Kerala High Court
Abhijith A.G vs State Of Kerala on 30 June, 2016
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 20TH DAY OF JANUARY 2017/30TH POUSHA, 1938
WP(C).No. 40711 of 2016 (L)
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PETITIONER(S):
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1. ABHIJITH A.G.,
S/O.ARAVINDAN K.,
A.G.BHAVAN, KORANI, KORANI P.O.,
KIZHUVILAM VIA, TRIVANDRUM, KERALA.
(1ST SEMESTER B.TECH STUDENT, CIVIL ENGINEERING UKF COLLEGE
OF ENGINEERING, PARIPALLY, KOLLAM)
2. ABHIJITH V.B.,
S/O.VIJAYAMOHANAN NAIR,
BIJU SADANAM, NETTETHARA CHADAYAMANGALAM P.O.,
KOLLAM.
(1ST SEMESTER B.TECH STUDENT, ELECTRONICS & COMMUNICATION
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
3. ADARSH MOHANDAS,
S/O.MOHANDAS, MOHAN NIVAS,
NEAR ITI JUNCTION, ATTINGAL.
(1ST SEMESTER B.TECH STUDENT, COMPUTER SCIENCE &
ENGINEERING ENGINEERING UKF COLLEGE OF ENGINEERING,
PARIPALLY, KOLLAM)
4. ADERSH S.,
S/O.SURESH KUMAR, KRISHNA MANDHIRAM,
SITHARA JUNCTION, KOTTIYAM P.O.,
KOLLAM-691571
(1ST SEMESTER B.TECH STUDENT, ELECTRICAL & ELECTRONICS
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
5. ADHITHYA B.S.,
S/O.GANGADHARAN SHAJI,
SREELEKSHMI, CHITTAYAM,
PANAYAM PO, KOLLAM
(1ST SEMESTER B.TECH STUDENT, COMPUTER SCIENCE &
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY,
KOLLAM)
WP(C).No. 40711 of 2016 (L)
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6. AISWARYA R.,
D/O.RAJITH S.R.,
VILAVILAKATHUVEEDU, ELAMPA PO,
ATTINGAL, TOLLMUKKU.
(1ST SEMESTER B.TECH STUDENT, COMPUTER SCIENCE &
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
7. AKHIL RAJ G.A.,
S/O.GANESAN, SINDHU VILASAM,
MG ROAD, ATTINGAL
(1ST SEMESTER B.TECH STUDENT, ELECTRONICS & COMMUNICATION
UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
8. ALFIYA S RAHIM,
D/O.RAHIM E., FAHAD MANZIL,
MANAKATTU VILAKAMKARIYIL,
KAZHAKUTTOM PO, THIRUVANANTHAPURAM.
(1ST SEMESTER B.TECH STUDENT, CIVIL ENGINEERING UKF COLLEGE
OF ENGINEERING, PARIPALLY, KOLLAM)
9. AMAL Y.S.,
S/O.G.YASODHARAN, VIDYA HOUSE,
PANAPPAMKUNNU, MALACKAL PO.
(1ST SEMESTER B.TECH STUDENT, MECHANICAL ENGINEERING UKF
COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
10. AMBADI M.,
S/O.MANIHARAN PILLAI T.,
CHARUVILA PUTHEN VEEDU,
KARAMCODE PO, ULIYANADU, KOLLAM
(1ST SEMESTER B.TECH STUDENT, COMPUTER SCIENCE &
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
11. ANAKHA B KRISHNAN,
D/O.K.KRISHNAKUMAR, PUNARTHAM,
KOLAM PANMANA, CHAVARA PO,
(1ST SEMESTER B.TECH STUDENT, ELECTRONICS & COMMUNICATION
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
12. ANUPAM K PRASAD,
D/O.SIVA PRASAD, AS MANDIRAM,
VAKKANADU, VAKKANADU (PO),
KOLLAM, PIN-691509
(1ST SEMESTER B.TECH STUDENT, MECHANICAL ENGINEERING UKF
COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
13. AROMAL S.S.,
S/O.SAJEEV S., SEEMA MANDIRAM,
KOTTIYAM PO, KOLLAM, PIN-691571
(1ST SEMESTER B.TECH STUDENT, ELECTRICAL & ELECTRONIC
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
WP(C).No. 40711 of 2016 (L)
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14. ARYA SAJAN,
D/O.SAJAN S, ATHIRA BHAVAN,
MADHURAPPA, THADICADU PO,
ANCHAL
(1ST SEMESTER B.TECH STUDENT, COMPUTER SCIENCE ENGINEERING
UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
15. ASARUDEEN A.S.,
S/O.ASHRAF, KUNNUMPURAM VEEDU,
KIZHAKKEPPURAM PO, AYIROOR, VARKALA.
(1ST SEMESTER B.TECH STUDENT, CIVIL ENGINEERING UKF COLLEGE
OF ENGINEERING, PARIPALLY, KOLLAM)
16. AYSHATH SHERIN MALLAM,
S/O.MUHAMMED MALLAM, MALLAM HOUSE,
VALIYAVAZHY, KAITHODE(PO),
NILAMEL, KOLLAM.
(1ST SEMESTER B.TECH STUDENT, COMPUTER SCIENCE ENGINEERING
UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
17. BALU R.S.,
S/O.RAJU S, I B SADANAM, PUNNEKULAM,
BHOOTHAKULAM PO, KOLLAM.
(1ST SEMESTER B.TECH STUDENT, CIVIL ENGINEERING UKF COLLEGE
OF ENGINEERING, PARIPALLY, KOLLAM)
18. BIBIN BABU,
S/O.BABU GEORGE, BINCY BHAVAN,
KOZHIKKODE, KATTADI (PO),
POOYAPPALLY, KOTTARAKKARA.
(1ST SEMESTER B.TECH STUDENT, ELECTRICAL & ELECTRONIC
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
19. BISMI N.,
D/O.NISAMUDEEN A., CHARUVILA VEEDU,
VALAKKADU, ELAMPA PO, PIN-695103
(1ST SEMESTER B.TECH STUDENT, CIVIL ENGINEERING UKF COLLEGE
OF ENGINEERING, PARIPALLY, KOLLAM)
20. GEETHU S NAIR,
D/O.SURESHBABU, BABU MANDHIRAM,
PUNCHIRIMUKKU, YEROOR(PO).
(1ST SEMESTER B.TECH STUDENT, COMPUTER SCIENCE ENGINEERING
UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
21. GOKULKRISHNAN,
S/O.NANDAPPAN NAIR K., GOKULAM,
VARINJAM, KARAMCODE PO,
CHATHANNOOR, KOLLAM
(1ST SEMESTER B.TECH STUDENT, MECHANICAL ENGINEERING UKF
COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
WP(C).No. 40711 of 2016 (L)
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22. HARI B,
S/O.BABURAJ, MAKAYIRAM,
PARAKUNNU PO, NAVAIKULAM,
THIRUVANANTHAPURAM
(1ST SEMESTER B.TECH STUDENT,ELECTRICAL & ELECTRONIC
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
23. JASSAR JABBAR,
S/O.JABBAR, VENGAMOOTTIL HOUSE,
POREDOM PO, CHADAYAMANGALAM,
KOLLAM-691534
(1ST SEMESTER B.TECH STUDENT, COMPUTER SCIENCE ENGINEERING
UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
24. KARTHU U.S.,
D/O.UDAYASINGH, UDAYAM, NEDIYARA PO,
KURUVIKKONAM, ANCHAL.
(1ST SEMESTER B.TECH STUDENT, ELECTRONICS & COMMUNICATION
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
25. KAVYA G KRISHNAN,
D/O.GOPALA KRISHNAN M,
PALAVILLA VEEDU, KARUNILACODE,
VARKALA, EEDAVA PO.
(1ST SEMESTER B.TECH STUDENT, ELECTRONIC &COMMUNICATION
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
26. L SALINI,
D/O.RAMACHANDRAN NAIR G, PALAVILA VEEDU,
KEEZHATTINGAL PO, ATTINGAL-695306,
THIRUVANANTHAPURAM.
(1ST SEMESTER B.TECH STUDENT,ELECTRONIC & COMMUNICATION
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
27. MELVIN SABU GEORGE,
S/O.SABU V GEORGE, VADAKKEVEEDU,
POOYAPPALLY PO, POOYAPPALLY.
(1ST SEMESTER B.TECH STUDENT, CIVIL ENGINEERING UKF COLLEGE
OF ENGINEERING, PARIPALLY, KOLLAM)
28. MOHAMMED AHAD,
S/O.MOHAMMED ABDUL KHADER,
SARA MANZIL, PUNNAMOODU, VARKARLA.
(1ST SEMESTER B.TECH STUDENT, MECHANICAL ENGINEERING UKF
COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
29. P.ACHU PRASAD,
S/O.PRASAD, AMBU NIVAS, EADANADU PO,
CHATHANNOOR, VARINJAM-691579
(1ST SEMESTER B.TECH STUDENT, ELECTRONIC & COMMUNICATION
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
WP(C).No. 40711 of 2016 (L)
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30. POOJA P KUMAR,
D/O.N.PRASANNAKUMARAN PILLAI, SWATHIPOOJA,
KARADIMUKKU, NEDUMGOLAM PO.
(1ST SEMESTER B.TECH STUDENT, COMPUTER SCIENCE ENGINEERING
UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
31. RAGHESH R NAIR,
S/O.RAJAGOPALAN NAIR , VENKOTTU MELETHIL VEEDU,
MARUTHAMONPALLY, POOYAPPALLY PO,
PIN-691537
(1ST SEMESTER B.TECH STUDENT, ELECTRICAL & ELECTRONIC
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
32. REVATHI A,
D/O.K.VIJAYADHARAN NAIR, DEVIVILASOM,
PUTHEN VEEDU, THEKKETHERY PO, PATTAZHI.
(1ST SEMESTER B.TECH STUDENT, ELECTRICAL & ELECTRONICS
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY,
KOLLAM)
33. SARATH KUMAR S,
S/O.SIVAN PILLAI, SIVAPRASADAM,
EEDAKULANGARA PO, KARUNAGAPALLY.
(1ST SEMESTER B.TECH STUDENT, MECHANICAL ENGINEERING UKF
COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
34. SHABEER AHAMED,
S/O.UMER MOHAMED SHERIFF, KHAIRUNIZA BEEGUM,
KOCHU KUNNU, MEENAM KUNNU ROAD, VILLABHAGAM,
VARKALA, NEDUNGANDA PO, VARKALA
(1ST SEMESTER B.TECH STUDENT, CIVIL ENGINEERING UKF COLLEGE
OF ENGINEERING, PARIPALLY, KOLLAM)
35. SHARUK ASLAM,
S/O.P.M.ASLAM, WEST CHEKKALA, EDAVA PO,
VARKALA
(1ST SEMESTER B.TECH STUDENT, MECHANICAL ENGINEERING UKF
COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
36. SILPA P.M,
D/O.MOHANDAS P.S, PUTHANPURA HOUSE,
KINAVALLUR (PO), PARLI, PALAKKAD,
PIN-678612
(1ST SEMESTER B.TECH STUDENT, COMPUTER SCIENCE ENGINEERING
UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
WP(C).No. 40711 of 2016 (L)
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37. SOORAJ S KUMAR,
S/O.SURESH KUMAR, CHARUVILLA VEEDU,
MATHILIL PO, PERINAD, KOLLAM
(1ST SEMESTER B.TECH STUDENT, ELECTRICAL & ELECTRONICS
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
38. SOUMYA R.,
D/O.SUBHASHBABU S., KAIKKARA PUTHENVEEDU,
PLAKKAD, ADHICHANALLOR PO, KOLLAM
(1ST SEMESTER B.TECH STUDENT, ELECTRONIC & COMMUNICATION
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
39. SREEKESH K,
S/O.KRISHNAN POTTY, SAKETHAM,
MADAVOOR, PALLICKAL PO, PIN-695602
(1ST SEMESTER B.TECH STUDENT, ELECTRICAL & ELECTRONIC
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
40. VISHNU R,
S/O.RETNAKARAN P., G.R.SADANAM,
ELAMKULAM, KALLUVATHUKKAL PO.
(1ST SEMESTER B.TECH STUDENT, CIVIL ENGINEERING UKF COLLEGE
OF ENGINEERING, PARIPALLY, KOLLAM)
41. ALAN SABU,
S/O.SABU JOHN, PEACE COTTAGE,
SASTHAMPOIKA, MEEYANNOOR PO,
KOLLAM
(1ST SEMESTER B.TECH STUDENT, MECHANICAL ENGINEERING UKF
COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
42. MIDHUN P.M,
S/O.P.MANMADHAN PILLAI, K M A SADANAM,
PLAVINMOODU, PUTHENKULAM PO.,
PARIPPALLY, KOLLAM.
(1ST SEMESTER B.TECH STUDENT, MECHANICAL ENGINEERING UKF
COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
43. JAYAKRISHNAN V,
S/O.VENUGOPAL, ALUMMOODU,
KURUMANDAL, PARAVOOR PO, KOLLAM
(1ST SEMESTER B.TECH STUDENT, MECHANICAL ENGINEERING UKF
COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
44. SANAL R.,
S/O.RAJAGOPALAN ACHARI K.,
KALLUVETTANKUZHIVEEDU, PALACE ROAD,
ATTINGAL
(1ST SEMESTER B.TECH STUDENT, ELECTRONIC & COMMUNICATION
ENGINEERING UKF COLLEGE OF ENGINEERING, PARIPALLY, KOLLAM)
BY ADVS.SRI.M.K.DAMODARAN (SR.)
SRI.B.MOHANLAL
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY ,
DEPARTMENT OF HIGHER EDUCATION(G) DEPARTMENT,
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN-695001
2. APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
REPRESENTED BY THE REGISTRAR,
APJ ABDUL KALAM TECHNOLOY UNIVERSITY,
CET CAMPUS, THIRUVANANTHAPURAM-695016
3. THE DIRECTOR (ACADEMICS),
APJ ABDUL KALAM TECHNOLOY UNIVERSITY,
CET CAMPUS, THIRUVANANTHAPURAM-695016
4. THE CONTROLLER OF EXAMINATIONS,
APJ ABDUL KALAM TECHNOLOY UNIVERSITY,
CET CAMPUS, THIRUVANANTHAPURAM-695016
5. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE),
REPRESENTED BY REGIONAL OFFICER & ASSISTANT DIRECTOR, SOUTH
REGIONAL OFFICER(SRO),
SHASTRI BHAWAN, 26, HADDOWS ROAD,
CHENNAI-600006
6. THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL
COLLEGES IN KERALA,
REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
TC 15/1553-4, PRASANTHI BUILDING,
M.P.APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN-695014
7. THE UKF COLLEGED OF ENGINEERING AND TECHNOLOGY,
PARIPALLY, KOLLAM-691302,
REPRESENTED BY ITS DIRECTOR
8. THE PRINCIPAL,
THE UKF COLLEGED OF ENGINEERING AND TECHNOLOGY,
PARIPALLY, KOLLAM-691302,
REPRESENTED BY ITS DIRECTOR
R1 BY GOVERNMENT PLEADER SRI. T. RAJASEKHARAN NAIR
R2-R4 & R5 BY ADV. SRI.S.KRISHNAMOORTHY, SC,
R6 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMI
R7 AND R8 BY SRI.C.R.SIVAKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-12-16,
THE COURT ON 20-01-2017 DELIVERED THE FOLLOWING:
WP(C).No. 40711 of 2016 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 THE TRUE COPY OF ABOVE GOVERNMENT ORDER DATED 30.6.2016
EXHIBIT P2 THE TRUE COPY OF THE LIST OF STUDENTS TO APPEAR FOR THE
1ST SEMESTER B.TECH EXAMINATION OF THE 7TH RESPONDENT
COLLEGE.
EXHIBIT P3 THE TRUE COPY OF THE HALL TICKET ISSUED TO THE 1ST
PETITIONER THROUGH REGISTER NO.UKP16CE001 BY THE 4TH
RESPONDENT
EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 2.12.2016
EXHIBIT P5 THE TRUE COPY OF THE ABOVE ORDER OF 2ND RESPONDENT DATED
10.12.2016
EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 5.12.2016 ISSUED BY THE
3RD RESPONDENT
EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED 7.12.2016 ISSUED BY THE
3RD RESPONDENT
EXHIBIT P8 THE TRUE COPY OF THE RELEVANT PART OF HANDBOOK OF THE
5TH RESPONDENT FOR THE ACADEMIC YEAR 2016-17
RESPONDENT(S)' EXHIBITS
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/TRUE COPY/
P.A. TO JUDGE
P.R. RAMACHANDRA MENON & P.SOMARAJAN, JJ.
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W.P.(C) No. 40711 of 2016
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Dated, this the 20th day of January, 2017
JUDGMENT
Ramachandra Menon, J.
The students who got admission to the first semester B.Tech course in various engineering disciplines in the 7th respondent Educational Institution under the NRI quota, despite the fact that no approval of the AICTE [5th respondent] was obtained by the Educational Institution for effecting such admissions, are the petitioners in this writ petition. Challenge is against Ext. P4 order passed by the Admission Supervisory Committee ['ASC' in short] rejecting approval for the admission and the subsequent orders passed by the Technological University [2nd respondent] by way of Exts. P5 and P6 to the effect that the students concerned shall not be permitted to participate in the examinations.
2. Heard Sri. M. K. Damodaran, the learned counsel for the petitioners; the learned Senior Government Pleader appearing for the first respondent; Sri. S. Krishnamoorthy - the learned Standing Counsel for the Technological University as well as for the AICTE [5th respondent]; Smt. Mary Benjamin - the learned Standing Counsel appearing for the Admission Supervisory W.P.(C) No. 40711 of 2016 : 2 : Committee [6th respondent] and Sri. C.R. Sivakumar, the learned counsel appearing for the respondents 7 and 8.
3. Challenge is mainly on the ground that Ext. P4 order has been passed solely by the Chairman of the Admission Supervisory Committee and not by the 'Committee' as such. According to the petitioners, the Chairman alone cannot taken any such decision and hence that Ext. P4 is per se wrong and unsustainable.
4. The other contention is that, admission has been effected in the 'NRI' quota, strictly based on Ext. P1 Government Order dated 30.06.2016; which clearly enables the Institution to admit students in the NRI quota to an extent of 15%. It is stated that the petitioners are pursuing the studies accordingly and have been issued Hall Tickets by the University, to appear for the examinations. But the proceedings came to be a stand still, because of Ext. P4 order issued by the ASC rejecting the approval and the orders passed by the University with reference to the orders passed by the Admission Supervisory Committee. If at all there is any violation of the AICTE norms, it is for the AICTE to take appropriate action and not for the Committee. It is accordingly, that interference is called for to set aside the W.P.(C) No. 40711 of 2016 : 3 : impugned orders and permit the petitioners/students to pursue their study.
5. Admittedly, the petitioners have not cleared the entrance examination and as such, they do not come under the 'Merit quota' or the 'Management quota'. They got a passport without clearing the entrance examination, it being in the 'NRI' quota; subject to the minimum eligibility requirement prescribed by the AICTE [45% and above] in the 'plus two' level. But by virtue of the specific stipulation under paragraph 14.1 of Ext. P8 Approval Process Hand Book issued by the AICTE, read with other relevant provisions, which are of statutory in character, it is for the Educational Institution to make application for permission to admit students under the 'NRI' quota [stipulated by AICTE as 5% of the sanctioned intake] and that necessary fee has to be satisfied in this regard for conducting inspection and clearance, subject to the condition that there shall be "zero deficiency" as per the report generated. As a matter of fact, no application in this regard was ever submitted by the respondent Educational Institution and no fee was remitted for the year 2016 - '17.
7. The 7th/8th respondent Educational Institution had already W.P.(C) No. 40711 of 2016 : 4 : approached this Court by filing W.P.(C) No. 39826 of 2016, challenging Ext. P4 order passed by Admission Supervisory Committee on 02.12.2016, with similar contentions [except as to the constitution of the Committee]. The said matter was considered along with W.P.(C) No. 39134 of 2016; preferred by the aggrieved students of another similar Institution. The factual and legal position were dealt with elaborately and a judgment was rendered by us on 12.01.2017, declining interference and dismissing writ petitions as devoid of any merit. The said finding and reasoning would govern the petitioners as well, in relation to the issue on lack of approval of AICTE to make NRI admissions.
7. Coming to the other question regarding the challenge for want of approval of proper quorum of the 'Committee' [at least by single majority], the absence of any provision in the Statute stipulating the quorum, the effect of various rulings rendered by the Apex Court in this regard and the distinct stature of the Statute [Act 19 of 2006] conferring blanket power upon the Committee to regulate its own procedure for transaction of its business as per Section 4 (2), read with Section 5 (3) of Act, were considered in detail and we have rendered a judgment on 17.01.2017 in W.P(C) W.P.(C) No. 40711 of 2016 : 5 : No. 40092 of 2016 repelling similar contentions and upholding the proceedings of the Committee.
8. With regard to the proceedings issued by the University, it is to be noted that if any violation of the relevant provision is made and admission is given to undeserving candidate, it is open for the Committee to make recommendations to the Government for imposing fine or such other orders as dealt with under the 'first limb' of Section 4 (7) of Act 19 of 2006. Similarly, it is open for the Admission Supervisory Committee to make similar recommendation to the University and such other authorities as well for appropriate action in terms of sub Section 8 of Section 4 of the Act. Distinctively, if the Committee arrives at a finding that the admissions have been effected de-hors the merit, power is vested with the Committee under the 'second limb' of sub Section 7 of Section 4 to declare that admission as invalid. This being the position, since the Committee has found in the scrutiny, that admission of NRI students was made in the Educational Institution de-hors the merit for not clearing the Common Entrance Test and without getting approval of the AICTE (which factual position stands un-rebutted) and further since the University who has W.P.(C) No. 40711 of 2016 : 6 : granted affiliation to the Educational Institution had alerted them as to the necessity to adhere to the norms/rules/regulations of the AICTE and also the orders issued by the Government from time to time, the decision taken by the University not to permit the students to appear for the examination, is by virtue of the duty cast upon them in terms of the 'second limb' of sub Section 7 of Section 4 of the Act 19 of 2006. The issue has been dealt with by this Court elaborately as per the verdict dated 17.01.2017 in W.P. (C) No. 40092 of 2016 and the position stands answered against the persons like the petitioners.
There is no merit in the writ petition. Interference is declined and the writ petition is dismissed, in terms of the above verdicts.
sd/-
P. R. RAMACHANDRA MENON, JUDGE sd/-
P.SOMARAJAN,
JUDGE
kmd /True copy/
P.A. to Judge