IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 5066 of 2007(C) ------------------------- PETITIONER: -------------- RESHMA M. (MINOR), REPRESENTED BY FATHER VIJAYAKUMAR P.A., 'KAYYAM', PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF ENTRANCE EXAMINATION, THIRUVANANTHAPURAM. 3. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT. 4. THE REGISTRAR, UNIVERSITY OF CALICUT. 5. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT. 6. THE PRINCIPAL, GOVT. ENGINEERING COLLEGE, TRICHUR. R1 & R2 BY GOVERNMENT PLEADER, SMT.SMITHA SUKUMAR. R3 TO R5 BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 5066/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 :TRUE COPY OF THE CERTIFICATE NO.2289760. EXT.P2 : TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS. EXT.P3 : TRUE COPY OF THE RELEVANT PAGE OF SUBSTITUTED MINIMUM STANDARD OF ARCHITECTURAL EDUCATION REGULATION PUBLISHED IN THE INDIAN GAZETTE DATED 26.3.83. EXT.P4 : TRUE COPY OF THE INDIAN GAZETTE DTD.7.1.07. EXT.P5 : TRUE COPY OF THE NOTIFICATION DATED 20.02.06 ISSUED BY THE 2ND RESPONDENT. EXT.P6 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE COUNCIL OF ARCHITECTURE DATED 01.06.06. EXT.P7 : TRUE COPY OF THE MEMO 11.10.06 ISSUED BY 6TH RESPONDENT. EXT.P8 : TRUE COPY OF THE REPRESENTATION DATED 01.11.06. EXT.P9 : TRUE COPY OF THE MEMO DATED 10.11.06. EXT.P10 : TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 6.12.06. EXT.P11 : TRUE COPY OF THE RELEVANT PAGES OF JUDGMENT IN WPC:24906/06 DTD.24.11.06. EXT.P12 : TRUE COPY OF THE NEWSPAPER REPORT DATED 5.2.07. EXT.P13 : TRUE COPY OF THE PRINT OUT OBTAINED FROM THE WEBSITE. EXT.P14 : TRUE COPY OF THE ORDER NO.GA.1/E1/1885/04 DATED CALICUT UNIVERSITY DATED 27.3.07. EXT.P15 : TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF STUDIES IN ARCHITECTURE HELD ON 6.3.07. EXT.P16 : TRUE COPY OF THE RELEVANT PAGES OF THE FINAL AGENDA OF THE ACADEMIC COUNCIL CONVENED ON 5.4.08. EXT.P17 : TRUE COPY OF THE PRINT OUT OBTAINED FROM THE WEBSITE. EXT.P18 : TRUE COPY OF THE REPLY DATED 19.12.08 ALONG WITH COPY OF THE MINUTES. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 5066 OF 2007 ------------------------------------------------- Dated this the 15th day of June, 2009 JUDGMENT The petitioner applied for B.Arch. course pursuant to notification inviting applications for admission by the Commissioner of Entrance Examinations, Thiruvananthapuram, for the year 2006. According to the petitioner, petitioner is fully eligible as per Exts.P3 and P4 Gazette Notifications issued by the Council of Architecture and as per which, the qualification prescribed for admission is 50% marks in the Higher Secondary level with Mathematics and English as subjects of study. Although originally the 2nd respondent had fixed the minimum qualification as pass in Higher Secondary Course with Mathematics, Physics and Chemistry at the Higher Secondary level, before the last date of submission of applications for Entrance Examination the 2nd respondent changed the minimum qualification as 50% marks in Mathematics and English as subjects of study in the Higher Secondary level. However, now the respondents seek to cancel petitioner's admission on the ground that she has not studied Physics and Chemistry at the Higher Secondary level. WPC :5066/07 -:2:- Although respondents 3, 4 and 5 have filed a counter affidavit controverting the contentions of the petitioner, they could not now dispute Ext.P18 order of the University whereby the academic council had approved the action of the Vice Chancellor in implementing the modified academic qualifications for eligibility for admission to B.Arch. course as directed by the Architectural council of India with effect from the academic year 2006-07. That being so, the petitioner is qualified for admission to B.Arch. course for the year 2006. Accordingly the writ petition is allowed and it is declared that the petitioner is fully qualified for admission and to continue the B.Arch. course in the 6th respondent's college and that she is also entitled for registration of her name with the University of Calicut for B.Arch. degree course. As such she should be treated as a regular student for all purposes. The writ petition is allowed as above. S. SIRI JAGAN, JUDGE ttb WPC :5066/07 -:3:-