IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 35119 of 2010(L) -------------------------------------- PETITIONERS: --------------------- 1. VASIM AKRAM, 18 YEARS, S/O.SALIM A.M., ELAMANA HOUSE, PARAMBAYAM, NEDUMBASSERY P.O., ERNAKULAM DISTRICT. 2. NIBIN RAJ, S/O.RAJAN, RAJAN BHAVANAM, ARINELLOOR P.O., KOLLAM. BY ADV. SRI.JIJO PAUL. RESPONDENTS: ------------------------ 1. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 2. AXIS COLLEGE OF ENGINEERING TECHNOLOGY, AMBNOLY, MURIKKINGAL P.O., THRISSUR DISTRICT, REPRESENTED BY ITS PRINCIPAL. R1 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 35119 OF 2010 ===================== Dated this the 23rd day of November, 2010 J U D G M E N T Petitioners were candidates who were included in the ranked list for admission to B.Tech Course. Ranked list was published by the Commissioner for Entrance Examination for B.Tech Course. Accordingly, they were allotted to the 2nd respondent college and joined that college. 2. Subsequently, Ext.P2 Government Order providing for special allotment of students to the Engineering colleges mentioned therein was issued based on the Government Order dated 10/11/2010. Clause 3 of the said GO provided that students already admitted to other courses based on the previous allotments and who participate in the special allotment and receive new allotment will be liable to pay liquidated damages in order to obtain TC from the institutions where they are presently admitted. 3. Petitioners appear to be desirous of participating in the special allotment, and on the issuance of Ext.P2, they filed Ext.P3 representation to the 1st respondent objecting to Clause 3 of WPC No. 35119/10 :2 : Ext.P2 providing for payment of liquidated damages. It is thereafter that this writ petition has been filed praying to quash the aforesaid provision of Ext.P2. 4. As rightly pointed out by the learned Government Pleader, Ext.P2 order of special allotment was necessitated on account of the belated grant of sanction by the AICTE and affiliation by the University for the colleges mentioned in that order, which obligated the Commissioner to include those colleges also in the list of colleges for allotment of students after the orders were initially issued. It was therefore that the order itself has been styled as one for special allotment of students. A reading of the contents of Ext.P2 discloses that the Government did not want the allotments already made to the existing Engineering Colleges to be disturbed on account of the special allotment now proposed, and it was therefore that, penal provisions providing for payment of liquidated damages has been incorporated in Ext.P2. Therefore, the higher option already exercised by the petitioner are of no avail, in so far as the allotments that is to follow based on Ext.P2. If that be so, WPC No. 35119/10 :3 : petitioner cannot object to the penal consequences in Ext.P2. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp