IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22374 of 2011(V) -------------------------- PETITIONER(S): --------------- SYAMILI M.S., D/O. A.V.MANOJ, 'HIMASYLAM', MANNUTHY P.O., THRISSUR-680 651. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): --------------- 1. CONTROLLER OF EXAMINATIONS, INDIAN COUNCIL OF AGRICULTURAL RESEARCH, KRISHI ANUSANDHAN BHAVAN-II, PUSA, NEW DELHI-110 012. 2. INDIAN COUNCIL FOR AGRICULTURAL RESEARCH, KRISHI ANUSANDHAN BHAVAN-II, PUSA, NEW DELHI-110 012, REPRESENTED BY ITS SECRETARY. 3. DEPUTY DIRECTOR GENERAL (EDUCATION), DIVISION OF EDUCATION, KRISHI ANUSANDHAN BHAVAN-II, PUSA, NEW DELHI-110 012. BY ADV. SRI.VIVEK VARGHESE P.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.22374/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE POSTAL COVER RECEIVED BY THE PETITIONER. P2 COPY OF THE INTERVIEW CARD WITH THE counseling TIME ALAONG WITH THE PROFORMA WHICHW ERE ENCLOSED IN EXT.P1 COVER. P3 COPY OF THE E -MAIL SENT BY THE PETITIONER TO THE RESPONDENTS DATED 27.07.2011. P4 COPY OF THE ORDER DT 10.08.2011 IN WPC.21727/2011. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 22374 of 2011 V ``````````````````````````````````````````````````````````` Dated this the 18th day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner appeared in the entrance examination conducted by the respondents for admission to the Bachelor Degree Programme in Agricultural and allied subjects for the Academic Year 2011-2012. Petitioner's rank was 4006 and according to her, for the second counselling scheduled on 26.07.2011, the interview card was delivered to her only on 27.07.2011. Therefore, she was unable to appear for the counselling and has filed this writ petition with the following prayers:- (i) Declare that the 2nd counseling conducted by the respondents for the Bachelor Degree Programme in Agricultural and allied subjects on 15% seats in Agricultural Universities in the Academic Session 2011-2012 is without notice to the petitioner and hence the same W.P.(C) No.22374/2011 : 2 : is illegal. (ii) Issue a writ of mandamus order or direction directing the respondents to conduct a re-counselling to Bachelor Degree Programme in Agricultural and allied subjects on 15% seats in Agricultural Universities in the academic session 2011- 2012 afresh after giving notice to the petitioner and others. (iii) Issue a writ of mandamus order or direction directing the respondents to grant admission to the petitioner for Bachelor Degree Programme in Agricultural and allied subjects on 15% seats in Agricultural Universities in the Academic Session 2011-2012.” 2. Heard learned counsel for the petitioner and learned Senior Counsel for the respondents. 3. In Ext.P2, the instructions to the candidates, it is stated thus:- “The Registrars of concerned Universities where more than 15 seats are W.P.(C) No.22374/2011 : 3 : vacant have been invited along with few subject matter specialists for the Counselling and for granting admissions. For confirming the admission, you will be required to deposit part admission fee for `2,000/- (non- refundable) in cash positively with the Registrar of the concerned University for which receipt will be taken by you. Also, your original certificates will be required to be deposited with the Registrar. In case of late reporting by the candidates for counseling due to any reason, he/she will lose claim for admission that was due at his/her rank. However, such candidates may be considered for admission against left out seats at the time of reporting. No claim/compensation for problems (if any) encountered or cost incurred in attending the counseling will be entertained by the ICAR/Universities. Since academic session in some universities has already started/likely to start soon, candidates are advised to come prepared to report to the concerned University for W.P.(C) No.22374/2011 : 4 : registration within a week time but not later than 1st August, 2011.” 4. In view of the aforesaid provision and also the case of the petitioner that she got the interview card only on 27.07.2011, I direct that, if any left out seats are available, the petitioner may be considered for admission to any of those seats. Petitioner shall produce a copy of this judgment before the first respondent for compliance. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/18/08 // True Copy // P.A. To Judge