IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 24328 of 2009(I) ------------------------------------- PETITIONER(S): --------------------- K.R.GOURI AMMA COLLEGE OF ENGINEERING FOR WOMEN, (BY SREE NARAYANA GURU MEMORIAL AND CULTURAL TRUST), VALAMANGALAM SOUTH P.O., THURAVOOR, CHERTHALA, ALAPPUZHA DISTRICT. REPRESENTED BY ITS CHAIRMAN P.SANAKAN. BY ADV. MR.GEORGE POONTHOTTAM RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM-695 001. R1 & R2 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.24328 of 2009 - I ---------------------------------------- Dated 10th November, 2009 Judgment The Educational Agency of the petitioner College applied to the All India Council for Technical Education, hereinafter referred to as 'AICTE' for short, for permission to establish an Engineering College for Women in Cherthala. By Ext.P1 letter dated 29.6.2009, such permission was granted. The petitioner thereupon moved the University of Kerala for affiliation. The petitioner also entered into a seat sharing agreement with the Government of Kerala. It is stated that the University of Kerala has granted affiliation and that the Government have after the seat sharing agreement was entered into issued Ext.P2 order issuing a no objection certificate for starting a new College for the academic year 2009-2010. Though the petitioner college had requested the Commissioner for Entrance Examinations to allot students to the petitioner college, allotment was not made after 14.8.2009, the last date stipulated in the seat sharing W.P.(C) No.24328/2009 2 agreement for allotment of students from the rank list. Therefore, only one round of allotment was made to the petitioner's college. In this writ petition, the petitioner seeks a direction to the respondents to allot further students to the petitioner's college for admission against the unfilled seats. 2. The learned Government Pleader appearing for the respondents submits that the rank list has ceased to be in force on 31.10.2009 and that thereafter the Commissioner for Entrance Examinations cannot make any allotment. The learned counsel appearing for the petitioner submits that if the Commissioner for Government Examinations furnishes the details of the students who are yet to secure admission, the petitioner can call for applications for admission by issuing a notice in the news paper dailies. He submits that as per the seat sharing agreement, the college is bound to admit students only on the basis of merit and therefore a copy of the rank list should be furnished to the college authorities. W.P.(C) No.24328/2009 3 3. As the last date stipulated in the seat sharing agreement has expired, the petitioner is not bound to admit any student allotted by the Commissioner for Entrance Examinations. However, in view of the provisions in the seat sharing agreement, the petitioner can admit only students who have passed the entrance examination, based on the order of merit. In the above circumstances, I dispose of this writ petition with the following directions: (i) It will be open to the college authorities to invite applications from students who have appeared for the entrance examination for admission against the unfilled seats in the petitioner's college; (ii) The petitioner shall make admissions only on the basis of the rank secured by the candidates in the entrance examination; (iii) In order to enable the petitioner to verify the rank of the candidates, the Commissioner for Entrance Examinations shall furnish to the petitioner a list of candidates who did not get admission before 31.10.2009 arranged in the order of W.P.(C) No.24328/2009 4 merit. A list of such candidates shall be furnished within one week from the date on which the petitioner makes an application in writing to the Commissioner for Entrance Examinations. P.N.RAVINDRAN Judge vaa