IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 26152 of 2011(T) -------------------------- PETITIONER(S): ----------------- ARATHI P., D/O.ANIL KUMAR, AGED 18, FLAT NO.B-53, TELECOME STAFF QUARTERS, MALAPARAMBA P.O., KOZHIKODE-673 009. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): -------------------- 1. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERMENT SECRETRIAT, THIRUVANANTHAPURAM-695 001. 3. SREE ANJANEYA MEDICAL TRUST, 4TH FLOOR, KANCHAS COMPLED, OPP INDOOR STADIUM,CALICUT-4, MANAGING MALABAR MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE, MODAKKALLUR P.O., ATHOLI VIA, KOZHIKODE-673 321. 4. THE KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, INTERNATIONAL STUDENTS CENTRE, LMS COMPOUND, THIRUVANANTHAPURAM-695 033. ADV. SRI.A.MOHAMED MUSTAQUE FOR R4 SRI.K.R.AVINASH (KUNNATH) FOR R4 SR.GOVT.PLEADER SMT.M.J.RAJASREE SRI.P.SANJAY FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26152/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1- TRUE COPY OF THE NOTIFICATION DATED 31/8/2011 ISSUED BY THE 1ST RESPONDENT COMMISSIONER OF ENTRANCE EXAMINATION. EXHIBIT P2- TRUE COPY OF THE NOTIFICATION DATED 17/09/2011 ISSUED BY THE 1ST RESPONDENT COMMISSIONER OF ENTRANCE EXAMINATION. EXHIBIT P3- TRUE COPY OF THE RELEVANT PORTION OF THE ALLOTMENT MEMO DATED 18/09/2011 ISSUED BY THE 1ST RESPONDENT COMMISSIONER. EXHIBIT P4- TRUE COPY OF THE PAYMENT SLIP ISSUED BY SBT DATED 20/09/2011. EXHIBIT P5- TRUE COPY OF THE FEE RECEIPT DATED 23/8/2011 EVIDENCING ADMISSION IN M.S.RAMAIAH DENTAL COLLEGE, BANGLORE. EXHIBIT P6- TRUE COPY OF THE S.S.L.C. CERTIFICATE OF THE PETITIONER ATTESTED BY PRINCIPAL OF M.S.RAMAIAH DENTAL COLLEGE, BANGLORE. EXHIBIT P7- TRUE COPY OF THE HIGHER SECONDARY EXAMINATION CERTIFICATE OF THE PETITIONER ATTESTED BY PRINCIPAL OF M.S.RAMAIAH DENTAL COLLEGE, BANGLORE. EXHIBIT P8- TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ATTESTED BY PRINCIPAL OF M.S.RAMAIAH DENTAL COLLEGE, BANGLORE. EXHIBIT P9- TRUE COPY OF THE TRANSFER CERTIFICATE OF THE PETITIONER ATTESTED BY PRINCIPAL OF M.S.RAMAIAH DENTAL COLLEGE, BANGLORE. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 26152 OF 2011 ===================== Dated this the 1st day of December, 2011 J U D G M E N T Heard the learned counsel appearing for the petitioner, learned Government Pleader appearing for respondents 1 and 2 and the respective counsel appearing for respondents 3 and 4. 2. The petitioner had appeared for the Entrance Test for admission to MBBS course and in the ranked list prepared by the 1st respondent, she was assigned Rank No.3908. Subsequently, she was also allotted to 3rd respondent college in a seat reserved for Ezhava candidates. Accordingly, petitioner remitted `1,38,000 towards fee, which is evident from Ext.P4 dated 20/9/2011. 3. However, by the time the allotment was made and the petitioner remitted the fee as above, she had already secured admission and joined Ramaiah Dental College, Bangalore for BDS and the original certificates were produced before that College. Although the petitioner had requested the authorities of the said college to return the certificates, she could not get the same and on account of the non production of the original certificates, admission was denied to her by the College and instead, another WPC No.26152/11 :2 : student was admitted. It is in these circumstances, the petitioner has approached this Court by filing this writ petition seeking a direction to the respondents to admit the petitioner. 4. Considering the pleadings in the writ petition, on 30/9/11, this Court also passed interim order directing the 3rd respondent to admit the petitioner, if she was able to produce the certificates, provided a seat was still available for accommodating her. However, by the time, the seat was already filled up and on account of the above, petitioner could not enjoy the benefit of the said order as well. 5. By now the last date fixed for completing the process of admission namely 30/9/11 also has expired, as a result of which, at this distance of time no order as sought for by the petitioner for admitting her in the college can be granted. Therefore, the substantial prayers sought in this writ petition cannot be granted. 6. However, petitioner has made a prayer to refund the fee which she remitted before the 1st respondent as per Ext.P4. According to the petitioner, since she lost the benefit of admission for no fault of hers, she is entitled to get the fee refunded. Due to WPC No.26152/11 :3 : dearth of materials on this behalf, I do not wish to pronounce on that issue. But however, I leave it open to the petitioner to file an appropriate application before the 1st respondent explaining the circumstances which led to the forfeiture of the seat allotted to her, in which event, I direct the 1st respondent to consider the said representation and pass appropriate orders in the matter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp