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High Court of KeralaWP(C)/25427/2012disposed of

Abdul Rahiman Vattacary v. The Controller Of Entrance Examination

2015-03-20Honourable Mr. Justice A.V.Ramakrishna Pillai5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 25427 of 2012 (C) ---------------------------- PETITIONER(S):

-------------- ABDOU RAHIMANE VATTACARY, AGED 65 YEARS, SON OF T.C. ABOUPOCKER, 45/4 TWINKLE QUARTERS, COURT ROAD, TELLICHERY - 670 101. BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH.

RESPONDENT(S):

--------------- 1.

THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

2. THE PRINCIPAL GOVERNMENT LAW COLLEGE, VELLIMADUKUNNU, MARIKKUNNU, KOZHIKODE - 673 012. 3.

UNIVERSITY OF CALICUT, REPRESENTED BY REGISTRAR, MALAPPURAM, CALICUT UNIVERSITY P.O., KOZHIKODE - 673 635. BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL & BY SRI.SANTHOSH MATHEW, SC, CALICUT UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 25427 of 2012 (C) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ EXT. P1:

TRUE PHOTOSTAT COPY OF THE ALLOTMENT MEMO ALONG WITH THE ENDORSEMENT, DATED 29/09/2012.

EXT. P2:

TRUE PHOTOSTAT COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT, DATED 04/10/2012. EXT. P3:

TRUE PHOTOSTAT COPY OF THE COMMUNICATION FROM THE CITY COLLEGE OF COMMERCE AND BUSINESS ADMINISTRATION AT CALCUTTA, SIGNED ON 17/10/2012.

EXT. P4:

TRUE PHOTOSTAT COPY OF THE COLLEGE LEAVING CERTIFICATE ISSUED BY THE CITY COLLEGE OF COMMERCE AND BUSINESS ADMINISTRATION AT CALCUTTA SIGNED ON 16/10/2012. RESPONDENT(S)' EXHIBITS :

------------------------ NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- -------------------------------------------------- Dated this the 20th day of March, 2015

J U D G M E N T

Aggrieved by the denial of admission to the LLB Course for non-production of Transfer Certificate, the petitioner has approached this Court.

2.

The petitioner is the 13th rank holder in the LLB Entrance Examination. He was allotted a seat in the Government Law College, Kozhikode, as per Ext.P1 allotment memo. When he approached the 2nd respondent for joining the LLB Course, he was asked to produce the Transfer Certificate (TC) and the Conduct Certificate from the college, where he completed his degree and also the eligibility certificate. The petitioner approached the City College of Commerce and Business Administration at Calcutta, where he had studied in the year 1970-71 and from where the degree was conferred. He was issued with Ext.P3 communication stating that there is no

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provision for issuing Transfer Certificate to those, who had completed degree and collected their degree certificates. They issued a College Leaving Certificate to the petitioner along with Ext.P3, which is marked as Ext.P4. According to the petitioner, Ext.P4 is equivalent to Transfer Certificate. Therefore, the petitioner approached this Court for a direction to the 2nd respondent to admit the petitioner to the three year LLB Course-2012 as per Ext.P1 memo.

3.

This Court, by interim order dated 12.11.2012, ordered that if all the other conditions are satisfied, the petitioner would be granted admission provisionally pursuant to Ext.P1 memo. It was made clear that the same would be subject to further orders to be passed in the writ petition.

4.

Accordingly, the petitioner was admitted and he has completed the LLB Course. It is practically impossible for the petitioner to obtain the Transfer Certificate at this point of time. Therefore, this Court is

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of the view that the writ petition can be disposed of making the interim order already granted by this Court absolute.

Therefore, the writ petition is disposed of making the interim order passed by this Court absolute, making it clear that the College Leaving Certificate issued to the petitioner shall be reckoned as Transfer Certificate. It is hereby made clear that this relief shall be confined to the petitioner only and it shall not be pointed out as a procedure to dilute the norms of admission prescribed. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-