IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 36852 of 2010(F) ---------------------------------- PETITIONER(S): ------------------- SREE NARAYANA GURU TRUST, REG.NO.425/IV/ 2008, REGD.OFFICE, SNDP UNION BUILDING, M.C.ROAD, KOTTAYAM, REPRESENTED BY ITS SECRETARY A.G.THANKAPPAN, RESIDING AT AAKKALATHIL HOUSE, PALLOM P.O., PALLOM KARA, NATTAKOM VILLAGE, KOTTAYAM DISTRICT. BY ADVS. SRI.K.JAJU BABU SMT.M.UVIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN SRI.T.S.SHYAMPRASANTH RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVT.SECRETRIAT,TRIVANDRUM-01. 2. THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES, RAM MOHAN PALACE, KOCHI-682031, REPRESENTED BY ITS MEMBER SECRETARY. 3. THE COMMISSIONER OF ENTRANCE EXAMINATIONS,HOUSING BOARD BUILDINGS, SANTHI NAGAR, TRIVANDRUM-01. 4. MAHATMA GANDHI UNIVERSITY, PRIYADARSININ HILLS, KOTTAYAM-686 560 REPRESENTED BY ITS REGISTRAR. R1 TO R3 BY GOVT.PLEADER SRI.P.N.SANTHOSHKUMAR R4 BY ADV.SRI.T.A.SHAJI, SC., MG UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J -------------------------------------- W.P.(C).No.36852 OF 2010 ------------------------------------------------------------- Dated this the 15th day of December, 2010 JUDGMENT Petitioner is a self finance college affiliated to the 4th respondent University. College has been established after obtaining approval from the AICTE. According to the petitioner, on account of the delay in the AICTE issuing letter of approval, the petitioner could not fill up the entire seats by admitting candidates from the rank list prepared by the 3rd respondent. Now, a student is of the rank list prepared by the 3rd respondent got exhausted and at the same time, according to the petitioner out of total 300 seats in the 5 streams, only 60 students have been admitted and the remaining seats are lying vacant. 2. It is these circumstances, petitioner approached this court with the following prayer:- “i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to permit the petitioner to fill up the remaining seats viz., 60 for EE, 56 for CS, 54 for EC, 38 for CE and 32 for ME lying vacant from students who secured qualifying marks prescribed by the AICTE and the 4th respondent University for the 1st year Engineering Course during the year 2010-2011 on the basis of merit.” W.P.(C).No.36852 OF 2010 2 3. The learned Government Pleader appearing for the respondents 1 and 3 confirms that, the rank list published by the 3rd respondent got exhausted and that no further students are available for allotment. It is also submitted that any admission made should be in compliance with the fee structure that is already approved and all eligibility standards laid down by the authorities shall be satisfied. University also made submissions in line with the stand adopted by the learned Government Pleader. 4. The admitted position therefore, is that, about 240 seats in the college for different courses are lying vacant and the rank list prepared by the 3rd respondent also has got exhausted. Further, the last allotment process by the 3rd respondent is also over. In such circumstances, I see no reason why the petitioner shall not go ahead with spot admissions, provided, spot admissions made are of eligible students and only on collecting fees as laid down by the Government, and also subject to the supervision by the 2nd respondent. 5. Subject to the aforesaid limitations, the writ petition will stand disposed of directing that the petitioner will be permitted to fill up the remaining seats lying vacant for the first W.P.(C).No.36852 OF 2010 3 year Engineering Course during the academic year 2010-2011 by spot admission. ANTONY DOMINIC JUDGE dmb