IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 18250 of 2010(E) ------------------------------- PETITIONER: -------------- PRANAY KHERA, AGED 26 YEARS, S/O. OF SHRI K.L.KHERA, INDIAN INSTITUTE OF MANAGEMENT, KUNNAMANGALAM, KOZHIKODE, KERALA-673570. BY ADV. SRI.SIVAN MADATHIL RESPONDENT(S): ------------------- 1. INDIAN INSTITUTE OF MANAGEMENT - KOZHIKODE, IIMK CAMPUS P.O., KOZHIKODE, REP. BY ITS CHAIRMAN. 2. THE DIRECTOR, INDIAN INSTITUTE OF MANAGEMENT, KUNNAMANGALAM, KOZHIKODE, KERALA-673570. 3. CHAIRPERSON-PGP, INDIAN INSTITUTE OF MANAGEMENT, KUNNAMANGALAM, KOZHIKODE, KERALA-673570. 4. UNION OF INDIA, SECRETARY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF SECONDARY & HIGHER EDUCATION, SHASTRI BHAWAN, GOVERNMENT OF INDIA, NEW DELHI-110001. ADV. SMT.K.K.RAZIYA, CGC FOR R4 SRI.K.M.JAMALUDHEEN FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).NO.18250/2010 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF OFFER LETTER BY E-MAIL DATED 26.5.2009 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXHIBIT P2: COPY OF TH EXPERIENCE CERTIFICATE FROM THE PETITIONER'S PAST EMPLOYER. EXHIBIT P3: COPY OF INFORMATION GATHERED BY INVOKING THE RIGHT TO INFORMATION ACT DATED 27.4.2007 STATING THE WEIGHTAGE FOR INTERVIEW AS 45%. EXHIBIT P4: COPY OF E-MAIL DATED 26.5.2009 EVIDENCING THE ACCEPTANCE OF FEE OF RS.1,40,000 BY THE 1ST RESPONDENT. EXHIBIT P5: COPY OF ORDER DATED 14.5.10 ISSUED BY THE 3RD RESPNDENT TO THE PETITIONER. EXHIBIT P6: COPY OF INFORMATION DATED 8.2.2008 GATHERED UNDER THE RIGHT TO INFORMATION ACT DETAILING THAT THERE IS NO CRITERIA FOR PASSING OR FAILING ANY STUDENT. EXHIBIT P7: COPY OF LETTER DATED 24.12.2008 BY THE RESPONDENT INSTITUTE TO A FELLOW STUDENT AND IS OBTAINED BY INVOKING RTI ACT. EXHIBIT P8: COPY OF LIST OF STUDENTS FOR 10 YEARS SINCE THE INCEPTION OF THE INSTITUTION DEPICTING CONDITIONAL PROMOTIONS. EXHIBIT P9: COPY OF THE RESULTS OF THE BATCH 2007-2009 DEPICTING SUCH EXPULSION OF THE RESERVED CATEGORY STUDENTS AND THEREBY SHOWING UTTER DISCRIMINATION. EXHIBIT P10: PHOTOCOPY OF THE RESULTS FOR THE BATCH 2006-08 AND 2008-09 OF THE SC/ST STUDENTS AND GENERAL CATEGORY. EXHIBIT P11: PHOTOCOPY OF THE MINUTES OF 76TH PGP COMMITTEE MEETING OF THE 1ST RESPONDENT INSTITUTE. EXHIBIT P12: PHOTOCOPY OF THE MoA OF IIM-KOZHIKODE. EXHIBIT P13: PHOTOCOPY OF THE COST PER STUDENT AND FEE CHARGED PER STUDENT AS TABULATED BY 1ST RESPONDENT. EXHIBIT P14: COPY OF HEARING NOTICE BY THE CENTRAL BOARD OF EXCISE AND CUSTOMS ISSUED TO THE 1ST RESPONDENT. EXHIBIT P15: PHOTOCOPY OF THE ACADEMIC HANDBOOK 2009-11 FOR THE PSOT GRADUATE PROGRAMME IN MANAGEMENT ISSUED BY THE 1ST RESPONDENT. EXHIBIT P16: COPY OF THE APPEAL DATED 18.5.2010 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P17: PHOTOCOPY OF THE ORDER OF THE SUPREME COURT DATED 31.5.2010 IN W.P(C).NO.213/10. EXHIBIT P19: PHOTOCOPY OF THE REPRESENTATION DATED 23.6.2010 BEFORE THE RESPONDENTS 1 & 2. EXHIBIT P20: PHOTOCOPY OF THE ORDER IN W.P(C).NO.12703 OF 2007 DATED 12.6.2007. RESPONDENTS' EXHIBITS: EXHIBIT R1(a): COPY OF THE ORDER DATED 9.6.2010 PASSED IN EXT.P15 APPEAL BY THE RESPNDENTS 1 TO 3. EXHIBIT R1(b): COPY OF ORDER DATED 3.7.2010 PASSED IN THE APPLICATION OF THE PETITIONER BY THE RESPONDENTS 1 TO 3. /TRUE COPY/ PS TO JUDGE P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.P(C).No. 18250 of 2010 ---------------------------------------------- Dated this the 4th day of August, 2011 JUDGMENT When the matter is taken up for consideration today, there is no representation for the petitioner. Learned counsel appearing for the first respondent submits that the Writ Petition has virtually become infructuous, in view of the subsequent turn of events after filing the Writ Petition. The prayers in the Writ Petition are as follows: “a) Issue a Writ of Mandamus or other appropriate Writ, order or directions to the Respondents 1-3 to allow the Petitioner to register and continue the PGP Programme for the 2nd year commencing from 10.06.2010 onwards. b) Call for the records of the case leading to the issuance of Ext.P5 as well as all documents if any which form the basis of evaluation of Petitioner's Performance and quash the same to the extent of arbitrariness and discrimination by the issue of a writ of certiorari or other appropriate writ or order; c) Grant such other orders or reliefs that this Hon'ble Court may deem fit to grant under the circumstances of this case.” 2. When the matter was taken up for consideration before this Court on 23.6.2010, the following interim order was passed: “Counsel for the respondents submits that if the petitioner files an application for permission to re-do the first year, the same would be referred to a committee appointed for that WP(C).18250/10 2 purpose and the committee would take a decision expeditiously. Accordingly, there would be an interim direction as follows:- The petitioner shall file an application seeking permission to re-do the first year. Respondents 1 to 3 shall see that the same is considered and appropriate orders passed within two weeks from the date of receipt of the same.” 3. Learned counsel for the first respondent submits that pursuant to the above interim order, the petitioner filed an application, which was considered by the first respondent and the same was rejected as per order dated 3.7.2010, a copy of which has been produced along with the statement dated 20.7.2010 as Exhibit R1(b), filed by the first respondent. The learned counsel further brought to the notice of this Court that the petitioner, instead of amending the Writ Petition, has chosen to file a fresh Writ Petition as W.P(C).No.23226 of 2010, which is already admitted and interim order has been passed therein. In the above circumstances, this Court finds that nothing is required to be considered in this Writ Petition. The Writ Petition is dismissed accordingly, without prejudice to the petitioner's right to pursue the other Writ Petition. P.R.RAMACHANDRA MENON, JUDGE vgs