IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 20411 of 2008(E) ------------------------------------ PETITIONER: ------------------- SREERAJAN.A., 22 YEARS, S/O.A.N.RAJAN AMBATTUMYALIL HOUSE, KOLAZHY PO., TRICHUR. BY ADV. SRI.P.M.MOHAMMED SHIRAZ SMT.G.R.MANJU RESPONDENTS: ----------------------- 1. NATIONAL INSTITUTE OF TECHNOLOGY REP. BY ITS REGISTRAR, NIT CAMPUS POST, CALICUT-673 601. 2. THE CHAIRPERSON-PG ADMISSIONS NATIONAL INSTITUTE OF TECHNOLOGY, NIT CAMPUS POST, CALICUT-673 601. BY SRI. M.K. DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P (C).No.20411 of 2008 ================== Dated this the 8th day of July, 2008. J U D G M E N T The petitioner applied for admission to National Institute of Technology for Computer Engineering Post Graduate Course. The petitioner was called for interview as a sure candidate. But the petitioner received the call letter only on the date of interview. Although, the petitioner on the next day issued fax messages, the same were not considered. The petitioner submits that the petitioner, who is a meritorious student, should not be denied admission for no fault of his. Therefore, the petitioner seeks the following reliefs: “I. Issue a Writ of Mandamus commanding respondents to admit petitioner for M.Tech in Computer Science & Engineering before considering wait-list candidates, if he is otherwise eligible. II. Direct respondents to pay costs of this proceedings to petitioners.” 2. The learned Standing Counsel for the respondents submits that call letters were issued to all candidates by W.P (C).No.20411 of 2008 - 2 - certificate of posting on 10.2.2008, all the candidates other than the petitioner appeared and the admission was completed on the date of interview itself. The classes are scheduled to commence in the 3rd week of July. As such according to the Counsel, since they have done every thing properly nothing can be done to accommodate the petitioner now. 3. The Counsel for the petitioner would submit that since the wait-listed candidates have not been considered yet and it is quite likely that all the admitted candidates may not join the course, in which event the petitioner's case may be directed to be considered before any wait-listed candidate is considered. Since the admission is on the basis of the marks obtained in the qualifying examination and the interview is only a formality for deciding the eligibility of the candidates for admission, no further process is required. Admittedly, the petitioner was a sure candidate. He could not W.P (C).No.20411 of 2008 - 3 - participate in the interview only because he received the call letter late. In the above circumstances, I dispose of this writ petition with a direction to the respondents to consider the case of the petitioner before any wait-listed candidate is considered, if the petitioner is entitled to such admission on the basis of his marks and if any seat falls vacant. Further, in case admission can be given to the petitioner directed as above, the petitioner shall be intimated about the same. S.SIRI JAGAN, JUDGE rhs