IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 23861 of 2011(G) -------------------------- PETITIONER: ------------------ PILLAI JISHNU JAIKUMAR,AGED 18 YEARS, S/O.JAIKUMAR,VANDIKULANGARA HOUSE,PANANGAD.P.O, COCHIN-682506. BY ADVS. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SRI.JOBI.A.THAMPI SMT.RABIA BEEGAM T.K. SMT.ARATHI KARUNAKARAN RESPONDENT(S): ------------------------ 1. MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR,PRIYADARSHINI HILLS, KOTTAYAM-686560. 2. THE DIRECTOR,HIGHER SECONDARY EDUCATION, KERALA,PAREEKSHA BHAVAN,POOJAPURA, TRIVANDRUM-695012. 3. ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY,MULAVOOR.P.O,MUVATTUPUZHA, ERNAKULAM DISTRICT-686673. 4. MAHARASHTRA STATE BOARD OF SECONDARY AND HIGHER SECONDARY EDUCATION,SHIVAJI NAGAR, PUNE,MAHARASHTRA-411005. 5. K.M.AGARWAL JUNIOR COLLEGE OF ARTS, COMMERCE AND SCIENCE,MUMBAI PADGHA,GANDHARE, KALYAN(W),MAHARASHTRA-421301. BY SRI.T.A.SHAJI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23861 of 2011(G) -------------------------- APPENDIX --- -------- PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CERTIFICATE OF SECONDARY EDUCATION IN THE K.M.AGARWAL JUNIOR COLLEGE OF ARTS,COMMERCE AND SCIENCE, KALYAN. EXT.P2; TRUE COPY OF THE HIGHER SECONDARY EXAMINATION ON FEBRUARY 2011 WITH 60.50 PERCENTAGE MARKS AND HE WAS PLACED IN FIRST CLASS.MATHEMATICS,PHYSICS,CHEMISTRY AND ELECTRONIC WERE THE COMBINATION OF SUBJECTS WHICH HE HAD STUDIED. EXT.P3: TRUE COPY OF THE RELEVANT PORTION OF THE SYLLABUS AS PUBLISHED BY THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF THE CHALLAN NO.152353 DATED 19-08-2011. EXT.P5: TRUE COPY OF THE APPLICATION NO.6198. EXT.P6: TRUE COPY OF THE IST RESPONDENT ENCLOSING THE SECONDARY SCHOOL CERTIFICATE,HIGHER SECONDARY SCHOOL LEAVING CERTIFICATE (TRANSFER CERTIFICATE). EXT.P7: TRUE COPY OF THE MIGRATION CERTIFICATE. EXT.P8: TRUE COPY OF THE LETTER SENT ALONG WITH APPLICATION SENT BY REGISTERED POST TO THE IST RESPONDENT DATED 27-08-2011. EXT.P9: TRUE COPY OF THE RECEIPT EVIDENCING SENDING APPLICATION TO IST RESPONDENT. EXT.P9(A): TRUE COPY OF THE RECEIPT EVIDENCING SENDING APPLICATION TO 2ND RESPONDENT. RESPONDANTS'S EXHIBITS : NIL ---------------------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ================ W.P.(C) NO. 23861 OF 2011 ===================== Dated this the 26th day of September, 2011 J U D G M E N T Petitioner passed Higher Secondary Education Examination held by Maharashtra State Board of Secondary and Higher Secondary Education. The examination was held in February, 2011 and according to the petitioner, he passed the examination with 60.50% marks. According to the petitioner, he aspires to pursue his higher studies in Engineering in Kerala and he submitted an application to the 3rd respondent, who offered him a seat in the NRI quota. It is stated that he was interviewed and states that admission is almost complete. However, he has to produce the eligibility/equivalency certificate from the University for completing the admission process. Therefore, he made Ext.P5 application to the 1st respondent University. It is stated that he also made representation dated 27/8/11 to the 2nd respondent. There was no response from either of them and that led the petitioner to file this writ petition. 2. Standing counsel appearing for the University has obtained instructions in the matter. According to the learned WPC No. 23861/11 :2 : standing counsel, since the qualifying examination passed by the petitioner was from State Board of Secondary and Higher Secondary Education, it is for the 2nd respondent to certify the eligibility of the petitioner and that intimating the same, the University has issued a memo dated 13/9/11 to the petitioner. It is stated that if the petitioner produces the said certificate from the 2nd respondent, University will pass appropriate orders in the matter. 3. Now that such a stand has been taken by the University and as it is for the 2nd respondent to certify the eligibility of the petitioner, necessarily the 2nd respondent should pass orders on the application made by the petitioner vide representation dated 27/8/11, which is stated to have been sent to the 2nd respondent by registered post. In that view, I dispose of this writ petition with the direction to the 2nd respondent to consider the aforesaid application of the petitioner with notice to him and as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. Before orders are passed, notice should be issued to the petitioner so that details of the course undertaken by the petitioner can be made available by WPC No. 23861/11 :3 : him. Once such an order is passed, it will be open to the petitioner to produce the same before the 1st respondent, who shall pass orders on Ext.P5 without any further delay in the matter. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE Rp