IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WA.No. 2803 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.26310/2009 Dated 04/11/2009 .................... APPELLANT/3RD RESPONDENT --------------------------------------------- NANDITA KRISHNA, D/O.R.S.KRISHNANAND, PLRA 24 LOTUS GARDENS, PANIKKARS LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS/PETITIONER & RESPONDENTS 1, 2 & 4 TO 6 ------------------------------------------------------------------------------------- 1. SUJITH JOSEPH PHILIP, S/O.REJI JOSEPH, MULAMOOTTIL, PATTOM EAST, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 4. RAJEEV M., T.C.4/1315/11, 'ROHINI', AMBALA NAGAR, KOWDIAR, THIRUVANANTHAPURAM-6. 5. V.BIJUDEV, KRISHNAVILASOM, VALIYAVILA, THIRUMALA, THIRUVANANTHAPURM-6. 6. MOHANDAS COLLEGE OF ENGINEERING & TECHNOLOGY, NEDUMANGAD, THIRUVANANTHAPURAM, REP. BY ITS PRINCIPAL. R1 BY ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE SRI.P.GOPAL FOR R1 R2 & R3 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R4 & R5 BY ADV.SMT.SREEDEVI KYLASANATH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/01/2010 ALONG WITH WA NO.2765 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.A. Nos.2765 & 2803 of 2009 ------------------------------------------ Dated this the 15th day of January, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. These two writ appeals were linked up along with W.A.No.2750 of 2009 and heard quite in extenso on the merits on 4th January, 2009. Accordingly the following order was issued: “1. These three matters relate to allotment of seats in sports quota following the common entrance examination of 2009. W.A.No.2750/09 relates to allotment of seats in a Medical College while the others relate to allotment of seats for the engineering courses. 2. The crux of the contentions of the parties revolves around an interpretation of clause 5.2.19 of the prospectus. The manner in which the list of sports quota candidates had to be made, including the question as to whether it is one list or whether there should be two lists – one for team events and another for individual events – are the moot issues arising for decision. The further issue would be as to which among the two categories would get priority for preferential allotment among them. Next, the question would be as to whether the W.A. Nos.2765 & 2803 of 2009 2 marks in the entrance examination would be decisive at any point of time. The methodology now adopted is projected by the Commissioner of Examinations as the one that had done in vogue during the previous years. We mention these issues only to state that the questions of law arising for decision would remain open having regard to the nature of the interim order that was granted in the writ petition from which W.A.No.2750/09 arises. 3. During the course of hearing, it turned out that if the appellant in W.A.Nos.2765/09 and 2803/09 viz., Nandita Krishna, is given allotment in any seat that may be available in the Trivandrum Engineering College, that would factually end those two writ appeals. This could also be done by accommodating her in any other Engineering College in Trivandrum since her basic requirement is that she should have sufficient facility for continued practice in Shuttle Badminton. 4. In so far as the appellant in W.A.No.2750/09 is concerned, if she could move from Alappuzha to Trivandrum, that may facilitate her practice of Shuttle Badminton. If there is vacancy still available in Trivandrum Medical College or any other merit quota seat in any Medical College in and around Trivandrum, that could be considered to be alloted to her. Therefore, the 4th respondent in W.A.No.2750/09, viz. Anjali A.R., who belongs to Wayanad and who is now in Trivandrum, will state through her counsel the possibility of her being W.A. Nos.2765 & 2803 of 2009 3 shifted from Trivandrum to Alappuzha without affecting her prospects for carrying on with her practice in weight lifting and without any academic problem arising out of the change of University. If she is prepared for such a change of seat and the allotments having been provisional, this Court could consider issuing directions as may be found necessary. 5. Learned counsel appearing for the 4th respondent will also obtain specific instructions from the Commissioner of Entrance Examinations in the above matter, particularly regarding the availability of vacancies in the different colleges.” 2. Pursuant to that the second respondent has filed an affidavit through the Joint Commissioner for the Entrance Examinations. 3. These writ appeals relate to the allotment of seats in Engineering Colleges. The modality that was suggested is reflected in paragraph 3 of the order dated 4th January, 2010 which is quoted above. 4. The affidavit of the second respondent shows that two seats are vacant in Civil Engineering in the Government Engineering College, Thiruvananthapuram of which one seat is in the All India W.A. Nos.2765 & 2803 of 2009 4 Nominee Quota and the other is a TC issuance vacancy. The fact of the matter remains that these seats remain unfilled even now though the last date for filling up the vacancies and commencing classes is already over by 31st October, 2009. The submission of the learned senior Government Pleader that those vacancies would be filled up by lateral entry diploma holders during the succeeding year would really not stand in the way of any arrangement and accommodation being made now because entitlement to lateral entry would be on the basis of available vacancies. 5. Under such circumstances, we deem it proper that if the appellant in these writ appeals, namely Nandita Krishna is allotted to one among the two aforesaid seats in Civil Engineering in the Government Engineering College at Thiruvananthapuram, she would have sufficient facility to continue practice in shuttle badminton. The affidavit of the second respondent suggests that shuttle badminton is given support in different colleges. But, the undisputed situation is that the facility that would be available to the students in the W.A. Nos.2765 & 2803 of 2009 5 Engineering College at Thiruvananthapuram is not exclusively within the college premises itself. 6. Under such circumstances, these writ appeals are allowed directing that the appellant therein, namely Nandita Krishna, shall be admitted to the Government Engineering College, Thiruvananthapuram for the course in B.Tech., Civil Engineering. The judgment impugned in these writ appeals will stand modified to that extent. Let the necessary action following this judgment come within a period of two weeks from the date of receipt of a copy of this judgment. These writ appeals are ordered accordingly. As a consequence W.A.No.2750 of 2009 will stand listed for consideration separately. S.R.Bannurmath, Chief Justice Thottathil B.Radhakrishnan, Judge vns