Kerala High Court
Association Of Management ... vs State Of Kerala on 11 May, 2015
Author: Anil K. Narendran
Bench: P.R.Ramachandra Menon, Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 9TH DAY OF AUGUST 2016/18TH SRAVANA, 1938
WP(C).No. 25866 of 2016 (G)
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PETITIONER(S):
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ASSOCIATION OF MANAGEMENT INSTITUTIONS IN CALICUT
UNIVERSITY,
REGD. OFFICE, HOLY GRACE ACADEMY OF
MANAGEMENT STUDIES, MALA,
KURUVILLASSERY PO., 680735
THRISSUR DISTRICT REP.
BY IT'S SECRETARY,
DR. THOMAS GEORGE.K
BY ADVS.SRI.C.A.MAJEED
SRI.K.H.ASIF
SMT.MOLTY MAJEED
SRI.K.J.SHARATH KUMAR
RESPONDENT(S):
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1. STATE OF KERALA
REP. BY PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM-695001
2. ADMISSION SUPERVISORY COMMITTEE & FEE REGULATORY
COMMITTEE FOR PROFESSIONAL COLLEGES OF KERALA,
REP. BY ITS CHAIRMAN, TC 15/1553-4,
PRASANTHI BUILDINGS,
M.P.APPAN ROAD,
VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014
3. UNIVERSITY OF CALICUT
REP. BY THE REGISTRAR,
THENHIPALAM, CALICUT 673635
R1 BY GOVERNMENT PLEADER SRI. T. RAJASEKHARAN NAIR
R2 BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE
R3 BY SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09-08-2016, ALONG WITH W.P.(C) NO. 26453/16 THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No. 25866 of 2016 (G)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: A PHOTOCOPY OF THE DIRECTIVES ISSUED BY THE 2ND
RESPONDENT DATED 11/05/2015
EXHIBIT P2: A PHOTOCOPY OF THE DECISION OF THE 2ND RESPONDENT DATED
21/05/2016
EXHIBIT P3: A PHOTOCOPY OF THE ORDER DATED 24/11/2015 OF THE 2ND
RESPONDENT
EXHIBIT P4: A PHOTOCOPY OF THE ORDER DATED 07/06/2016 OF THE 2ND
RESPONDENT.
EXHIBIT P5: A PHOTOCOPY OF THE REPRESENTATION OF THE PETITIONER
DATED 16/06/2016
EXHIBIT P6: A PHOTOCOPY OF THE REPRESENTATION OF THE PETITIONER
DATED 16/06/2016
EXHIBIT P7: A PHOTOCOPY OF THE RELEVANT PORTION OF THE MATHRUBHUMI
DAILY DATED 25/07/2016
RESPONDENT(S)' EXHIBITS : NIL
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/TRUE COPY/
P.A. To Judge
P.R. RAMACHANDRA MENON & ANIL K. NARENDRAN, JJ.
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W.P.(C) Nos. 25866 and 26453 of 2016
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Dated, this the 9th day of August, 2016
JUDGMENT
Anil K. Narendran, J.
W.P.(C) No.25866 of 2016 is filed by an association of self- financing management institutions offering MBA course under the Calicut University, the 3rd respondent herein, and W.P.(C) No.26453 of 2016 is filed by one member college of that association, offering MBA course in its institution, namely, Talent Institute of Management Studies, seeking a writ of mandamus commanding the Admission Supervisory Committee for Professional Courses, the 2nd respondent herein, to allow the petitioners to consider September 2016 MAT Score for admission to MBA course for the academic year 2016-17 as requested in Ext.P6/P8 representation and seeking a writ of mandamus commanding the 2nd respondent to postpone the commencement of MBA classes for the academic year 2016-17 until the completion of admission process as above.
2. We heard the learned counsel for the petitioners, the learned Senior Government Pleader for the 1st respondent State, the learned Standing Counsel for the 2nd respondent Committee and also the learned Standing Counsel for the 3rd respondent University. W.P.(C) Nos. 25866 and 26453 of 2016 : 2 :
3. Since the issues raised are common, we propose to deal with these Writ Petitions by a common judgment. The parties and exhibits are hereinafter referred to as they appear in W.P.(C)No.25866 of 2016.
4. Going by the averments in the writ petitions, the grievance of the petitioners are that, even after the admission process undertaken for admission to MBA course for the academic year 2016- 17, based on the National level entrance examinations like Common Admission Test (CAT) conducted by the Indian Institutes of Management (IIM), Common Management Admission Test (CMAT) conducted by the All India Council for Technical Education (AICTE) and also Kerala Management Aptitude Test (KMAT Kerala) conducted by the Universities in Kerala under the supervision of the 2nd respondent Committee, the management institutions in Kerala are not getting the required number of students. Till the academic year 2015-16, the Association of Self-financing Management Institutions in Kerala (ASMIK) had been conducting a separate Management Aptitude Test, namely, 'ASMIK MAT'. However, the 2nd respondent Committee, while issuing directives vide Ext.P1 proceedings dated 11.5.2015, for the conduct of MBA course in the self-financing institutions in Kerala, have W.P.(C) Nos. 25866 and 26453 of 2016 : 3 : insisted that from the academic year 2015-16 the students seeking admission to MBA course should have a positive score in any one of the following tests; 'CAT' by IIM, 'MAT' by AIMA and 'CMAT' by AICTE. Feeling aggrieved by the above directive, which in effect prevents the Association of Self-financing Management Institutes in Kerala from conducting 'ASMIK MAT', the said association submitted a representation dated 18.5.2015 before the 2nd respondent Committee, requesting to postpone the implementation of Ext.P1 to the academic year 2016-17. The said request was turned down by Ext.P2 proceedings of the 2nd respondent Committee dated 21.5.2015 and the managements were directed to implement the said directive in Ext.P1 proceedings in the academic year 2015-16 itself.
5. Based on the directives of the 2nd respondent Committee Kerala Management Aptitude Test (KMAT) was conducted by the Calicut University, for admission to MBA course for the academic year 2015-16. Since the State of Karnataka is conducting an entrance test by name 'KMAT India', it was decided in Ext.P3 proceedings of the 2nd respondent Committee to change the name of the entrance test conducted in Kerala as 'KMAT Kerala'. It was also decided that KMAT Kerala for the year 2016 shall be held on 31.1.2016. After group W.P.(C) Nos. 25866 and 26453 of 2016 : 4 : discussions and interview as per the University regulations, the closing date of admission shall be 31.5.2016. The task of conducting KMAT Kerala for the year 2016 was entrusted to Kannur University. It was also decided in Ext.P3 that, the Universities should publish the result of the degree course in time so as to enable the candidates to apply and appear for KMAT Kerala. In case of delay in the declaration of result, the candidates should be allowed to appear for the test and join the MBA course and such candidates should produce their degree certificate before registration of their name with the concerned University. By Ext.P3, the directives contained in Ext.P1 was modified to the above extent.
6. The 1st KMAT Kerala entrance test was conducted by Kannur University, under the supervision of the 2nd respondent Committee, on 3.4.2016 and the result of the same was published on 13.4.2016. According to the petitioners, since there was delay on the part of the Universities in Kerala in declaring the results of the degree courses, many of the candidates could not take part in 1st KMAT Kerala. Therefore, requests were made before the 2nd respondent Committee to conduct one more KMAT Kerala for the year 2016 and also to extend the date of admission. After considering the said W.P.(C) Nos. 25866 and 26453 of 2016 : 5 : requests, it was decided vide Ext.P4 proceedings dated 7.6.2016 of the 2nd respondent Committee that, the closing date of admission to MBA course for the year 2016 scheduled on 31.5.2016 with commencement of academic session on 1.6.2016 will be rescheduled by fixing the last date of application as 15.7.2016, the closing date of admission as 31.7.2016 and the date of commencement of academic session as 1.8.2016. It was made clear in Ext.P4 that, the rescheduled dates as above shall be applicable only for the academic year 2016-17.
7. By Ext.P4 proceedings of the 2nd respondent committee, the Kannur University was directed to conduct 2nd KMAT Kerala on 26.6.2016 and to declare the result on 4.7.2016. Due to variations in the declaration of results by different Universities, it was decided in Ext.P4 that, there shall be two KMAT Kerala for the next academic year, the 1st examination on the 1st Sunday of April and the 2nd examination on the 1st Sunday of November of that year. It was also made clear that, the arrangement of conducting two KMAT Kerala in a year shall be a permanent arrangement and each University will conduct the entrance test in rotation under the supervision of the 2nd respondent Committee.
8. The Petitioner Association submitted Exts.P5 and P6 W.P.(C) Nos. 25866 and 26453 of 2016 : 6 : representations dated 16.6.2016 before the 2nd respondent Committee requesting to postpone the 2nd KMAT Kerala to July 2016 and to accept September 2016 MAT score (Management Aptitude Test conducted by the All India Management Association) for admission to MBA course for the academic year 2016-17. However, no reply was received to the said representation. As already scheduled, the 2nd KMAT Kerala was conducted on 26.6.2016 and the result was published on 4.7.2016.
9. According to the petitioners, even after 2nd KMAT Kerala almost 50% of the seats are lying vacant in the institutions under the Association of Management Institutes in Calicut University, as the students were awaiting the result of their degree examination. Relying on Ext.P7 notification dated 27.7.2016, the petitioners would contend that, the 2nd respondent Committee has allowed a 2nd entrance test for MCA course for the academic year 2016-17 to be conducted on 6.8.2016, in order to enable the students awaiting their results in the BCA examination. However, the Committee has not adopted a similar course in the matter of admission to MBA course.
10. As evident from Ext.P3 proceedings of the 2nd respondent Committee, taking into consideration the delay on the part of the Universities in Kerala in publishing the result of the degree course, it W.P.(C) Nos. 25866 and 26453 of 2016 : 7 : was decided that in case of delay in the declaration of result the candidates should be allowed to appear for KMAT Kerala on condition that they should produce the degree certificate before registration of their name with the concerned University. In terms of the said decision, the candidates appearing for their final examination of the qualifying degree were also permitted to apply for KMAT Kerala, provided they secure their degree on or before the date fixed for admission to MBA course.
11. Originally, 1st KMAT Kerala was scheduled to be conducted on 31.1.2006. It was postponed and conducted only on 3.4.2016. On the basis of the representations that, due to the delay on the part of the Universities in Kerala in declaring the result of the final degree examinations, many of the candidates could not take part in the 1st KMAT Kerala, the 2nd respondent Committee by Ext.P4 proceedings decided to conduct 2nd KMAT Kerala on 26.6.2016 and to postpone the closing date of admission to MBA course for the year 2016 from 31.5.2016 to 31.7.2016, with 1.8.2016 as the date of commencement of academic session. Now the grievance of the petitioners is that even after 2nd KMAT Kerala almost 50% of the MBA seats are lying vacant in the institutions under the Association of Management Institutions in W.P.(C) Nos. 25866 and 26453 of 2016 : 8 : Calicut University, as the students were awaiting the result of their degree examination.
12. Merely for the reason that, even after 2nd KMAT Kerala the management institutions could not get sufficient number of students in their institutions is not valid ground either to postpone the closing date for admission to MBA course for the academic year 2016-17 or to consider September 2016 MAT score for admission. September 2016 MAT conducted by AIMA is scheduled to be held during the 1st/2nd week of September 2016 and the result is scheduled to be announced during the last week of September 2016. If the managements are permitted to make admission on the basis of September 2016 MAT score, the commencement of academic session for the year 2016 will have to be postponed further from 1.8.2016, which would be detrimental to the interest of the students who already secured admission for MBA course during the academic year 2016 based on their score in the 1st/2nd KMAT Kerala, CAT, etc. In that view of the matter, we find that the petitioners are not entitled for the reliefs prayed for in these writ petitions.
13. We also notice that, W.P.(C)No.25866/2016 is filed by the Association of Management Institutions in Calicut University. The W.P.(C) Nos. 25866 and 26453 of 2016 : 9 : petitioner Association can have no grievance in the matter. At best, the members of the petitioner Association could have a grievance and they alone can approach this court under Article 226 of the Constitution of India seeking appropriate reliefs.
In the result, the Writ Petitions fail and they are accordingly dismissed. No order as to costs.
Sd/-
P. R. RAMACHANDRA MENON, JUDGE Sd/-
ANIL K. NARENDRAN, JUDGE kmd