IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 27397 of 2009(T) -------------------------------------- PETITIONER: ------------------- NEETHU PADAYATTIL, D/O.P.K.RATNAM, PADAYATTIL HOUSE, PERUMANAM COTTAGE ROAD, S.NALUVAZHI, ERNAKULAM. BY ADVS. MR.K.K.M.SHERIF, MR.LAL K.JOSEPH, MR.A.A.ZIYAD RAHMAN, MR.P.H.SAVAN KUMAR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. THEJUS ENGINEERING COLLEGE, P.O.VELLARKKAD, ERUMAPETTY, THRISSUR-689 584. R1 & R2 BY GOVT. PLEADER MR. I.V. PRAMOD, R3 BY ADV. MR.C.A.CHACKO. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27397/2009-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MARKLISTS PUBLISHED BY THE BOARD OF HIGHER SECONDARY EXAMINATION. EXT.P.2: COPY OF THE PRINT OUT TAKEN FROM THE OFFICIAL WEB SITE OF THE R.2. EXT.P.3: COPY OF THE ALLOTMENT MEMO DT.D 04/08/2009. EXT.P.4: COPY OF THE RECEIPT DTD. 10/08/09. EXT.P.5: COPY OF THE NEWS PUBLISHED IN MATHRUBHOOMI DAILY DTD. 04/08/09. EXT.P.6: COPY OF THE TRANSFER CERTIFICATE DTD. 10/09/09. EXT.P.7: COPY OF THE REPRESENTATION DTD. 14/09/09. EXT.P.8: COPY OF THE REPRESENTATION DTD. 15/09/09. EXT.P.8.A: COPY OF THE POSTAL RECEIPT FOR SENDING EXT.P.8. EXT.P.9: COPY OF THE COMMUNICATION DTD. 26/10/2009 ISSUED BY THE R.3. TO THE R.2. EXT.P.10: COPY OF THE COMMUNICATION DTD. 01/12/2009. EXT.P.10.A: COPY OF THE CHEQUE FOR RS.1000/- DTD. 28/11/2009. EXT.P.11: COPY OF THE NOTIFICATION DTD. 25/07/2009 PUBLISHED IN THE OFFICIAL WEBSITE OF THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.27397 of 2009-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of February, 2010. Judgment Read the orders dated 7.10.2009 and 22.10.2009. The petitioner was admitted to the third respondent college against a Government seat following the aforesaid interim orders. As of now, the only issue is as to whether she is entitled to continue eduction by paying fee that is due from a SC candidate. Being one belonging to that category of society, the mere fact that she has been admitted otherwise cannot affect her right to undergo education by paying the reduced rate of fee when the Government does not have a case that she is disentitled from claiming such benefit. Not only that, the availability of seats earmarked for Scheduled Castes among the Government quota seats in the third respondent WPC27397/09 -: 2 :- college could also be ascertained to make appropriate adjustments. Under such circumstances and having regard to the totality of the facts and circumstances, it is ordered that the petitioner would be permitted to continue for the B.Tech degree course in Civil Engineering and will be treated as eligible for fee concession as is available to SC students. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0602