IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WA.No. 1230 of 2011() --------------------- AGAINST THE ORDER IN WPC.22232/2011 Dated 16/08/2011 .................... APPELLANT: PETITIONER ------------------------ SOHAN VARGHESE, RATHAPPILLIL HOUSE, 30/730, UDAYA ROAD, THYKOODAM, VYTILLA.P.O., ERNAKULAM, PIN-682 019. BY ADV. MR. ABRAHAM VAKKANAL, SENIOR ADVOCATE MR. PAUL ABRAHAM VAKKANAL MR. C.KHALID MR. DIJO SEBASTIAN MS. VINEETHA SUSAN THOMAS RESPONDENTS: --------------- 1. THE COMMISSIONER FOR ENTRACE EXAMINATION 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 3. THE COMMISSIONER, ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, CHANDRALOG BUILDING, JANAPATH, NEW DELHI-1. R1 AND R2 BY ADVOCATE GENERAL MR. K.P. DANDAPANI R3 MR. S, KRISHNAMOORTHY, STANDING COUNSEL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ I.A. No. 619 of 2011 and W.A. No. 1230 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 22nd day of August, 2011 JUDGMENT J. Chelameswar, C.J. I.A. No. 619 of 2011: This I.A. is filed at the instance of the first and second respondents with the prayer as follows : “For the reasons stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may be pleased to vacate the interim order dated 19.08.2011 in the above W.A. and allow this petition accordingly” 2. Various submissions on merits of the case of the petitioner are made in the Writ Petition. We may not go into the details of the said submissions, in view of the pendency of the Writ Petition. It may be mentioned herein that the instant appeal arises out of an interim order dated 6th August, 2011, by which the learned Judge declined to grant interim stay of the admission process to the Engineering Colleges. On 19th August, 2011 at the stage of admission of the instant appeal, having regard to the larger question of constitutionality of the admission process i.e. being adopted in the State of Kerala, prima facie, we opined that, there is a I.A. No. 619 OF 2011 and W.A. No. 1230 of 2011 :2: serious question of constitutionality involved in this matter and therefore we thought it necessary to order status quo. However, it is brought to our notice by the statement filed by the first respondent that the son of the appellant has already secured admission in an Engineering College viz. Viswajothi College of Engineering & Technology, Vazhakulam, Muvattupuzha. In paragraph 3 of the statement filed by the first respondent, it is stated as follows : 3. It is reliably learnt that the appellant's son has already taken admission for Engineering Course in Viswajothi College of Engineering & Technology, Vazhakulam, Muvattupuzha. The said college is a member of Kerala Catholic Engineering College Managements' Association, which is an association of 11 Engineering Colleges in the State. Admission to the 11 member colleges of Association was made by issuing separate prospectus.” The learned counsel for the appellant does not dispute the same. It is also submitted by the learned Advocate General appearing for the first and second respondents that pursuant to the admission process, which had already commenced, 16,877 students have already remitted their tuition fee. 3. In the circumstances, we do not think it just and necessary to continue the interim order holding of the entire selection process at the I.A. No. 619 OF 2011 and W.A. No. 1230 of 2011 :3: instance of a student, who had already secured admission to an Engineering College. We therefore vacate the interim order granted on 19.08.2011. Writ Appeal : In view of the fact that the order under appeal makes it clear that the admissions made pursuant to the impugned process will be subject to the result of the Writ Petition, we do not see any reason even to keep the Writ Appeal pending. The Writ Appeal itself is closed. In view of the importance of the questions involved in W.P.(C) No. 22232 of 2011 and connected matters, we deem it appropriate that these matters be heard and disposed of expeditiously . The learned Advocate General also agrees for the same course. The Registry is directed to list the Writ Petition No. 22232 of 2011 along with connected matters on 1st September, 2011 before the appropriate Bench in accordance with roaster. Sd/- J. CHELAMESWAR, CHIEF JUSTICE Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge