IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).NO. 20916 OF 2011(L) ---------------------------------------- PETITIONER(S): ------------------------ AJAI SANKER K, KUMALATHIL HOUSE, MULAKKULAM NORTH P.O, PIRAVOM, ERNAKULAM- 686 664. BY ADV. SMT.I.SHEELA DEVI, SMT.ANITHA K.A. RESPONDENT(S): ------------------------- 1. INDIAN COUNCIL OF AGRICULTURAL RESEARCH, REPRESENTED BY ITS SECRETARY, KRISHI ANUSANDHAN BHAVAN – II, PUSA, NEW DELHI, PIN- 110 012. 2. CONTROLLER OF EXAMINATIONS, EDUCATION DIVISION, INDIAN COUNCIL OF AGRICULTURAL RESEARCH, ROOM NO.226, KRISHI ANUSANDHAN BHAVAN – II, PUSA, NEW DELHI, PIN- 110 012. 3. CHAIRMAN, COUNSELING COMMITTEE, INDIAN COUNCIL OF AGRICULTURAL RESEARCH, KRISHI ANUSANDHAN BHAVAN – II, PUSA, NEW DELHI, PIN- 110 012. BY ADV. MR.VIVEK VARGHESE P.J., SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).NO. 20916 OF 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE AND MARK LIST ISSUED BY THE CBSE TO THE PETITIONER. EXT.P2: COPY OF THE CERTIFICATE AND MARK LIST ISSUED BY THE CBSE TO THE PETITIONER. EXT.P3: COPY OF THE APPLICATION FORM SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE ADMIT CARD ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF THE COUNSELING INSTRUCTION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER F.NO.1(7)/2011-EXAM CELL DATED 07/07/2011. EXT.P6: COPY OF THE COUNSELING INSTRUCTION AND APPLICATION FORM ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P7: COPY OF THE COUNSELING INSTRUCTION DATE AND TIME ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P8: COPY OF THE POSTAL COVER RECEIVED BY THE PETITIONER. EXT.P9: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P.10: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY DIRECTOR, ICAR. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 20916 OF 2011 ----------------------------------------------------- Dated this the 2nd day of August , 2011 J U D G M E N T Heard the counsel for the petitioner and also the learned senior counsel appearing for the respondents. 2. The petitioner completed his +2 course and applied for admission to Bachelor's degree in Agriculture and Allied Subjects for the academic year 2011-2012. The petitioner appeared for a written test which was held on 16.4.2011 and he passed the examination. But in the first round of allotment of candidates the petitioner's name was not shown in the website of the respondents. According to the petitioner, he was not aware of the 2nd round of allotment through internet and therefore, he did not check the internet. However, on 28.7.2011, he received a postal intimation for the 2nd round of counselling scheduled on 26.7.2011. Thereupon the petitioner tried to contact the respondent through W.P.(C) No. 20916 OF 2011 :2 : telephone but his attempt was not successful. 3. At that stage he filed this writ petition praying to direct the 2nd respondent to allow the petitioner to participate in the selection process for admission to B.Sc. Agriculture. Along with an I.A.12612/1, the petitioner has also produced Ext.P10, a representation made to the Deputy Director of the first respondent wherein he has also indicated that there were vacancies in the Kerala Agricultural University, Thrissur and KVASU, another institute at Pookot. In this representation he has requested that directions may be issued to the Kerala Agricultural University to consider him for admission to either of the said vacancies. 4. Although the petitioner did not check the internet at the time when the 2nd round of allotments were made by the 2nd respondent, still fact remains that the intimation regarding the counselling scheduled on 26.7.2011, send by post was delivered W.P.(C) No. 20916 OF 2011 :3 : to the petitioner only on 28.7.2011. Therefore the entire blame for his failure to report for counselling on 26.7.2011, cannot be put on the petitioner. 5. Now from the submissions made it is evident that the allotment is not fully over so far and therefore to avoid hardships to the petitioner, I direct that he shall report before the 2nd respondent or or before 8th August, 2011. In that event the 2nd respondent will condone the lapse of the petitioner for his failure to appear for counselling on 26.7.2011 and allot the petitioner to the University where vacancies are available. In that process consideration may also be given to Ext.P10 request made by the petitioner to allot him to the vacant seats available in the Kerala Agricultural University. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE ul/-