IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 20979 of 2009(N) -------------------------- PETITIONER(S): --------------- SUSHANTH.S.J, MINOR, AGED 17 YEARS REPRESENTED BY THE FATHER AND NATURAL GURDIAN T.S.SATHIAKKUMAR,AGED 54 YEARS, S/O.THAPASIMUTHU, RESIDING AT PUSHPAMANGALAM,ALAPPURAM, TIRUMALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.KILLIYOOR P.GOPALAKRISHNAN NAIR RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF EDUCATION,SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF ENTRANCE EXAMINATION THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.20979 of 2009 ---------------------------------------- Dated this the 24th day of August, 2009. JUDGMENT The petitioner, who belongs to the Christian SIUC community, applied for B.Arch Course. He scored 390/500 marks in the qualifying examination. The total number of seats allotted for B.Arch course as per Ext.P2 prospectus is 100. 20 seats are allotted to the Government Engineering College, Thrissur, 40 seats to the Government Engineering College, Thiruvananthapuram and 40 seats to the TKM College of Engineering, Kollam. The petitioner was rank No.415 in the general ranking for B.Arch and rank No.73 in the BX category. In the meanwhile, an additional intake was sanctioned in favour of TKM College of Engineering in the Government quota. MES College of Engineering, Kuttippuram is a self-financing College, which also imparts course in B.Arch. 50% of the seats could be filled up as per allotment by the W.P.(C).No.20979 of 2009 :: 2 :: Commissioner of Entrance Examinations. The petitioner's entitlement to claim reservation as a BX category was considered by the Commissioner and he was allotted to the merit seat in MES College, Kuttippuram. He joined there. It was later that he came to know that consequent upon the additional intake sanctioned in the TKM College of Engineering, an additional seat for BX category also came to be sanctioned. This additional seat for BX category came to be sanctioned in TKM College of Engineering. The petitioner opted for the same, as he hails from Thiruvananthapuram. It was not accepted. Hence the writ petition. 2. A counter affidavit has been filed by the 2nd respondent and a reply affidavit has been filed by the petitioner. 3. It is pointed out by the learned Government Pleader that it is true that an additional seat for BX category in B.Arch was allotted in TKM College of W.P.(C).No.20979 of 2009 :: 3 :: Engineering, Kollam, consequent upon the sanction of additional intake. But as per ranking in BX category, the person who had been allotted rank No.83 in the general ranking and had been allotted a merit seat in MES College of Engineering, Kuttippuram had opted in the BX category in TKM College of Engineering and it is, therefore, that the petitioner's option could be accepted only in relation to the merit seat available in the MES College of Engineering, Kuttippuram. 4. If the factual position is as stated by the learned Government Pleader, then it cannot be said that there is anything wrong or illegal. The allotment of the petitioner to the BX category seat in the MES College of Engineering, Kuttippuram is correct. 5. Learned counsel for the petitioner submits that there are still merit seats vacant in the TKM College of Engineering, Kollam, which was not filled up in the second allotment and if that be so, rank No.83, who was W.P.(C).No.20979 of 2009 :: 4 :: also ranked in BX category could be accommodated against the said seat. 6. Learned Government Pleader refutes this submission. He submits that ranking of the student, who has been allotted to the merit seat in TKM College of Engineering, Kollam last is 89 and the other seats are covered by the All India Quota. 7. In my view, this aspect may be considered by the Commissioner of Entrance Examinations and if, after the second allotment, there are non-joining vacancies in the TKM College, then the person, who was rank No.83 in the general rank and No.1 in BX category, may be accommodated against the said merit seat in TKM College and the petitioner may be given the option of the consequent BX category seat in the TKM College, Kollam. Necessary factual verification shall be done and a decision in this regard shall be taken by the Commissioner within two weeks from the date of receipt W.P.(C).No.20979 of 2009 :: 5 :: of a copy of this judgment. If the petitioner is not eligible to be considered, a reply shall be given to the petitioner. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge