IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 20672 of 2010(H) -------------------------------------- PETITIONER(S): ------------------------ AKSHAY K.S., S/O.SAJEEVAN K.P., AGED 18 YEARS, KAVUNGAL HOUSE P.O.KARA, KODUNGALLUR, THRISSUR. BY ADV. SRI.P.S.BIJU RESPONDENT(S): ------------------------- 1. COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, REP.BY THE REGISTRAR, CUSAT, THRIKKAKARA CAMPUS, SOUTH KALAMASSERY, PIN-682 022. 2. THE DIRECTOR, INTERNATIONAL RELATIONS & ACADEMIC ADMISSIONS, CUSAT, COCHIN-22. 3. THE DIRECTOR, KUNJALI MARAKKAR SCHOOL OF MARINE ENGINEERING, CUSAT, COCHIN-22. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC, COCHIN UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 20672/2010-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE HSE CERTIFICATE DATED 12/05/2010 ISSUED BY THE SECRETARY, BOARD OF HIGHER SECONDARY EXAMINATIONS, GOVERNMENT OF KERALA. EXT.P2: COPY OF THE ADMIT CARD WITH ROLL NO.18220 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE RESULT OF THE COMMON ADMISSION TEST (CAT, 2010) EVIDENCING THE RANK OF THE PETITIONER. EXT.P4: COPY OF THE NOTIFICATION DATED 04/06/2010 ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, EDAVILANGU. EXT.P6: COPY OF THE GENERAL INSTRUCTIONS ISSUED BY THE RESPONDENTS FOR THE COUNSELING. EXT.P7: COPY OF THE MEDICAL CERTIFICATE DATED 28/06/2010 ISSUED BY THE APPROVED MEDICAL EXAMINER TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 20672 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2010 J U D G M E N T The petitioner appeared in the Common Admission Test conducted by the Cochin University of Science & Technology for admission to the various courses in the University and secured rank No.1230. He got admission to B.Tech (Marine Engineering) course. But for admission to that course production of a medical certificate at the time of counseling was a prescribed condition. At the time of counseling, the petitioner did not produce the medical certificate. Therefore he was denied admission. It is under the said circumstances, the petitioner has filed this writ petition for a direction to the University to give him admission to the B.Tech course. Petitioner now submits that although he is not entitled to be considered for B.Tech (Marine Engineering) course, for want of production of medical certificate, he should have been considered for W.P.(C)No. 20672 of 2010 -2- admission to other courses like Mechanical Engineering or Electronics & Communication which also he had opted for, for which production of medical certificate is not a condition. 2. In view of the claim of the petitioner, I directed the standing counsel for the University to get instructions as to why the petitioner's candidature was not considered for admission to Mechanical and Electronics branches, for which, no medical certificate is necessary. The learned standing counsel today submits that, since the petitioner was given admission to B.Tech Marine Engineering course subject to production of medical certificate, he is not eligible for the admission to his lower options, namely Mechanical Engineering or Electronics and Communications. He would submit that, the petitioner is entitled to be considered for his higher option namely Naval Architecture. In the above circumstances this writ petition is disposed of with a direction to the respondents to consider the petitioner for admission to Naval Architecture W.P.(C)No. 20672 of 2010 -3- in accordance with his rank, in the ongoing counseling process. S. SIRI JAGAN JUDGE shg/