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Kerala High Court

Ilahia Trust vs Dr.Rajasree M.S on 7 October, 2020

Author: Anil K.Narendran

Bench: Anil K.Narendran

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

   WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942

         Con.Case(C).No.1496 OF 2020 IN WP(C). 18563/2020

   AGAINST THE JUDGMENT IN WP(C) 18563/2020(U) OF HIGH COURT OF
                              KERALA


PETITIONER/PETITIONER IN WP(C):

             ILAHIA TRUST
             REP.BY ITS GENERAL SECRETARY, MARKET P.O.,
             MUVATTUPUZHA-686 673

             BY ADV.SRI KURIAN GEORGE KANNANTHANAM (SR )
                ADV. SRI.P.M.SANEER

RESPONDENT/2ND RESPONDENT IN WP(C):

             DR.RAJASREE M.S
             AGED 55 YEARS
             FATHER'S NAME NOT KNOWN TO THE PETITIONER,
             VICE CHANCELLOR, APJ ABDUL KALAM TECHNOLOGICAL,
             UNIVERSITY, CET CAMPUS, THIRUVANANTHAPURAM-685 016


             BY SRI ELVIN PETER P.J.

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.10.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.1496 OF 2020 IN WP(C). 18563/2020

                                   2




                              JUDGMENT

The petitioner has filed this contempt case alleging non- compliance of the direction contained in Annexure-1 judgment of this Court dated 11.09.2020 in W.P.(C).No.18563 of 2020, whereby that writ petition was disposed of by directing the respondent herein to take an appropriate decision on Ext.P5 application made by the petitioner, insofar as affiliation for the new course in "B.Tech - Artificial Intelligence and Data Sciences"

for the academic year 2020-21 is concerned, in exercise of his powers under sub-section (6) of Section 14 of APJ Abdul Kalam Technological University Act, 2015, taking note of the law laid down by the Division Bench in Jai Bharath College of Management and Engineering Technology v. State of Kerala and others [Judgment dated 08.09.2020 in W.A.No.1073 of 2020 and connected cases], as expeditiously as possible, at any rate on or before 15.09.2020.

2. Along with the contempt case, the petitioner has filed Annexure-C communication bearing U.O.No.1271/2020/KTU dated 15.09.2020 issued by the respondent, who is the Vice Chancellor of the University.

Con.Case(C).No.1496 OF 2020 IN WP(C). 18563/2020 3

3. Today, when this matter is taken up for admission, the learned Standing Counsel for the University, on instructions, would submit that vide letter bearing No.KTU/A/456/2015 dated 28.09.2020, the University has forwarded the affiliation status of new programs/courses granted to 22 colleges, subject to the outcome of Special Leave Petition (C) No.011482/2020 filed before the Apex Court. The name of the petitioner trust, i.e., Ilahia Trust, is also included in that list.

4. The learned Senior Counsel for the petitioner would submit that recording the above submission made by the learned Standing Counsel for the University, this contempt case may be closed.

In such circumstances, this contempt case is closed recording the aforesaid submission made by the learned Standing Counsel for the University.

Sd/-


                                              ANIL K.NARENDRAN

  JV                                               JUDGE

Con.Case(C).No.1496 OF 2020 IN WP(C). 18563/2020 4 APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE JUDGMENT DATED 11.9.2020 OF THIS HON'BLE COURT IN WP(C) NO.18563/2020 ANNEXURE B TRUE COPY OF THE COVERING LETTER DATED 11/9/2020 SUBMITTED BY THE COLLEGE TO THE RESPONDENT.

ANNEXURE C TRUE COPY OF THE COMMUNICATION DATED 15/9/2020 ISSUED BY THE UNIVERSITY.