IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 21490 of 2011(I) -------------------------- PETITIONER(S): --------------- ELDHO MILAN THOMAS, AGED 19 YEARS, S/O.T.S.THOMAS, THAIPARAMBIL HOUSE, EDAPPALLY NORTH, AIMS HOSPITAL P.O., PONNEKKARA, KOCHI-41. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S): --------------- 1. SCHOOL OF INDIAN LEGAL THOUGHT BY MAHATMA GANDHI UNIVERSITY, SOORYA KALADY HILLS, S.H.MOUNT P.O., NATTUSSERY, KOTTAYAM-686 006, KERALA (REPRESENTED BY ITS DIRECTOR). 2. MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS, ATHIRAMBUZHA, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 3. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, ATYHIRAMBUZHA, KOTTAYAM. 4. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SRI.T.A.SHAJI - SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21490 of 2011(I) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE ADMISSION BROCHURE 2011-12 OF THE 2ND RESPONDENT EXT.P2: COPY OF THE PROVISIONAL SELECT LIST FOR ADMISSION TO BBA, LLB(HONORS) (5 YEAR COURSE) 2011 OF THE 1ST RESPONDENT. EXT.P3: COPY OF THE PROSPECTUS FOR ADMISSION TO GOVERNMENT LAW COLLEGES OF KERALA. EXT.P4: COPY OF THE PERCENTAGE OF COMMUNAL RESERVATION PUBLISHED IN THE WEBSITE OF THE COCHIN UNIVERSITY SCIENCE AND TECHNOLOGY. EXT.P5: COPY OF THE RELEVANT PORTION OF THE PROSPECTUS OF THE 2ND RESPONDENT SHOWING THE RESERVATION. EXT.P6: COPY OF THE G.O(MS) 97/2007 DTD.9.7.2007 ISSUED BY THE GOVERNMENT. EXT.P7: COPY OF THE RELEVANT PAGES OF THE PROSPECTUS OF NUALS RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 21490 OF 2011 ----------------------------------------------------- Dated this the 20th day of September, 2011 J U D G M E N T Petitioner is an applicant for admission to BBA LLB (Hons), a five year course conducted by the first respondent, directly run by the 2nd respondent University. There are 30 seats. Petitioner submits that Latin Catholics like him, are entitled to the benefit of reservation at the rate of 2% which is the rate of reservation provided in the matter of admission to professional courses. 2. On the other hand the University has provided reservation at 1%, which is the percentage applicable to undergraduate courses. It is his case that if 2% reservation as applicable to the professional courses is implemented, Latin Catholics will be entitled to 0.6 seats which will be rounded to 1 and that he will be admitted to that seat. It is with this contention the writ petition has been filed seeking the following directions: W.P.(C) No. 21490 OF 2011 :2 : “i) Issue a writ of mandamus or any other writ, direction or order directing respondents 1 to 3 to admit the petitioner in the BBA LL.B(Honrs) 5 year course of the 1st respondent for the year 2011 applying the mandatory community reservation of Backward classes for Latin Catholic Community. ii) Issue a writ of mandamus or any other writ, direction or order, directing the respondent 1 to 3 to provide 2% reservation to the Latin Catholic Community for admission to BBA LL.B(Honrs) 5 year course of the 1st respondent for the year 2011.” 3. I have heard the learned Standing Counsel appearing for the respondents. According to the respondents, the principles of reservation applied by the University in the matter of admission to BBA LL.B(Hons) is at 1% which is the percentage of reservation as applicable W.P.(C) No. 21490 OF 2011 :3 : to undergraduate courses. It is stated that therefore the petitioner could not succeed in getting admission to the course in question. 4. The fact that BBA LL.B(Honrs) is a professional course, cannot be a matter of dispute. It is also submitted that BBA LL.B(Hons) has been notified by the Government also as a professional course. In such a situation there was no justification for the respondent, University to have treated BBA LL.B(Hons) as an undergraduate course. If that be so, the rate of reservation applied should also have been on a par with other professional courses, namely 2%. In that view of the matter the claim of the petitioner deserves to be upheld. 5. I therefore dispose of the writ petition directing that the University shall consider the application made by the petitioner for admission to the BBA LL.B(Hons) in the first respondent College applying 2% reservation for Latin W.P.(C) No. 21490 OF 2011 :4 : Catholic community which is at a par with the reservation available to the professional courses of the University. Such orders shall be passed as expeditiously as possible at any rate within three weeks from the date of receipt of a copy of this judgment. ANTONY DOMINIC, JUDGE ul/-