IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25358 of 2011(T) ----------------------------------------- PETITIONER(S): ------------------------ SANAM SASIDHARAN.P., AGED 18 YEARS, PERUMBAYIL, BADRA NILAM PARAMBA P.O., KALLAI, CALICUT-673 003. BY ADV. SRI.NIRMAL. S RESPONDENT(S): -------------------------- 1. ASST.DIRECTOR GENERAL (HRD), INDIAN COUNCIL OF AGRICULTURAL RESEARCH, KRISHI ANUSANDHAN BHAVAN II, PUSA, NEW DELHI-110 012. 2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, THRISSUR.680 001. R1 BY ADV. SRI.K.P.MUJEEB, SC R2 BYNADV. SRI.JACOB VARGHESE (SR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, ALONG WITH WPC NO. 25043 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.25358/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1:- TRUE COPY OF THE ADMIT CARD HAVING ROLL NO.071240. EXHIBIT P2:- TRUE COPY OF THE LETTER F NO.1(7/11) EXAM CELL DATED 7.7.11. EXHIBIT P3:- TRUE COPY OF THE ENVELOPE IN WHICH EXT.P2 LETTER WAS SENT. EXHIBIT P4:- TRUE COPY OF THE LETTER DATED 4.8.2011 SENT BY THE IST RESPONDENT BY SPEED POST TO THE PETITIONER. EXHIBIT P5:- TRUE COPY OF THE LETTER DATED 9.8.2011 GIVEN BY HAND BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J ....................................................... W.P.(C)s.25358 & 25043/2011 .............................................. Dated this the 28th day of September, 2011 JUDGMENT Petitioners had applied in response to a notification issued by the first respondent, the ICAR, for admission to Bachelor Degree Programme in Agriculture and Allied Science subjects (Other than Veterinary Sciences). They appeared in the All India Entrance Examination and got themselves qualified. ICAR issued notification calling the petitioners for second counselling which was scheduled on 25th and 26th of July, 2011 at New Delhi. However insofar as the petitioner in W.P.(C).25358/2011 is concerned, intimation reached her only on 27.7.2011 and insofar as the petitioner in W.P.(C). 25043/2011 is concerned, the intimation was received by her only on 3.8.2011. Accordingly, the petitioners complained the ICAR and they were given similar replies, a copy of which is produced as Ext.P4 in these writ petitions. This communication reads thus:- “This office is in receipt of your letter regarding late receipt of the 2nd counselling letter due to postal delay. It is informed that the second counselling which was held on 25-26 July, 2011, is already over and no 3rd counseling will be held W.P.(C)s.25358 & 25043/11 2 as academic session in majority of the universities has already started. The subject- wise, university-wise and category-wise list of vacant seats left after the 2nd counseling, which has been released to the respective universities for filling from their state quota, is enclosed herewith for your information. In case the universities are ready to grant you the admission against these vacant seats, ICAR will have no objection. This is for your information please.” 2. Therefore, according to the ICAR, if the Universities have no objection, ICAR have also have no objection for granting admission to the petitioners, if vacant seats are available. In these writ petitions, petitioners have specifically pleaded that there are vacancies available in the Kerala Agricultural University, Thrissur and that if the ICAR issues specific directions to the University, the University will grant admission to them. 3. While the ICAR have no objection to grant admission to the petitioners if the Universities are willing and as according to the petitioners, Universities are willing if the ICAR issues specific directions, I direct that on the production of a copy of this W.P.(C)s.25358 & 25043/11 3 judgment, ICAR will issue appropriate orders to the Kerala Agricultural University, Thrissur, who there upon will consider the petitioners for admitting them in the Course mentioned above. 4. Petitioners shall produce a copy of this judgment before the Assistant Director General (HRD), ICAR, New Delhi, who shall issue such orders as expeditiously as possible at any rate, within one week of production of a copy of this judgment. Writ petition is disposed of. ANTONY DOMINIC, Judge mrcs