Kerala High Court
Thejus College Of Architecture vs State Of Kerala on 18 May, 2017
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 6TH DAY OF NOVEMBER 2017/15TH KARTHIKA, 1939
WP(C).No. 25412 of 2017 (B)
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PETITIONER(S):
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THEJUS COLLEGE OF ARCHITECTURE
VELLARAKKAD, THRISSUR 680 584
REPRESENTED BY ITS MANAGER, P.I THOMAS, S/O. P.A ISSAC
BY ADV. SRI.DINESH MATHEW J.MURICKEN
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT
(HIGHER EDUCATION)
SECRETARIAT, THIRUVANANTHAPURAM -695 001
2. THE DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KERALA, PADMA VILASAM ROAD,
THIRUVANANTHAPURAM -695 023
3. THE COMMISSIONEER FOR ENTRANCE EXAMINATION
KERALA STATE HOUSE BOARD BUILDING,
SHANTHI NAGAR, THIRUVANANTHAPURAM -695 001
4. THE CALICUT UNIVERSITY
THRISSUR-CALICUT ROAD, THENHIPALAM P.O,
MALAPPURAM DISTRICT, PIN 673 635
REPRESENTED BY ITS REGISTRAR
5. THE SYNDICATE, CALICUT UNIVERSITY, THRISSUR-CALICUT ROAD,
THENHIPALAM P.O,, MALAPPURAM DISTRICT, PIN 673 635
6. COUNCIL OF ARCHITECTURE, INDIA HABITAT CENTRE,
CORE 6A,1ST FLOOR, LODHI ROAD, NEW DELHI 110 003
R1 TO R3 BY GOVERNMENT PLEADER SRI.P.G.PRAMOD
R4 & R4 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
R6 BY SRI.TOJAN J.VATHIKULAM,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06-11-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 25412 of 2017 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE 6TH
RESPONDENT TO THE PETITIONER COLLEGE DATED 18-05-2017
EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO
THE 1ST RESPONDENT DATED 02-06-2016
EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER
COLLEGE BEFORE THE 2ND RESPONDENT DATED 30-05-2017
EXHIBIT P4 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER COLLEGE DATED 13-06-2017
EXHIBIT P5 TRUE COPY OF THE ORDER OF APPROVAL FOR ADDITIONAL INTAKE
ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER COLLEGE
DATED 11-07-2017
EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT FOR UNDERTAKING SWORN BY THE
MANAGER OF THE PETITIONER COLLEGE DATED 08-07-2017
EXHIBIT P7 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND
RESPONDENT DATED 14-07-2017
EXHIBIT P8 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 4TH
RESPONDENT DATED 14-07-2017
EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS ISSUED
BY THE 3RD RESPONDENT DATED 30-01-2017
EXHIBIT P10 TRUE COPY OF THE PRESS NOTE ISSUED BY 3RD RESPONDENT
DATED 17-07-2017
EXHIBIT P11 TRUE COPY OF THE AGREEMENT ENTERED BETWEEN THE 1ST
RESPONDENT AND THE ARCHITECTURE COLLEGE MANAGEMENT
ASSOCIATION DATED 07-06-2017.
EXHIBIT P12 TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPODNENT
DATED 31.05.2017
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
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W.P.(C) No. 25412 of 2017
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Dated this the 6th day of November, 2017
JUDGMENT
Petitioner college of architecture was started in the academic year 2014-2015 with an intake of 40 students for B.Arch, 5 year course, after securing necessary sanction from the 6th respondent, affiliation from the 4th respondent and permission from the second respondent. The petitioner college applied for increased intake of 40 students thus raising the total strength to 80 before the 6th respondent and sought affiliation for the increased seats for the 4th respondent, for the academic year 2017-2018. The 6th respondent after finding that increase of 40 seats is viable, gave Ext.P1 letter of intent. The 4th respondent by Ext.P2 approved the increase of 40 students and communicated the same to the first respondent for concurrence. Later, petitioner has approached the Hon'ble High Court, New Delhi by filing WP(C)No.6850/2016. Pending the above writ petition, the 6th respondent granted sanction to increased intake of 40 seats by Ext.P5 order on 11.7.2017. Ext.P5 sanction was communicated by the petitioner to the 2nd and 4th respondents, by W.P.(C) No. 25412 of 2017 2 Ext.P8. As per Ext.P11 agreement with the first respondent, 50% of the seats of the petitioner college has to be filled from the students allotted by the third respondent. The admission was completed in accordance with the direction of the Apex Court on 15.8.2017, which stood extended up to 31.8.2017, the third respondent has only allotted 20 students, i.e., 50% of the existing strength of the students and had failed to allot students to the 50% of the increased intake of 40 seats. These are the basic facts put forth by the petitioner to secure the following reliefs sought for in the writ petition.
"i. issue writ of mandamus or other appropriate writ or direction to the respondent 1 to 3 to allot students to their share in the 50% of the increased intake of 40 seats for B.Arch course in the petitioner college before 11.8.2017 and if it is not done by respondents 1 to 3 to permit the petitioner to fill the entire increased 40 seats for B.Arch course for the academic year 2017-2018.
ii. issue writ mandamus or other appropriate writ or direction to the 4th and 5th respondents to grant affiliation for increased intake of 40 seats for B.Arch course in the petitioner college without waiting for the approval of the 1st respondent for the year 2017-2018."
W.P.(C) No. 25412 of 2017 3
2. I have heard learned counsel for the petitioner and learned standing counsel for the University.
3. The summary of discussion made above would make it clear that, the admission process for the academic year 2017-2018 is over on 15.8.2017, which was extended by the Apex Court till 31.8.2017. Therefore, there is no doubt with respect to the aspect that the petitioner cannot make admissions for the academic year 2017-2018.
4. Learned standing counsel for the University submitted that, affiliation for the additional intake will be considered by the University so as to have the intake for the academic year, 2018-19.
5. Having regard to the facts and circumstances of the case, there will be a direction to the 4th respondent to consider the application submitted by the petitioner seeking affiliation of the additional intake of students as approved by the 6th respondent, so as to have the additional intake of students for the academic year, 2018-2019, at the earliest possible.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE dlk/6/11/