IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 28701 of 2008(P) -------------------------- PETITIONER: --------------- SUDHIRKUMAR.C.S., 45 YEARS, S/O.C.N.SUDHAN, C/O.MS.MEENA, B-27, AMRITHA NAGAR COLONY AMBALAMEDU PO., PUTHENCRUZ VIA., TRIPUNITHURA, ERNAKULAM. BY ADV. SRI.K.M.FIROZ RESPONDENTS: -------------------- 1. COCHIN UNIVERSITRY OF SCIENCE AND TECHNOLOGY, KALAMASSERY, REP. BY ITS REGISTRAR 2. SCHOOL OF MANAGEMENT STUDIES COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KALAMASSERY, REP. BY ITS DIRECTOR. 3. THE STATE OF KERALA, REP. BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANNTHAPURAM. ADV. SRI.SURIN GEORGE IYPE,SC,CUSAT,COCHIN U FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.28701 of 2008 -------------------------- Dated this the 29th October, 2008 J U D G M E N T Petitioner participated in the Entrance Test forming part of a selection to the course M.B.A (full time) and M.IB. Course for the year 2008 conducted by the respondents University. Petitioner was not granted admission to the full time M.B.A Course or M.I.B Course. Therefore, he joined the part-time M.B.A Course offered by the University. The seat which was kept apart for O.B.X quota in M.B.A full time course fell vacant. So also the seat set apart for sports quota was also not filled up. Petitioner approached the University by Exhibits P2 and P3 requesting for an admission in M.B.A full time course in respect of the seat which is to be filled up. That was not considered. He has approached this court seeking a suitable direction to the University. 2. A counter affidavit has been filed on behalf of respondents 1 and 2. Apart from pointing out that the petitioner is already prosecuting M.B.A part time course and that classes in the said course have commenced on W.P ( C) No.28701 of 2008 2 30.7.2008, it has been asserted in the counter affidavit is as follows: “It is submitted that normally admissions are closed within one month of the starting of the classes. However, the 2nd respondent had requested the 1st respondent for permission to conduct a second phase of counseling in order to fill up the vacancies. Accordingly a list of 718 candidates was provided by the IRAA which also includes the names of those candidates who were already called for the first round of counseling. Therefore, the petitioner was also called for the second phase of counseling held on 4.9.2008, the petitioner was offered the seat vacant in Ezhava turn for MBA (Travel and Tourism) course which the petitioner declined to accept. Thereafter the petitioner had submitted P2 and P3 representations stating that the vacant seats in MBA which is reserved for OBX or the vacant seat in MIB which is earmarked as additional seat for sports quota be allotted to him, duly be categorizing and de-reserving the said seats. It is submitted that the vacant seats in MBA (Full Time) is in the reserved category for Other Backward Classes. There are other candidates in the OBX category to be called for interview/Group discussion. It is submitted that there are 9 more candidates in the category of OBX whose rank is below 718. Therefore going by the rules of rotation the request of the petitioner cannot be granted. It is submitted that in the case of MIB, the vacant seat is an additional seat created specifically for the sports quota which can be filled only among them. It is submitted that it is more than 2 months since the class were started. The 1st semester examinations are scheduled to commence from 24.11.2008 onwards. If a candidate is admitted W.P ( C) No.28701 of 2008 3 now he will not be able to fulfill the attendance requirements and participation in class test,submission of assignment etc. 3. Admittedly, there is no clause in the prospectus providing for reservation of a seat reserved for any community or any other community to be reverted to the General Merit Quota. In such circumstances, there is obviously no right available to the petitioner to compell the University to fill up the reserved seats in any other manner. I also take note of the fact that petitioner is prosecuting a part time course since 30.7.2008. In the absence of any obligation on the part of the University to necessarily fill up the seat which is made available for reserved community in the absence of any eligible person from that community, I am not in a position to issue a direction to the University. The writ petition is bereft of merit and hence dismissed. (V.GIRI,JUDGE) ma W.P ( C) No.28701 of 2008 4 W.P ( C) No.28701 of 2008 5