IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 14051 of 2010(F) -------------------------- PETITIONER(S): --------------- SIJIN NIVAS, CHEMMARAM, MOOTHALA P.O., PALLICKAL, TRIVANDRUM. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE DIRECTOR, LBS CENTRE FOR SCIENCE AND TECHNOLOGY AND PALAYAM, TRIVANDRUM. 2. THE SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR, TECHNICAL EDUCATION, PADMAVILASAM ROAD, KIZHAKKEKOTTA, THIRUVANANTHAPURAM. ADV. SRI.P.B.SURESH KUMAR SC, LBS CENTRE FOR R1 GOVT. PLEADER SHRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 14051/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE GUIDELINES. P2. COPY OF THE APPLICATION FORM. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 14051 of 2010 ================== Dated this the 15th day of June, 2010 J U D G M E N T The petitioner aspires for admission to third semester B.Tech. course under lateral entry scheme, 2010. The petitioner's application for the same was rejected on the ground that he has not applied for online registration, for which the last date fixed was 24.5.2010. According to the petitioner, as per the prospectus, the last date for receiving filled up application at the LBS Centre was 28.4.2010 and the petitioner presented the filled up application in person on 28.4.2010. But the 1st respondent refused to accept the application form. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i. Issue a writ of mandamus or any other appropriate writ, order or direction to the 1st respondent to accept the application form submitted by the petitioner for admission to III Semester B.Tech course Under Lateral Entry Scheme, 2010. ii. Issue appropriate writ, order or direction to the 1st respondent to issue admit card on behalf of the petitioner on web site and permit the petitioner to participate the examination which will be conducted on 15.05.2010.” 2. On 13.5.2010, this Court passed the following order: “Urgent notice by speed post. The petitioner shall be permitted to appear for the concerned examination scheduled on 15.05.2010 strictly on provisional basis. This will be subject to the further orders to be passed by this Court and this order by itself will not confer any vested right to the petitioner.” w.p.c.14051/10 2 3. Pursuant to the same, the petitioner has written the entrance examination, but his results have been withheld. The petitioner seeks a direction to the respondents to publish the results of the petitioner's entrance examination. 4. The learned Standing Counsel for the 1st respondent would contend that there is no procedure of accepting manual applications and only those who registered themselves through online on or before 24.4.2010 can download the application and submit the same by 28.4.2010. Since the petitioner has not registered online, the petitioner is not entitled to submit the downloaded application on 28.4.2010, is the contention raised. Therefore, according to the 1st respondent, the petitioner has not submitted a valid application and therefore, the petitioner is not entitled to write the entrance examination and consequently, he is not entitled to publication of the results of the examination, which he has written pursuant to the interim order of this Court subject to the result of the writ petition. 5. I have heard both sides. 6. Pursuant to a direction of this Court, the 1st respondent has placed before me a fax copy of the prospectus issued, wherein the relevant clauses regarding submission of applications are clauses 7 and 8, which read thus: “7. Application Forms Application forms and prospectus can be downloaded from the w.p.c.14051/10 3 website, www.lbs.kerala.com or www.lbscentre.org. Application fee is Rs.500/- for general candidates and Rs.250/- for SC/ST candidates, which can be paid by Demand Draft drawn in favour of Director, LBS Centre for Science and Technology, Thiruvananthapuram, payable at Thiruvananthapuram from a Nationalized Bank. ST candidates whose annual income is below Rs.40,000/- are exempted from paying application fee on condition that they produce income certificate for the same. 8.Submission of Application. Application forms duly filled up should reach the Director LBS Centre for Science & Technology, Nandavanam, Payalam, Thiruvananthapuram-695033 by Registered Post/Person. The last date for the receipt of application is as per the schedule given in Annexure B.” Going by the same, the applicants are permitted to submit applications by registered post and by person. The same does not speak of online registration. Of course, Annexure B prescribes the time schedule for submitting applications, in which the last dates for online registration and receipt of the downloaded application are 24.4.2010 and 28.4.2010 respectively. It is not disputed before me that the petitioner has submitted his application on 28.4.2010 in person. That being so, going by the prospectus, the online registration is not even contemplated except in the Annexure. On the body of the prospectus, the mode of submission of the application is by post/person. In view of this ambiguity in the prospectus itself, I do not think that the petitioner can be allowed to suffer. As directed in the body of the application, he has downloaded the application form from the internet and submitted the filled up application in person by the last date viz., 28.4.2010. That should be treated as a valid application in view of the w.p.c.14051/10 4 provisions in the prospectus. Therefore, the petitioner is entitled to succeed in this writ petition. Accordingly, this writ petition is allowed. It is declared that the petitioner has submitted his application validly in time. Therefore, his writing the examination pursuant to the interim order is declared as valid appearance for the entrance examination. Consequently the results of his entrance examination shall be declared forthwith, as if he has written the examination validly. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge