BY AD vs DR.K.P.SATHEESAN (SR.)

ADARSH K.K 2ND SEMESTER STUDENT, CIVIL ENGINEERING DIPLOMA, GOVERNMENT POLYTECHINIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT SALU T. 4TH SEMESTER STUDENT,CIVIL ENGINEERING DIPLOMA, GOVERNMENT POLYTECHINIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT ANOOP M. 4TH SEMESTER STUDENT,CIVIL ENGINEERING DIPLOMA, GOVERNMENT POLYTECHINIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT AKHIL V.D 4TH SEMESTER STUDENT,ELECTRICAL AND ELECTRONICS ENGINEERING DIPLOMA, GOVERNMENT POLYTECHINIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT SREEDEVI K.U. 4TH SEMESTER STUDENT,CIVIL ENGINEERING DIPLOMA, GOVERNMENT POLYTECHINIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT RAJESH P.R. 4TH SEMESTER STUDENT,CIVIL ENGINEERING DIPLOMA, GOVERNMENT POLYTECHINIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT NITHISH KIRAN K. 4TH SEMESTER STUDENT,CIVIL ENGINEERING DIPLOMA, GOVERNMENT POLYTECHINIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT ABHIL SURENDRAN 2ND SEMESTER STUDENT,CIVIL ENGINEERING DIPLOMA, GOVERNMENT POLYTECHINIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT SREERAJ K.R. 2ND SEMESTER STUDENT,CIVIL ENGINEERING DIPLOMA, GOVERNMENT POLYTECHINIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT SREEKALA K.S. 2ND SEMESTER STUDENT,CIVIL ENGINEERING DIPLOMA, GOVERNMENT POLYTECHINIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT DASAN C.V. 6TH SEMESTER STUDENT,ELECTRICAL AND ELECTRONICS ENGINEERING DIPLOMA, GOVERNMENT POLYTECHINIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT SHYLAJA S. 6TH SEMESTER STUDENT,CIVIL ENGINEERING DIPLOMA, GOVERNMENT POLYTECHINIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.ANOOP.V.NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS ERNAKULAM SRI.S.VIBHEESHANAN W.P.(C)No.32170 of 2014 4 RESPONDENTS: 1 2 3 4 STATE OF KERALA REPRESENTED BY THE SECRETARY, SCHEDULE CASTE/SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001. THE DIRECTOR OF TECHNICAL EDUCATION DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM- 695 001. THE DISTRICT DEVELOPMENT OFFICER SCHEDULED CASTE DEVELOPMENT DEPARTMENT, CIVIL STATION, KAKKANAD, ERNAKULAM, KOCHI 682 030. THE PRINCIPAL GOVERNMENT POLYTECHNIC COLLEGE, KALAMASSERY, ERNAKULAM DISTRICT, PIN: 683 104 BY ADV. SRI. ROBIN RAJ M K (SPECIAL GOVERNMENT PLEADER) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.32170 of 2014 5 JUDGMENT Dated this the 08th day of January, 2024 This Writ Petition was filed in the year 2014, seeking the following reliefs; “i) To issue a Writ of Certiorari or such other appropriate writ, order or direction quashing Ext.P2 communication No.E6-18733/14 dated

25.10.2014 issued by the 3rd respondent to the 4th respondent as it is arbitrary, illegal and void; ii) To issue a Writ of Mandamus or order or direction to the 3rd respondent to pay the fees of the petitioners to the 4th respondent on or before 3.12.2014 and continue to pay the same until the petitioners complete their course; iii) To declare that the petitioners are entitled to get the financial concessions declared by the Government of Kerala notwithstanding the fact that the petitioners are undergoing studies in self supporting manner in view of the W.P.(C)No.32170 of 2014 6 declaration made by this Hon’ble Court in Akhil P. Pushkar Vs. State of Kerala 2012(4) KLT 12.”

2. This Court, on 01.12.2014, passed the following interim order; “Admit. Learned Government Pleader takes notice. The fourth respondent shall not deny continuation of the petitioners from course for want of tuition fees. However, the petitioners shall pay the examination fee without prejudice to the right to claim refund from 3rd respondent.”

3. By passage of time, the petitioners have completed their course from the Government Polytechnic.

4. It is the case of the learned Government Pleader that, since the petitioners were enrolled for the evening course, (which presupposes that they are already employed) they were not entitled to any fee concession. W.P.(C)No.32170 of 2014 7 However, since the petitioners have already completed their course, and having regard to the interim order already issued on 01.12.2014, this Writ Petition is closed, without going to the merits of the claim raised by the petitioners and making the interim order absolute. Sd/- GOPINATH P. JUDGE NB/8-1 W.P.(C)No.32170 of 2014 8 APPENDIX OF WP(C) 32170/2014 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO DIPLOMA PROGRAMMES TRUE COPY OF THE LETTER NO.E6-18733/14 DATED 25/10/2014 WRITTEN BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. RESPONDENTS’ EXHIBITS: NIL TRUE COPY P.A. TO JUDGE