IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 34907 of 2008(E) -------------------------------------- PETITIONERS: --------------------- 1. AL-KAMIL CHARITABLE TRUST, PERUMTHALMANNA P.O., MALAPPURAM DISTRICT, REP. BY ITS SECRETARY, K.USMAN. 2. MALABAR HINDI PRACHAR KENDRA, KONDOTTY P.O., PULIKKAL-673 637, MALAPPURAM DISTRICT, REP. BY ITS SECRETARY, MR.MOHAMMED ABDUAL RAHIMAN NASSIR. 3. BHARATH HINDI PRACHARA KENDRAM, CENTRAL - ADOOR, PATHANAMTHITTA, REP. BY ITS SECRETARY, MR.BIJI LAL. BY ADV. SRI.ALIAS M.CHERIAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY EDUCATIONAL DEPARTMENT, SECRETARIAT TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DIRECTOR, SCERT, THIRUVANANTHAPURAM. 4. COMMISSIONER OF EXAMINATIONS, PARIKSHA BHAVAN, THIRUVANANTHAPURAM. R1, R2 & R4 BY GOVT. PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34907/2008-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION M/2/70927/DPI DTD. 14/11/07. EXT.P.2: COPY OF THE LETTER NO. M-2/70927/07 DT. 19/09/08. EXT.P.3: COPY OF THE ADMISSION MEMO DTD. 13/11/2008. EXT.P.4: COPY OF THE LETTER DTD. 24/09/2008. EXT.P.5: COPY OF A LIST OF STUDENTS IN THE WAITING LIST OF THE MANAGEMENT QUOTA SEATS IN 1ST PETITIONER'S INSTITUTE. EXT.P.6: COPY OF THE JUDGMENT DTD. 28/09/07 IN W.P.(C).NO.27255/07. EXT.P.7: COPY OF THE JUDGMENT DTD. 04/10/06 IN W.P.(C).NO.25096/06. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 34907of 2008 ------------------------------------ Dated this the 15th day of January, 2009 JUDGMENT Petitioners are the three self financing colleges, where diploma in the Language Education (Hindi) is sought. According to the petitioners, there are two such institutions under the Government sector. It is stated that for filling up the seats in government sector and the self financing sector, separate entrance tests are conducted and separate rank lists are prepared by the second respondent. According to the petitioners, in the self financing colleges, there were 90 seats and in the rank list prepared by the second respondent there were only 44 candidates, leaving the balance seats unfilled. On the other hand, it is stated that to fill up 120 seats in the colleges in the government sector, rank list was prepared with 200 candidates and out of it, 80 candidates are now in excess. Thus while there are vacancies in the self financing colleges and there were excess candidates in the rank list prepared for the government colleges. In view of this, the petitioner submitted Exhibit P4 before the second respondent seeking permission to admit the candidates included in the rank list prepared for the W.P.(C) No. 34907/2008 2 colleges in the government sector and in this writ petition, the petitioner seeks a direction to the second respondent to consider and pass orders on Exhibit P4. If as a matter of fact, the petitioner has made a representation in the nature of Exhibit P4 and the same has been received and is pending, I see no reason why the second respondent should not pass orders therein. Writ petition is therefore disposed of directing that the second respondent shall consider and pass orders on Exhibit P4, as expeditiously as possible, at any rate, within three weeks of production of copy of this judgment. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the second respondent for compliance. ANTONY DOMINIC, JUDGE scm