IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 26592 of 2009(T) -------------------------- PETITIONER(S): --------------- VISHNU PRASAD.B, S/O.VENKATESH, GOKULAM, ERIYA P.O. (VIA), ANANDASHRAMAM, KASARAGOD DISTRICT-671 531. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, TRIVANDRUM. 3. MOUNT ZION COLLEGE OF ENGINEERING, KADAMMANITTA, PATHANAMTHITTA DISTRICT-689 649, REPRESENTED BY ITS MANAGING DIRECTOR. 4. THE PRINCIPAL, MOUNT ZION COLLEGE OF ENGINEERING, KADAMMANITTA, PATHANAMTHITTA DISTRICT-689 649. 5. THE PRINCIPAL, PALAKKAD INSTITUTE OF SCIENCE AND TECHNOLOGY, ATTAYAMPATHY, GOVINDAPURAM P.O., MUTHALAMADA, PALAKKAD DISTRICT-678 507. GOVERNMENT PLEADER, SHRI K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26592 of 2009(T) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE FIRST ALLOTMENT MEMO DATD 17/7/2009 ISSUED BY THE SECOND RESPONDENT. EXT.P2 TRUE COPY OF SECOND ALLOTMENT MEMO DATD 04/08/2009 ISSUED BY THE SECOND RESPONDENT. EXT.P3 TRUE COPY OF ADMISSION MEMO DATED 11/08/2009 ISSUED BY THE FOURTH RESPONDENT EXT.P4 TRUE COPY OF THE THIRD ALLOTMENT MEMO DATD 08/09/2009 ISSUED BY THE SECOND RESPONDENT. EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 14/09/2009 ADDRESSED TO THE THIRD RESPONDENT BY THE PETITIONER. EXT.P6 TRUE COPY OF THE AGREEMENT DATED 03/07/2009 BETWEEN THE FIRST RESPONDENT-GOVERNMENT AND THE ASSOCIATION. EXT.P7 TRUE COPY OF THE NOTICE DATED 01/12/2009 OF THE FIFTH RESPONDENT. \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26592/2009-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of January, 2010 J U D G M E N T Inspite of receipt of notice, respondent Nos.3 and 4 have not appeared. The petitioner herein seeks for a direction to respondent Nos.1 to 4 to release all the certificates of the petitioner like S.S.L.C., Higher Secondary Examination Certificate, T.C., Conduct Certificate, Admit Card, Rank list and Fitness Certificate for enabling the petitioner to produce it before the fifth respondent College. 2. The petitioner appeared for the entrance examination for Engineering and Medical for the year 2009 conducted by the second respondent and, he obtained Rank No.22308 in Engineering. In terms of his option, he was alloted, firstly by Ext.P1, a letter for joining Information Technology course in K.G.R College of Engineering, Kidangoor. Petitioner remitted the yearly fees of Rs.65,000/- on 23/07/2009 through the State Bank of Travancore. But, he did not join there. Thereafter, the second respondent made the second allotment for Computer Science & Engineering in the third respondent College, as per Ext.P2. The said allotment was under the merit quota in Private Self Financing Institution. He joined the third W.P.(C). No.26592/2009 -:2:- respondent College as per admission memo dated 11/08/2009. Ext.P3 is the copy of the said admission memo. Subsequently, the second respondent issued a third allotment memo dated 08/09/2009 for Mechanical Engineering at Palakkad Institute of Science and Technology, Muthalamada, namely, the fifth respondent College. Since, this was the first preference of the petitioner, he proposed to join the said college. Accordingly, he remitted the fees and joined the fifth respondent College. The petitioner could not produce the original certificates for verification before the fifth respondent as they are still retained by the fourth respondent. Even though the petitioner submitted a representation before the third respondent, as per Ext.P5, with copy to the second respondent, so far, no action has been taken on it. It is in these circumstances, the petitioner approached this Court seeking for various reliefs. 3. While admitting the writ petition, this Court passed the following interim order:- “There will be an interim order directing the fifth respondent to permit the petitioner to continue his studies in Palakkad Institute of Science and Technology until further orders.” W.P.(C). No.26592/2009 -:3:- 4. The petitioner is now continuing in the fifth respondent College as per the third allotment and in tune with the first preference of the petitioner. 5. It is submitted by the learned counsel for the petitioner that the original certificates will have to be forwarded to the University for enabling him to write the examinations and any delay in the matter will put the petitioner in hardship. 6. The third and fourth respondents have not appeared or filed a counter affidavit in the matter opposing the prayers of the petitioner. It is the plea of the petitioner that the third and fourth respondents cannot insist for payment of the entire fee for the remaining three years as a condition for the release of the documents. It is submitted that the said demand raised by the third and fourth respondents is clearly illegal and any provision in the agreement between the Government and the third respondent in that regard will not bind the petitioner. 7. There will be a direction to the competent authority among the first and second respondents to take an appropriate decision to enable the petitioner to get the documents from the third and fourth respondents. If the petitioner files an appropriate representation before the W.P.(C). No.26592/2009 -:4:- second respondent within a period of three weeks from today along with a copy of this Judgment, the second respondent will hear the petitioner and third & fourth respondents and take a decision within a period of one month from the date of receipt of a copy of the said representation. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms