Kerala High Court
T.K.M. Institute Of Management vs University Of Kerala on 22 December, 2015
Author: Ashok Bhushan
Bench: Ashok Bhushan, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY,THE 15TH DAY OF JANUARY 2016/25TH POUSHA, 1937
WA.No. 17 of 2016 ()
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(AGAINST THE ORDER IN WP(C).NO. 38673/2015 DATED 22-12-2015)
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APPELLANT/PETITIONER:
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T.K.M. INSTITUTE OF MANAGEMENT,
MUSALIAR HILLS, KARUVELIL P.O., EZHUKONE,
KOLLAM - 691 505,
REPRESENTED BY THE DIRECTOR.
BY ADV. SRI.GEORGE POONTHOTTAM
RESPONDENT(S)/RESPONDENTS:
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1. UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM- 695 034,
REPRESENTED BY THE REGISTRAR.
2. THE CONTROLLER OF EXAMINATIONS,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM-695 034.
R1 & R2 BY SRI.PAUL JACOB, SC, UNIVERSITY OF KERALA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION
ON 15-01-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
ASHOK BHUSHAN, CJ
&
A.M.SHAFFIQUE, J.
* * * * * * * * * * * * *
W.A.No.17 of 2016
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Dated this the 15th day of January 2016
J U D G M E N T
Ashok Bhushan, CJ Heard learned counsel for the appellant as well as the learned counsel appearing for the University.
2. With the consent of both parties, this writ appeal is being disposed of.
3. This writ appeal has been filed against the interim order dated 22/12/2015 in W.P.C.No.38673/2015 passed by the learned Single Judge. The appellant has filed the writ petition seeking for the following reliefs:
"i) Issue a writ of certiorari calling for the records leading to Ext.P9 and quash the same.
ii) Issue a writ declaring that the decision of the executive committee of the Centre for Global Academics held on 7-10-2015 regarding admission of foreign students and their allotment to self financing colleges is illegal and irrational and therefore bad in law.
Iii) Issue a writ in the nature of mandamus directing the respondents to register the five students who are given admission for the MBA programme W.A.No.17/2016 2 offered by the petitioner institute to be registered for the University examination along with other students who have joined for the said course in the petitioner institution during the academic year 2015-16 ignoring the decision referred to in Ext.P9 and communicated through Ext.P9.
iv) Pass such other order or direction as this Court may deem fit and proper in the interest of justice."
4. The writ petition has been admitted and an interim order has been granted directing status quo enabling the students to sit for the examination. There was also a direction to the petitioner to implead the students concerned as well as the Under Secretary (NB), the Ministry of External Affairs as additional respondents. The writ petitioner is in appeal against the said interim order only to the extent by which it directs the students to be impleaded.
5. The learned counsel for the appellant submits that the students are foreign nationals, who have taken admission on the invitation by the Government of India as per Ext.P3. It is submitted that the Court has already directed the Under Secretary (NB), the Ministry of External Affairs to be impleaded, W.A.No.17/2016 3 who can effectively place the case of the foreign students.
6. Learned counsel for the University submits that the aforesaid students could not have been admitted without prior consent.
7. After having heard the learned counsel for the parties, we are of the view that the learned Single Judge, having already directed for impleadment of Under Secretary (NB), the Ministry of External Affairs, it was not necessary, at this stage, to implead the students. The Court, however, shall be at liberty to direct for impleadment, if such necessity is felt at any further stage.
8. In view of the above, we set aside that part of the interim order by which it directed for impleadment of the students. Rest of the interim order is maintained as itself.
This writ appeal is disposed of as above.
(sd/-)
(ASHOK BHUSHAN, CHIEF JUSTICE)
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
True Copy PA to Judge
jsr/15/01/16