CHAIRMAN Vs. NIDHIN VINU

JUDGEMENT

(1.) This review petition is filed praying for a review of the judgment dated 3.2.2017 passed by this Court in W.P.(C) No.3269/2017. The petitioner herein was the 5th respondent in the said writ petition which was dismissed in limine. The petitioners therein were students admitted to B.Pharm course in the College of the review petitioner viz., in Sree Krishna College of Pharmacy and Research Centre, Parassala, Thiruvananthapuram. They filed the said writ petition seeking the following reliefs:

(2.) The order impugned therein was Ext.P8 order dated 31.12.2016 whereby the Admission Supervisory Committee declined to approve the admission of the petitioners therein, in the college of 5th respondent on the ground that they had been given illegal admission in violation of procedures and therefore it amounts to clear exploitation, capitation fee collection, admission in violation of merit and disobedience of court order dated 11.8.2016 in W.P.(C)No.25203/2016. While considering the contentions and reliefs sought for in the writ petition we had taken note of the fact that the review petitioner herein viz., 5th respondent therein had earlier approached this court and filed W.P.(C)No.25203/2016 virtually challenging the allotment of Government merit quota candidates made on 24.7.2016 by the third respondent LBS Centre for Scienceand Technology, Nandavanam, Palayam, Thiruvananthapuram to the very same course in question viz B.Pharm course for the very same academic year. On perusal of Ext.P10 judgment of this Court passed in W.P.(C) No.25203/2016 we found that essentially the contention of the 5th respondent viz., the revision petitioner was that the LBS had no right to allot students after 15.7.2016 or at any rate after 19.7.2016, the date of first allotment against the government quota. Ext.P10 judgment would reveal that this court had declined to accept the contention of the review petitioner who was the petitioner therein that the cut off date for the aforesaid purpose was 15.7.2016 and found that the cut off date was extended to 15.8.2016 and thereafter, up to 31.8.2016. Needless to say that in that view of the matter vacancies under the Government merit quota would not have lapsed before the expiry of the said period and no student other than an allottee by LBS Centre could have been admitted under the government quota, by the management of the College. The petitioners in W.P.(C)No.3269/2017 were the students who were admitted by the management of the College before the expiry of the period for allotment of students under the Government merit quota, by the management as management quota candidates. Those aspects revealed from the pleadings in W.P.(C)No.3269/2017 and from Ext.P10 judgment were taken into for the purpose of considering the claims and contentions in W.P.(C)No.3269/2017. The fact that the judgment in W.P.(C)No.25203/2016 has become final and that the petitioners in W.P.(C)No.3269/2017 were students who were admitted to the very same B.Pharm course before the expiry of the period for allotment of Government merit quota, by the management as management quota candidates, even after an unsuccessful challenge against the right of LBS to allot students after 15.8.2016 or 19.8.2016 and therefore, could not have admitted them to the said course prior to the expiry of the said period, were duly taken into consideration at the time of its disposal rather, for dismissing it. In the contextual situation we alsoreferred to the decision of the Hon'ble Apex Court in W.P. (C)No.677/2016 dated 23.01.2017. The relevant portion of the said judgment viz. paragraph 15 was quoted by us in the judgment in W.P.(C)No.3269/2017 and the said relevant paragraph reads thus:

(3.) We have heard the learned counsel for the review petitioner, the learned counsel appearing for the Admission Supervisory Committee and the learned counsel appearing for the Kerala University for Health Sciences.