AKHIL SATHIAPAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court seeking for a direction to the 4 th respondent to admit the petitioner in the 3 rd Semester B.Tech Course for Mechanical Engineering.

(2.) The short facts involved in the writ petition would disclose that the petitioner had joined the Government Engineering College at Thalappuzha, Wayanad. He is presently, the 3 rd Semester student. He applied for transfer to the Government Engineering College, West Hill, Kozhikode. The 4 th respondent by an endorsement in his application had permitted him to join in the Government Engineering College, Kozhikode. However, when the petitioner obtained transfer certificate from the Government Engineering College, Wayanad and had approached the 4 th respondent, he was informed that there was another claimant. Hence, he could not get admission either in the Government Engineering College, Kozhikode or he cannot go back to the Government Engineering College, Wayanad. At this stage, the petitioner had approached this Court.

(3.) Instructions had been received by the learned Government Pleader on behalf of respondents 1 and 2. It is stated that while making an endorsement in the application of the petitioner, the 4 th respondent had committed a mistake. In fact, there was a complaint regarding the rank list being prepared. One Jamanudheen who was also studying in the Wayanad College had staked a claim stating that his rank was not correctly shown. The matter was enquired into and it was found that he was the first person to get the order of transfer. When the rank list was corrected, the petitioner becomes the 3 rd person. There are only two vacancies in Government Engineering College, Kozhikode in the Mechanical Department and therefore, the petitioner will not get the said opportunity on account of the changed circumstances. It is therefore, submitted by the learned Government Pleader that the petitioner can be accommodated in the Government Engineering College, Wayanad.