Kerala High Court
Apj Abdul Kalam School Of Architecture vs State Of Kerala on 29 April, 2016
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 12TH DAY OF OCTOBER 2017/20TH ASWINA, 1939
WP(C).No. 20705 of 2017 (K)
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PETITIONER(S) :
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APJ ABDUL KALAM SCHOOL OF ARCHITECTURE,
A COLLEGE ESTABLISHED AND ADMINISTERED BY
APJ ABDUL KALAM EDUCATIONAL AND CHARITABLE TRUST,
MEKKADAMBU P.O,KADATHY,
NEAR ST.PETERS & ST.PAULS JACOBITE SYRIAN CHURCH,
MUVATTUPUZHA, KERALA, INDIA 682 316,
REPRESENTED BY ITS CHAIRMAN SRI .T.S.RASHEED.
BY SMT.SUMATHY DANDAPANI (SENIOR ADVOCATE)
ADV. SRI.MILLU DANDAPANI
RESPONDENT(S) :
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1. STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001,
2. COUNCIL OF ARCHITECTURE,
A BODY CORPORATE BY THE GOVERNMENT OF INDIA UNDER
THE PROVISIONS OF THE ARCHITECTS ACT, 1972, HAVING
ITS OFFICE AT INDIAN HABITATS CENTRE, CORE 6 A,
1ST FLOOR, LODHI ROAD, NEW DELHI-110 003,
REPRESENTED BY ITS CHAIRMAN.
3. MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS, KOTTAYAM-686 560,
REPRESENTED BY ITS REGISTRAR.
4. THE VICE CHANCELLOR,
M.G UNIVERSITY,PRIYADARSHINI HILLS, KOTTAYAM 686 560.
R1 BY GOVERNMENT PLEADER SRI. BIMAL.K.NATH
R2 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
BY ADV. SRI.TOJAN J.VATHIKULAM, S.C
R3 & R4 BY ADV. SRI.ASOK M. CHERIAN, S.C
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 12-10-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
WP(C).No. 20705 of 2017 (K)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE LETTER OF APPROVAL BEARING
REFERENCE NO. CA/5/ACADEMIC -KL-39, DATED 29/04/2016.
EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER FOR THE ACADEMIC YEAR 2016-2017.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 17/11/2016 IN
W.P(C).NO. 22528 OF 2016.
EXHIBIT P4 TRUE COPY OF THE LETTER BEARING NO.4424/2/2016/AC AVII
DATED 23/11/2016.
EXHIBIT P5 TRUE COPY OF THE BEARING NO. 4424/2/2016/AC A7
DATED 20/12/2016.
EXHIBIT P6 TRUE COPY OF THE COMPLIANCE REPORT NO. AC/99/2017
DATED 10/01/2017.
EXHIBIT P7 TRUE COPY OF THE ORDER NO. 432/2/17/AC.A.VII
DATED 23/01/2017.
EXHIBIT P8 TRUE COPY OF THE LETTER BEARING NO. AC/101/2017
DATED 07/02/2017.
EXHIBIT P9 TRUE COPY OF THE EXTENSION OF APPROVAL DATED 30/05/2017.
EXHIBIT P10 TRUE COPY OF THE LETTER BEARING NO. AC/111/2017
DATED 26/05/2017.
EXHIBIT P11 TRUE COPY OF THE COVERING LETTER DATED 09/06/2017.
EXHIBIT P12 TRUE COPY OF THE APPLICATION LETTER DATED 09/06/2017.
EXHIBIT P13 TRUE COPY OF THE PAY IN SLIP SHOWING REMITTANCE OF
AFFILIATION FEE RS.26,003/- BEING THE AFFILIATION FEE AND
APPLICATION FEE.
EXHIBIT P14 TRUE COPY OF THE LETTER BEARING
NO. J2/149/2017/H.EDN.DEPT DATED 06/06/2017.
EXHIBIT P15 TRUE COPY OF THE G.O(MS)NO.178/2016/H.EDN. DATED 22/08/2016
EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 21/12/2016 IN
W.P(C).NO. 38360/2016.
EXHIBIT P17 TRUE COPY OF THE LETTER NO. CA/5/ACADEMIC
DATED 17/06/2017
WP(C).No. 20705 of 2017 (K)
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EXHIBIT P18 TRUE COPY OF THE LETTER BEARING NO.CA/5/ACADEMIC-KL 39
DATED 17/06/2017.
RESPONDENT(S)' EXHIBITS :
EXHIBIT R2(A): A TRUE COPY OF ANNEXURE A TO EXHIBIT P1.
EXHIBIT R2(B): A TRUE COPY OF THE INSPECTION REPORT.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
SHAJI P. CHALY, J.
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W.P.(C). No. 20705 OF 2017
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Dated this the 12th day of October, 2017
JUDGMENT
This writ petition is filed by the petitioner college seeking direction to consider Ext.P2 application submitted by the petitioner seeking affiliation in the self finance sector for the period 2017-18. An interim order was passed by this Court on 30.08.2017 directing the University to consider the application submitted by the petitioner. Now, learned Standing Counsel for the University has produced an order, dated 02.09.2017 from where I am satisfied that provisional affiliation is granted to the petitioner College for the academic year 2017-18 with an intake of fourty seats, however, subject to a condition that the college shall provide all facilities in the campus within sixty days. According to learned counsel for the petitioner, since the affiliation is granted on 02.09.2017, no admission could be made to the course, since the academic session has already been started. W.P.(C). No. 20705 of 2017 2 However, an apprehension is voiced by learned counsel for the petitioner that, since no admission was provided for the academic year 2017-18, University may raise any objection when the extension of affiliation is sought for, for the academic year 2018-19.
2. Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the University and perused the documents and the pleadings on record and the order passed by the University, dated 02.09.2017.
3. From the provisional affiliation granted, I find that the petitioner has got infrastructural as well as instructional facilities in order to proceed with the admission. A safety stipulation is also provided by the University directing the petitioner college to ensure all facilities in the campus, within sixty days. Therefore in my considered opinion, even though the petitioner could not provide admission to the students for the academic year 2017-18, if the petitioner complies with all the conditions or stipulations contained in the order, dated 02.09.2017, there are no reasons for the University to W.P.(C). No. 20705 of 2017 3 decline continuation of affiliation for the academic year 2018-19.
4. Therefore, if the petitioner complies with all the conditions, University shall consider the continuation of affiliation for the academic year 2018-19, in accordance with law and non-grant of admission for the academic year 2017-18 may not stand in the way of consideration of the matter on merits.
Writ petition is disposed of accordingly.
SHAJI P. CHALY JUDGE DCS