IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 1518 of 2009(E) ----------------------------------- PETITIONER: -------------------- SALINI SIVARAJ, JANAKI MADHAVAM,H.O. IX/129,VATTUKKUNNU, CHOTTANIKKARA P.O. ERNAKULAM DISTRICT. BY MR .PIRAPPANCODE V.S.SUDHIR, ADVOCATE RESPONDENTS: ----------------------- 1. THE VICE CHANCELLOR, M.G.UNIVERSITY, KOTTAYAM. 2. THE PRINCIPAL, R.L.V COLLEGE OF ARTS, TRIPUNITHURA, ERNAKULAM. 3. INDU K.S. C/O.SASIDHARAN, KELOTH HOUSE NEAR MADATHIPARAMBIL TEMPLE, KUMBALAM P.O. KOCHI - 682 056. BY ADVOCATES. FOR UNIVERSITY MR. T.A. SHAJI,(SC) FOR R3 MR.K.S.MADHUSOODANAN FOR R3 MR.T.V.JAYAKUMAR NAMBOODIRI FOR R3 MR.THUSHAR NIRMAL SARATHY FOR R3 MR.M.M.VINOD KUMAR FOR R3 SMT.K.M.RAMYA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1518 of 2009(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE MEMORANDUM DATED 12.8.2008 ISSUED BY THE UNIVERSITY OF KERALA, SHOWING THE MARKS AWARDED TO THE PETITIONER. EXT.P2 - TRUE COPY OF THE APPLICATION DATED 15.9.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3 - TRUE COPY OF THE RELEVANT EXTRACT OF THE RANK LIST OF 1ST M.A. VOCAL MUSIC 2008-2009 PUBLISHED BY THE 2ND RESPONDENT. EXT.P4 - TRUE COPY OF THE REPRESENTATION DATED 18.12.2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5 - TRUE COPY OF THE REPRESENTATION DATED 12.12.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R3(a) - PHOTOCOPY OF THE PROVISIONAL CERTIFICATE DATED 22.9.2008. EXT.R3(b) - PHOTOCOPY OF THE LEAVE APPLICATION DATED 15-12-2008. EXT.R3(c) - PHOTOCOPY OF THE MEDICAL CERTIFICATE DATED 17.1.2009. // TRUE COPY // PA TO JUDGE rhs ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.1518 of 2009 -------------------------------------- Dated this the 3rd day of February, 2009 JUDGMENT Controversy in this writ petition is regarding one seat occupied by the 3rd respondent for the first year M.A. (Vocal Music) in the R.L.V College of Music and Institute of Fine Arts, Tripunithura. The 3rd respondent was No.3 in the rank list and the petitioner was No.1 in the waiting list. The 3rd respondent was admitted to the course. However, contending that the 3rd respondent had abandoned the course and was not attending the classes, the petitioner made Exhibits P4 and P5 to the authorities, requesting that she be admitted in the seat vacated by the 3rd respondent. 2. Counter affidavit has been filed by the 3rd respondent, from which it is seen that the course was started on 23/10/2008 and she attended the classes till 25/11/2008. It is stated that subsequently, as she was suffering from Gastritis and severe back pain, for the last 2 ½ months, she could not attend the classes. She W.P.(C) No.1518/2009 2 has also produced R3(b) and R3(c), leave application and medical certificate before the second respondent. Counsel now contends that she has recovered from the ailment and is now attending the classes regularly. 3. From the facts as disclosed in the counter affidavit filed by the 3rd respondent, it is obvious that the case of abandonment of the course by the 3rd respondent complained by the petitioner, is not factually correct. Although, it is true that the 3rd respondent was absent for a considerable period,the fact remains that she has now started attending in classes. If that be so, she is continuing in the course and therefore, the petitioner cannot seek an order from this court to accommodate her in the seat allotted and occupied by the 3rd respondent. Writ petition fails and hence, it is dismissed. ANTONY DOMINIC, JUDGE scm