IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 23253 of 2009(B) ----------------------------------------- PETITIONER(S): ------------------------ 1. RENI JOHN, D/O.JOHN THOMAS, MALAKKARETH MALAYIL, EDASSERIMALA, ARANMULA P.O., PATHANAMTHITTA. 2. JOHN THOMAS, S/O.LATE M.J.THOMAS, MALAKKARETH MALAYIL, EDASSERIMALA, ARANMULA P.O., PATHANAMTHITTA. BY ADV. MR.V.PHILIP MATHEW RESPONDENT(S): ---------------------------- 1. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. STATE BANK OF TRAVANCORE, KOZHENCHERRY BRANCH, KOZHENCHERRY P.O., REPRESENTED BY ITS MANAGER. 3. TCV-COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY, THRISSUR, REP. BY ITS PRINCIPAL. BY GOVERNMENT PLEADER MR. P.NARAYANAN R2 BY ADV. MR. R.S. KALKURA, SC, SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No.23253 of 2009 -------------------------- Dated this the 21st August,2009 J U D G M E N T Heard learned counsel for the petitioners, learned Senior Government Pleader and learned counsel for the 3rd respondent. 2. First petitioner appeared for the Medical Entrance Examinations 2009. She was allotted to the course-Agricultural Veterinary -Bachelor of Veterinary Science (AV-B.VSc) in the 3rd respondent college, as evidenced by Ext.P3. An amount of Rs.2425/- had to be remitted as fee at any of the notified branches of State Bank of Travancore before the last date notified by the 1st respondent . On the day following the issuance of Ext.P3, the 2nd petitioner went to the 2nd respondent Bank for remitting the fee. Second respondent issued a chalan form and asked him to fill up the details of the course. Apparently, the chalan was issued in a form which alone was available in the Bank. Ext.P4 shows that fee for Rs.2425/- was remitted. But it seems that the remittance was made in another account. First and 3rd respondent W.P ( C) No.23253 of 2009 2 proceeded on the premise that the petitioner has not remitted the fee within the time prescribed. It seems that therefore the allotment to the petitioner was cancelled and hence the writ petition. 3. Learned counsel appearing for the bank submits that an amount of Rs.2425/- was actually remitted by the 2nd petitioner in the 2nd respondent Bank within the time prescribed and the head of account was mistakenly noted. 4. I am of the view that petitioner should not be denied admission, since there are no other factors which militate against the eligibility of the petitioner to be allotted the Veterinary Course. Second petitioner cannot be held responsible for the mistake of a chalan having been filled up showing a head of account different from the applicable head of account. By an interim order passed by this Court, one seat in the 3rd respondent college has been kept vacant as well. 6. Accordingly the writ petition is disposed of in the following directions: W.P ( C) No.23253 of 2009 3 a) Petitioner shall purchase a demand draft for an amount of Rs.2425/- in the name of the Commissioner of Entrance Examinations within one week from today and produced it before the Commissioner of Examinations along with copy of this judgment. The Commissioner shall accept the same as due remittance, in the peculiar facts and circumstances of the case and he shall acknowledge the receipt of the same. b) Petitioner shall then present herself before the 3rd respondent college along with acknowledgment of receipt given by the Commissioner, he shall then be admitted to the Agricultural Veterinary - Bachelor of Veterinary Science (AV-B.VSc) Course by the 3rd respondent. (V.GIRI,JUDGE) ma W.P ( C) No.23253 of 2009 4 W.P ( C) No.23253 of 2009 5