IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 26165 of 2011(U) -------------------------- PETITIONER: ------------------- SREENARAYANA GURU TRUST, REG.NO.425/IV/2008, REGD.OFFICE, SNDP UNION BUILDING, M.G.ROAD, KOTTAYAM, REPRESENTED BY ITS SECRETARY A.G.THANKAPPAN, RESIDING AT AAKKALATHIL HOUSE, PALLOM.P.O., PALLOM KARA, NATTAKOM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.K.JAJU BABU ADV.SRI.M.U.VIJAYALAKSHMI ADV.BRIJESH MOHAN ADV.T.R.SADEESHAN ADV.T.S.SHYAM PRASANTH RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM-695 001. 2. THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES, RAM MOHAN PALACE, KOCHI-682 031, REPRESENTED BY ITS MEMBER SECRETARY 3. THE COMMISSIONER OF ENTRANCE EXAMINATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, TRIVANDRUM-695 001. 4. MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM-686 560, REPRESENTED BY ITS REGISTRAR. R1 TO R3 BY SENIOR GOVT. PLEADER, SRI.P.N.SANTHOSH. R4 BY ADV.T.A SHAJI, SC FOR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MM WP(C).No. 26165 of 2011(U) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1: COPY OF THE GOVERNMENT ORDER DATED 1.11.2010. EXHIBIT P2: COPY OF THE JUDGMENT DATED 15TH DECEMBER, 2010 IN WP(c)NO.36852/2010. EXHIBIT P3: COPY OF THE GOVERNMENT ORDER NO.G.O.(MS)NO.142/11/H.EDN. DATED 19.08.2011. EXHIBIT P4: COPY OF THE STATEMENT ISSUED BY THE PETITIONER. EXHIBIT P5: COPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 23.09.2011. EXHIBIT P6: COPY OF THE REQUEST MADE BEFORE THE 4TH RESPONDENT BY THE PETITIONER DATED 26.09.2011. RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE MM ANTONY DOMINIC, J. ================ W.P.(C) NO. 26165 OF 2011 ===================== Dated this the 10th day of October, 2011 J U D G M E N T Petitioner is a Self Financing Engineering College affiliated to the 4th respondent University. According to the petitioner, 71 seats in different subjects of Engineering Courses are lying vacant despite admissions already made. It is therefore the writ petition is filed with the following prayer:- i) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to permit the petitioner management to fill up the vacant seats for 1st year B.Tech Degree Engineering courses 2011-12 as shown in Ext.P4 in their college by conducting spot admission in accordance with Ext.P2 judgment of this Hon'ble Court forthwith. 2. The case was adjourned in order to enable the learned Government Pleader to obtain instructions as to whether students could be alloted from the list maintained by the 3rd respondent and today on instructions, it has been submitted that since options are already closed, allotments cannot be made and I record the said submission. 3. Now that such a submission is made by the learned Government Pleader and as the petitioner states that they are willing to admit eligible students levying fees that are applicable WPC No. 26165/11 :2 : to the students alloted by the 3rd respondent, I dispose of this writ petition leaving it open to the petitioner to fill up the seats admitting eligible students levying fees that are applicable to the students allotted by the 3rd respondent. This process shall be completed within the time that is permitted by the University. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp