Kerala High Court
Vedavyasa Trust vs The State Of Kerala on 24 February, 2022
Author: Shaji P.Chaly
Bench: S.Manikumar, Shaji P.Chaly
W.P.(C) No. 8335 of 2020 & con.cases 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 7561 OF 2020
PETITIONERS:
MALABAR COLLEGE OF ENGINEERING AND TECHONOLOGY,
REPRESENTED BY ITS CHAIRMAN, PALLUR P.O., DESAMANGALAM,
WADAKANCHERRY, THRISSUR-679 532.
BY ADVS.
S.KRISHNAMOORTHY
SMT.NITHYA SUGUNAN
SHRI.JESUDASAN K X
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695
001.
2 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
THIRUVANANTHAPURAM-695 016.
3 CONTROLLER OF EXAMINATIONS, APJ ABDUL KALAM TECHNOLOGICAL
UNIVERSITY,
CET CAMPUS, THIRUVANANTHAPURAM-695 016.
BY ADVS. SRI.ELVIN PETER P.J., STANDING COUNSEL FOR R2 &
R3
SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).8335/2020, 8305/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 8305 OF 2020
PETITIONERS:
1 KERALA SELF-FINANCING ENGINEERING COLLEGE MANAGEMENTS'
ASSOCIATION
REP BY ITS SECRETARY A.M. KHARIM, REGISTRATION NO ER
804/2003, VIKAS NAGAR, NH BYE-PASS,KUNDANOOR,
MARADU P.O.KOCHI-682 304.
2 MES INSTITUTE OF TECHNOLOGY AND MANAGEMENT,
REP BY PRINCIPAL, CHATHANNOOR P.O., KOLLAM, KERALA-691
572.
BY ADVS.
S.KRISHNAMOORTHY
SMT.NITHYA SUGUNAN
SHRI.JESUDASAN K X
RESPONDENTS:
1 THE STATE OF KERALA
REP BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
REP BY ITS REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM-695
016.
3 CONTROLLER OF EXAMINATIONS,
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,CET CAMPUS,
THIRUVANANTHAPURAM-695 016.
W.P.(C) No. 8335 of 2020 & con.cases 3
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2
SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 8335 OF 2020
PETITIONERS:
1 THE KERALA CATHOLIC ENGINEERING COLLEGE
MANAGEMENTS ASSOCIATION, REPRESENTED BY ITS SECRETARY,
RAJAGIRI VALLEY P.O., COCHIN - 682 039
2 THE DIRECTOR, RAJAGIRI SCHOOL OF ENGINEERING AND
TECHNOLOGY, COCHIN - 682 039
3 THE CHAIRMAN,
DIOCESAN TECHNICAL EDUCATION TRUST, PALA,
(MANAGER, ST. JOSEPHS COLLEGE OF ENGINEERING AND
TECHNOLOGY, PALA
4 THE MANAGER,
AMAL JYOTHI COLLEGE OF ENGINEERING, KOOVAPPALLY,
KANJIRAPPALLY- 680 518
BY ADVS.
KURIAN GEORGE KANNANTHANAM (SR.)
SRI.TONY GEORGE KANNANTHANAM
SRI.THOMAS GEORGE
RESPONDENTS:
1 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR,
CET CAMPUS, THIRUVNANTHAPURAM- 695 016.
2 THE REGISTRAR,
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
THIRUVNANTHAPURAM- 695 016.
W.P.(C) No. 8335 of 2020 & con.cases 5
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR
RESPONDNETS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 8364 OF 2020
PETITIONER:
THE COLLEGE OF ENGINEERING AND TECHNOLOGY
PAYYANNUR, KAITHAPRAM, MATHAMANGALAM P.O., KANNUR,
PIN-670 306, REPRESENTED BY ITS CHAIRMAN K.K.RAJENDRAN.
BY ADV T.K.VIPINDAS
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
THIRUVANANTHAPURAM, PIN-695 016.
3 THE CONTROLLER OF EXAMINATIONS,
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
THIRUVANANTHAPURAM, PIN-695 016.
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
R3
SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 8542 OF 2020
PETITIONER:
INDIRA CHARITABLE TRUST
REP BY ITS CHAIRMAN DR BIJU RAMESH, RAJADHANI HILLS,
NEDUMPARAMBU.P.O, NAGAROOR, ATTINGAL, PIN-695602
BY ADVS.
S.KRISHNAMOORTHY
SMT.NITHYA SUGUNAN
SHRI.JESUDASAN K X
RESPONDENTS:
1 THE STATE OF KERALA
REP BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION
DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM-695001
2 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
REP BY ITS REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM-
695016
3 CONTROLLER OF EXAMINATIONS
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY CET CAMPUS,
THIRUVANANTHAPURAM-695016
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
R3
SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 8899 OF 2020
PETITIONER:
THE EXECUTIVE DIRECTOR
VIDYA INTERNATIONAL CHARITABLE TRUST, VIDYA CAMPUS,
KUNNUKUZHY, THALAKKOTTUKARA, TRICHUR-680501
BY ADVS.
KURIAN GEORGE KANNANTHANAM (SR.)
SRI.TONY GEORGE KANNANTHANAM
SRI.THOMAS GEORGE
RESPONDENTS:
1 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
THIRUVANANTHAPURAM-695016
2 THE REGISTRAR
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
THIRUVANANTHAPURAM-695016
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR
RESPONDENTS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 9247 OF 2020
PETITIONER:
THE DIRECTOR
PROVIDENCE COLLEGE OF ENGINEERING, VATTAMALA, ANGADICKAL,
CHENGANNOOR, ALAPPUZHA-689122.
BY ADV P.M.SANEER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
THIRUVANANTHAPURAM-695016.
3 THE REGISTRAR,
APL ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
THIRUVANANTHAPURAM-695016.
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
R3
SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 9151 OF 2020
PETITIONERS:
THE PRINCIPAL,
HEERA COLLEGE OF ENGINEERING AND TECHNOLOGY, PANAVOOR,
NEDUMANGAD, THIRUVANANTHAPURAM-695568.
BY ADV P.M.SANEER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
THIRUVANANTHAPURAM-695016.
3 THE REGISTRAR,
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
THIRUVANANTHAPURAM-695016.
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
R3
SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 9342 OF 2020
PETITIONERS:
VEDAVYASA TRUST,
REP.BY ITS CHAIRMAN, BHAJANA KOVIL ROAD, CHALAPPURAM,
CALICUT-673002.
BY ADVS.
S.KRISHNAMOORTHY
SMT.NITHYA SUGUNAN
SHRI.JESUDASAN K X
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
REP. BY THE REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM-
695016.
3 THE VICE CHANCELLOR,
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
THIRUVANANTHAPURAM-695016.
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
R3
SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 9340 OF 2020
PETITIONERS:
1 KERALA SELF - FINANCING ENGINEERING COLLEGE MANAGEMENTS
ASSOCIATION
REP. BY ITS SECRETARY A.M.KHARIM, REGISTRATION
NO.ER804/2003, VIKAS NAGAR, NH BYE-PASS, KUNDANOOR,
MARADU P.O., KOCHI-682304.
2 ST.THOMAS EDUCATIONAL SOCIETY,
SUITE NO.30/663 ADOOR TOWER, ADOOR-691523.
3 ROYAL COLLEGE OF ENGINEERING AND TECHNOLOGY,
REP. BY K.M.HAIDER ALI, AKKIKAVU, THRISSUR.
4 SCHOOL OF COMMUNICATION AND MANAGEMENT STUDIES (SCMS),
PRATHAP NAGAR, NH47, MUTTOM, COCHIN-683106.
BY ADVS.
S.KRISHNAMOORTHY
SMT.NITHYA SUGUNAN
SHRI.JESUDASAN K X
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
REP. BY ITS REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM-
695016.
3 THE VICE CHANCELLOR,
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
W.P.(C) No. 8335 of 2020 & con.cases 13
THIRUVANANTHAPURAM-695016.
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
R3
SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 9999 OF 2020
PETITIONERS:
AHALIA SCHOOL OF ENGINEERING AND TECHNOLOGY
AHALIA HEALTH HERITAGES AND KNOWLEDGE, AHALIA CAMPUS,
KOZHIPPARA P.O., 678 557, PALAKKAD DISTRICT, REPRESENTED
BY A.G.AJITH PRASAD, TRUSTEE, AHALIA INTERNATIONAL
FOUNDATION.
BY ADVS.
GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
HIGHER EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANTHAPURAM - 695 001.
2 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
CIT CAMPUS, ALATHARA ROAD, AMBADY NAGAR,
THIRUVANANTHAPURAM - 695 016, REPRESENTED BY THE
REGISTRAR.
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2
SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 10084 OF 2020
PETITIONERS:
1 NEHRU COLLEGE OF ENGINEERING AND RESEARCH CENTRE (NCERC)
NILA GARDENS, PAMPADY, THIRUVILWAMALA, THRISSUR DISTRICT,
KERALA STATE - 680 588,REPRESENTED BY THE PRINCIPAL.
2 JAWAHARLAL COLLEGE OF ENGINEERING AND TECHNOLOGY (JCET)
JAWAHAR GARDENS, LAKKIDI, MANGALAM, OTTAPPALAM, PALAKKAD
DISTRICT, KERALA STATE - 679301, REPRESENTED BY THE
PRINCIPAL.
BY ADV GEORGE JACOB (JOSE)
RESPONDENTS:
1 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
CET CAMPUS, THIRUVANANTHAPURAM, KERALA STATE - 695 016,
REPRESENTED BY ITS REGISTRAR.
2 THE VICE CHANCELLOR
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
THIRUVANANTHAPURAM, KERALA STATE - 695 016.
3 THE CONTROLLER OF EXAMINATIONS
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
THIRUVANANTHAPURAM, KERALA STATE - 695 016.
4 THE STATE OF KERALA
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA STATE - 695 001.
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2
SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 16
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 10919 OF 2020
PETITIONERS:
THE SECRETARY,
SREEPATHY INSTITUTE OF MANAGEMENT AND TECHNOLOGY,
VAVANOOR, KOOTANAD, PALAKKAD-679 533.
BY ADV P.M.SANEER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, CET CAMPUS ,
THIRUVANANTHAPURAM-695 016.
3 THE REGISTRAR,
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS ,
THIRUVANANTHAPURAM-695 016.
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 SRI.TEK
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2
SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 17
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 34396 OF 2017
PETITIONERS:
FATHIMA MEMORIAL EDUCATIONAL TRUST
PALLIMUKKU, VADAKKEVILA, KOLLAM,REPRESENTED BY ITS
SECRETARY,DHAREEFA BEEVI.
BY ADVS.
SRI.M.R.ANISON
SMT.K.P.GEETHA MANI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,HIGHER
EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM -
695 001.
2 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
CET CAMPUS, THIRUVANANTHAPURAM - 695 016,REPRESENTED BY
ITS REGISTRAR.
3 THE CONTROLLER OF EXAMINATION
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,CET CAMPUS,
THIRUVANANTHAPURAM - 695 016.
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
R3
SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 8335 of 2020 & con.cases 18
JUDGMENT
SHAJI P.CHALY,J.
Captioned writ petitions are materially connected with respect to the affiliation fee enhanced, as well as the financial guarantee imposed on Self Financing Engineering Colleges by the APJ Abdul Kalam Technological University as per Exhibit P5 notification dated 13.2.2019, & Exhibit P11 notification dated 12.3.2020, whereby the Self Financing Institutions were directed to remit amounts towards the financial guarantee at the rate mentioned in the fee schedule and time schedule respectively.
2. As per notification dated 28.03.2016, the University invited applications for affiliation of existing and new technical institutions within the State, which conducts Undergraduate and Postgraduate degrees in Engineering and Technology for the academic year 2015-2016, along with the application for affiliation of other courses offered by the colleges. However the University has issued a notification dated12.03.2020 for affiliation of existing and new technical institutions of the State, which conduct Undergraduate and Postgraduate programmes in Engineering and Technology and other courses for the academic year 2020-2021. The fee details in the W.P.(C) No. 8335 of 2020 & con.cases 19 notification dated 28.03.2016 for the academic year 2016- 2017 are as hereunder:
" Fee Details Fee to be remitted at the time of submitting application* :Rs.1,00,000/-
(include Application processing fee, inspection fee etc.) for New Institutions.
Fine for late submission Rs.50,000/-
Financial Guarantee ** Rs.25 Lakhs
(Refundable Security Deposit towards guarantee to comply with instructions of the University regarding affiliation for New Institutes) Annual affiliation fee** a. For New Institutes UG Programme : Rs. 10 Lakhs PG Programme : Rs. 5 Lakhs UG + PG Programmes : Rs. 12 Lakhs b. For Existing Institutes affiliated to KTU. Since the existing colleges have to continue with other universities also, KTU will collect affiliation fee as given below for the academic year 2016-17. Institutions offers only UG program :Rs 5 Lakhs Institutions offers only PG program : Rs 5 Lakhs Institute offers UG & PG programes : Rs 7 Lakhs *Government Colleges need not pay any fee, ** Government/ Government Aided Colleges need not pay any fee) Registrar "W.P.(C) No. 8335 of 2020 & con.cases 20
The fee schedule as per the notification dated 13.02.2019 disputed by the petitioners for the academic year 2019-2020 are as hereunder:
Schedule Start Date of Online Application 13.02.2019 Last Date of submission of Online 28.02.2019 Application Last Date of submission with Fine 05.03.2019 Fee Details Fee to be remitted at the time of Rs.1,00,000/for New Institutions only submitting application (Include Application processing Inspection fee etc.) Fine for late submission Rs.50,000/-
Financial Guarantee ** Rs.25 Lakhs
Annual affiliation fee**
UG Programme Rs.10 Lakhs
PG Programme Rs.5 Lakhs
UG + PG Programmes Rs.12 Lakhs
[Government Institutions need not pay any fee, ** Government/ Government Aided Institutions need not pay any fee)
3. Likewise the fee details prescribed under the notification dated 12.03. 2020 for the academic year 2020-2021 disputed by the petitioners are as hereunder:
W.P.(C) No. 8335 of 2020 & con.cases 21Schedule Start Date of Online Application 12/03/2020 Last Date of submission of Online 25/03/2020 Application Last Date of submission with Fine 04/01/2020 Fee Details Fee to be remitted at the time of Rs.1,00,000 for New Institutions submission of application only (include Application processing fee, inspection fee etc.) Fine for late submission Rs.50,000/-
Financial Guarantee* Rs.25 Lakhs [Government institutions need not pay any fee] [18% GST is applicable to all fee] Annual Affiliation fee to be paid and the date of remittance for the AY 2020-21 will be intimated shortly. The application for affiliation of the institutions for the AY 2020-21 will be processed only after the payment of affiliation fee for the AY 2019-20 and other fines or pending fee, if any."
4. The paramount contentions advanced by the writ petitioners are that the University, especially without a statute in force, is not competent to demand annual affiliation fee or financial guarantee from Self Financing Colleges; that fixing and demanding annual affiliation fee and financial guarantee from Self Financing Colleges is discriminatory and violative of Article 14 of the Constitution of India and further W.P.(C) No. 8335 of 2020 & con.cases 22 that, the demand of affiliation fee and performance guarantee, is violative of petitioners' right guaranteed under Article 19(1)(g) of the Constitution of India and that the decision of the Syndicate cannot amount to a law as contemplated under Article 19(1)(g) of the Constitution of India. That apart, it is pointed out that demanding the impugned fees and financial guarantee tantamount to deprivation of the constitutional rights available to the writ petitioners under Article 300A of the Constitution of India.
5. In view of common questions arising in the writ petitions, separate narration of facts are not required. Anyhow, in some of the writ petitions, it is also submitted that before formation of the APJ Abdul Kalam Technological University, the Self Financing Institutions were affiliated to various universities in Kerala, and therefore, it is contended that nominal amounts were only provided as affiliation fee as fixed by the respective university statutes, but while taking over of the technical institutions by the present technological university , the Self Financing Institutions are coerced to pay exorbitant affiliation fees to the new University and since no statute is framed by the State Government, the University has no power to impose affiliation fee, as well as to demand financial guarantee.
6. University has filed separate counter affidavits in the writ petitions refuting the allegations and claims and demands raised by the writ petitioners specifically, W.P.(C) No. 8335 of 2020 & con.cases 23 especially for the reason that the affiliation fee structure differs from institution to institution. Inter alia among other contentions it is submitted that the State Government as per Ordinance No.28/2017, amended the A.P.J. Abdul Kalam Technological University Act, 2015, hereinafter called, "Act, 2015" and as per the said amendment, the Executive Committee constituted under section 27 is renamed as 'Syndicate'. It is also pointed out that section 30 of the Act provides for the powers, functions and duties of the Syndicate; that section 30(VIII) of the Act empowers the Syndicate to fix the fees payable to the University and to demand and receive such fees. So also Chapter 8 of the Act, 2015 containing sections 60 to 66 relates to the affiliation of colleges to the University; that sub-section (2) of section 60 casts a mandatory obligation on the educational agency to furnish an undertaking that it shall comply with the provisions of the Act, Rules, Statute Ordinances, Regulations, Standing orders and directions of the University.
7. Therefore, according to the University, the above provisions contained under Act, 2015 make it clear that the University is conferred with the power to fix and collect the fee payable to the University and further that the Syndicate of the University is empowered to fix the fees that is payable to the University. That apart it is stated that the academic auditing is a novel feature introduced by the University to monitor teaching and learning process, and the process of academic auditing intends W.P.(C) No. 8335 of 2020 & con.cases 24 to monitor the enhanced quality of technical education through proper guidelines for both teaching faculty and students, so as to ensure qualified Engineers/Researchers passing out from the Engineering Colleges affiliated to the University.
8. Therefore, for proper functioning of the academics in an educational institution and to quantify the efforts dispensed by the faculty and students, some assessment components have been designed, which includes the assessment of course delivery as per the curriculum and syllabus of KTU, the co-curricular & extra curricular activities of students, overall discipline &. academic functioning of the institution, delivery of the duties and responsibilities of the faculty members & monitoring of the class, progress of courses, internal assessment, student welfare and grievances. The manner, method and modalities adopted by the University in order to ensure proper functioning of the educational institutions affiliated to it are programmed by the University. It is also pointed out that steps are taken from time to time for consistently improving the quality and record of ensuring time bound completion of University activities by maintaining a very efficient data base and it is also submitted that the University is solely working on a digital platform initiative, and distinct and software driven.
9. Therefore, the sum and substance of the contentions advanced by the University is that the Government colleges, Government Aided Private Colleges and W.P.(C) No. 8335 of 2020 & con.cases 25 Government Controlled Self Financing Colleges are exempted from the payment of affiliation fee and in the case of Government Colleges, Government Aided Private Colleges and Government Controlled Self Financing Colleges, the Government has invested huge amount of public money. It is therefore pointed out that the above three classes of colleges cannot be equated to a Self Financing College since both are different and distinct class of institutions.
10. That apart it is submitted that the fee structure and allotment of seats in Kerala Self Financing Engineering Colleges were re-fixed by the Government as per Exhibit R2(b) order dated 11.6.2019 and on a perusal of the same, it would show that there is a substantial difference in the quantum of fees collected by the Self Financing Engineering Colleges and the fees collected by Government Engineering Colleges.
Accordingly, in order to compensate for the above, the Government is providing non-
plan grants to the University every year.
11. Therefore, the contentions raised by the writ petitioners that directing the Self Financing Engineering Colleges alone to pay the affiliation fee and non collection of such fee from the Government Engineering Colleges, Government Aided Private Colleges and Government Controlled Self Financing Colleges is illegal, are completely untenable and misconceived because both classes of institutions are not homogeneous but forms a distinct and separate class and there is an intelligible W.P.(C) No. 8335 of 2020 & con.cases 26 differentia in the objects sought to be achieved.
12. That apart it is contended that the University is collecting affiliation fee right from its inception from the Self Financing Engineering College, evident from Exhibits R2(c), R2(d), R2(e) and R2(f) for the academic years 2015-2016, 2016-2017, 2017- 2018 and 2018-2019 respectively. It is submitted that all the colleges including the writ petitioners, paid the affiliation fee.
13. Matters being so, the Board of Governors of the University appointed a committee of 3 members to conduct a study and submit the recommendations for revising affiliation fee charged from various affiliated colleges under the University, evident from Exhibit R2(g) dated 7.7.2018. Pursuant to the same, the 3 member committee, after conducting a detailed study, submitted Exhibit R2(b) report dated 20.4.2019. As per Exhibit R2(b), the sub-committee unanimously recommended that the collection of fees for affiliation shall be in two components. One component shall be uniform for all colleges irrespective of the student strength and the second component is based on student strength (sanctioned strength). It is submitted that Exhibit R2(h) report of the sub-committee was considered by the Syndicate in its 5 th meeting held on 14.5.2019 and the Syndicate accepted the report of the sub committee with a modification to fix upper ceiling of Rs.15 lakhs as affiliation fee for the academic year 2019-2020.
W.P.(C) No. 8335 of 2020 & con.cases 2714. Therefore, as per the above decision, all Self Financing Institutions are to remit the annual affiliation fee, which consists of a variable component of Rs.2,000/-
per seat for the sanctioned intake for first year and fixed an amount of Rs.3 lakhs for Undergraduate programmes and Rs.1.5 lakhs for those colleges having PG programmes. However, it was decided that, if the total amount exceeds Rs.15 lakhs for some colleges having more programmes, then an upper ceiling limit of Rs.15 lakhs is provided. The said decision of the Syndicate was considered in the 10th meeting of the Board of Governors held on 17.8.2019. It is submitted that in the above meeting of Board of Governors, representatives of the management of Private Self Financing Colleges, who were also members of the Board of Governors, requested to reconsider the decision of the Syndicate.
15. Accordingly, the 10th meeting of the Board of Governors, as per Exhibit R2(i) minutes dated 17 th August 2019, empowered the Syndicate to take appropriate decisions for fixing the affiliation fee of the institutions for the academic year 2019- 2020. Pursuant to Exhibit R2(i), the 10th meeting of the Syndicate of the University as per Exhibit R2 (j) was held on 29.11.2019 and after considering the affiliation fee that was being collected for the last four academic years, finally fixed the affiliation fee payable by the Self Financing Engineering Colleges. As per the above decision, all affiliated institutions are to remit the annual affiliation fee, which consists of a variable W.P.(C) No. 8335 of 2020 & con.cases 28 component of Rs.2,000/- for the sanctioned intake for first year and fixed an amount of Rs.2 lakhs for Undergraduate programmes and Rs.1.5 lakhs for those colleges having PG programmes. Therein also, upper ceiling of Rs.15 lakhs was fixed, evident from Exhibit R2(j) dated 29.11.2019. The Syndicate also decided to give a timeline for remitting the affiliation fee without fine up to 29.2.2020 and upto 15.3.2022 with a fine of Rs.50,000/-. Therefore, it is submitted that it is clear that the affiliation fee collected by the University from the Self Financing Colleges is after conducting an in-
depth study into the issue and considering the expenses incurred by the University with respect to each course conducted by each college affiliated to it and the administrative & other academic expenses incurred by the University like fixation of the syllabus by Board of Studies, revising the syllabus, conducting examinations, revaluation and other incidental expenses incurred to the University.
16. That apart, it is pointed out that even though the Self Financing Institutions raised illegality in the matter of fees charged per student on the basis of the total intake, it has no factual or legal basis since the decline in intake will not reduce the discharge of physical, technical and financial duties and responsibilities of the University. Therefore, according to the University, linking the number of students admitted to the petitioner colleges and affiliation fee fixed by the University, cannot be acceded to. Other contentions are also raised.
W.P.(C) No. 8335 of 2020 & con.cases 2917. The University has also produced additional documents in the writ petitions.
Exhibit R2(k) dated 15.12.2020 is the ratification of the resolution of the Syndicate, fixing the affiliation fee for the academic year 2019-2020 and it was found that though the above decisions of the Syndicate and Board of Governors were communicated to all the affiliated colleges, it has come to the notice that formal orders were not issued in accordance with the decisions of the Syndicate and Board of Governors and accordingly, orders were issued exercising the powers conferred under sub-section (6) of section 14 of the Act, 2015 to ratify the affiliation fees and other fees payable by the institutions seeking affiliation to the University and institutions already affiliated to the University for the academic year 2019-2020 in accordance with the decisions of the Syndicate and Board of Governors, which reads as follows:
" The Chapter 6 of the First Statutes of the University issued by the Government dated 05.08.2020 vide paper read (7) above, pertains to matters related to affiliation of Engineering Colleges. The Statutes do not refer to the rate of affiliation fee and other fee payable to the University. Therefore, the University and Syndicate of the University are empowered to fix the affiliation fee and other fee payable by the Engineering Colleges for affiliation to the University.
Section 14 of the A.P.J. Abdul Kalam Technological University Act, 2015, provides for powers of the Vice Chancellor, Sub Section (6) of Section 14 provides that where any matter is required to be regulated by the Statutes or Regulations but no Statutes or Regulations have been made in that W.P.(C) No. 8335 of 2020 & con.cases 30 behalf, the Vice Chancellor shall for the time being, regulate the matter by issuing such directions as the Vice Chancellor thinks necessary, and shall, as soon as may be, submit them before the Board of Governors or other authority or body concerned for approval.
Accordingly, Orders are hereby issued under Sub Section (6) of Section 14 of the A.P.J. Abdul Kalam Technological University Act, 2015, ratifying the fixation of the affiliation fees and other fees payable by the Institutions seeking affiliation to the University and Institutions already affiliated to the University for the Academic Year 2019-20 in accordance with the decisions of the Syndicate and Board of Governors".
18. We have heard, learned Senior counsel Sri.Kurian George Kannanthanam, & Sri.S.Krishnamoorthy appearing for the writ petitioners, Sri.Elvin Peter P.J. for the University and perused the pleadings and materials on record.
19. It is quite clear and evident that the 10 th meeting of the Syndicate held on 29.11.2019 evaluated the issue with respect to the affiliation fee from the year 2018- 2019 and other aspects. It is also evident from the said meeting of the Syndicate that an amount of Rs.9,82,69,170/- is remaining as revenue loss to the University due to non-payment of the affiliation fees to be paid by the Self Financing Colleges upto the year 2020-2021. Anyhow, due to the persistent request made by Self Financing Institutions, a meeting was convened by the University with the representatives of the management held on 4.6.2021, which is produced as Exhibit R2(m) and after W.P.(C) No. 8335 of 2020 & con.cases 31 deliberating with the students and issues pointed out by the management, the following recommendations were made:
"Recommendations
1. The Affiliation fee for the AY 2019-20 cannot be revisited due to legal problems since the fee was already approved by both Syndicate and Board of Governors and also 50% of the Colleges remitted the fee. Recommended the Syndicate to consider to grant exemption in fine over the delay in the remittance of affiliation fee for the AY 2019-20 and to permit the Colleges to remit the affiliation fee for the AY 2019-20 in installments.
2.Recommended the Syndicate to consider to grant maximum relaxation / concession to colleges in the affiliation fee for the AY 2020-21 which was not approved by the Board of Governors. Because the outbreak of Covid'19 pandemic from 2020 and its second wave in 2021, severely affected all the sectors, particularly education sector.
3. A number of colleges surrendered their old courses for getting affiliation for new generation courses in 2020-21 were not granted affiliation for new generation courses but also lost their old courses in 2020-21. Recommended the Syndicate to consider the re-instatement of surrendered courses in the AY 2020-21 by the Colleges for getting new generation courses on the basis of EoA of AICTE and new criteria cannot be imposed while reinstating the surrendered courses. ... "
20. Later on 4.11.2021, the University has issued an erratum order due to certain clerical errors that have crept in while approving the affiliation fee for the academic year 2019-2020, which reads thus:
W.P.(C) No. 8335 of 2020 & con.cases 32" APJ Abdul Kalam Technological University Thiruvananthapuram Abstract APJAKTU Affiliation fee for the Academic Year 2019-20 -Erratum Orders issued.
____________________________________________________________ ADMINISTRATION UO NO. 1818/2021/KTU Thiruvananthapuram, Dated: 04.11.21 ___________________________________________________________ Read: 1. Resolution of the BOG held on 07/12/2019 in item No.GB-011- 004
2. U.0 No. 1758/2021/KTU dated 15/12/2021
3. U.0. No. 203/2021/KTU dated 30/01/2021
4.U.0. No. 209/2021/KTU dated 30/01/2021 ORDER Vide paper read (1) above, the Board of Governors approved the affiliation fee for the Academic Year 2019-20 as Rs. 2 Lakh for UG programmes and Rs.1.50 Lakh for PG programmes and Rs.2000/- per student for the sanctioned intake, limited to a maximum amount of Rs.15 Lakh by the institution. But in the UO read as (2) above, issued in compliance with this Resolution, the affiliation fee was erroneously shown as Rs.2 Lakh for one UG programme and Rs.1.50 Lakh for one PG programme and fee payable by one student admitted for the UG/PG programme as Rs.2000/- for first year. Similarly, the term Programme was inadvertently changed as course in the UO read paper (3) above and the same also used in the UO read paper (4) above.
Having considered the above, sanction has been accorded by the Vice Chancellor to make necessary corrections in the above UOs pertaining to the affiliation fee for the Academic Year 2019-20 as detailed below.W.P.(C) No. 8335 of 2020 & con.cases 33
1. Affiliation fee for UG programmes in the Engineering College: Rs. 2,00,000/- (Except Government Colleges and Government Aided Colleges)
2. Affiliation fee for PG programmes in the Engineering College: Rs. 1,50,000/- (Except Government Colleges and Government Aided Colleges)
3. Fee payable per student for the sanctioned intake for the UG/PG programme for first year Rs.2,000/- (Except students of Government Colleges and Government Aided Colleges)
4. The total amount payable, calculated as per 1,2,3 above, if exceeds Rs.15,00,000, is limited to Rs.15,00,000/ The UOs read (2) to (4) above, stands modified to the above extent.
Orders are issued accordingly.
Sd/-
Dr.A.Praveen
Registrar "
21. Therefore, the stand adopted by the University is that the demands
raised by the University was on the basis of appropriate decisions taken by the Syndicate as well as Board of Governors. Even though, a mistake was crept in while fixing the fee for the academic year 2019-2020, the said error was rectified by issuing the erratum notification and accordingly, it is submitted that there is no illegality or arbitrariness on the part of the University in directing the Self Financing Engineering Colleges to pay the affiliation fees and provide financial guarantee.W.P.(C) No. 8335 of 2020 & con.cases 34
22. Apparently, on the basis of the meeting of the Syndicate with the representatives of Self Financing Institutions, an understanding was entered into and on the basis of the recommendations extracted above, all the Self Financing Institutions have paid the affiliation fee for the academic year 2020-2021 and therefore, according to the University, since the decision was taken reducing the affiliation fee for the years 2020-2021, the Self Financing Institutions are bound to pay affiliation fee for the year 2019-2020 as demanded. The issue with respect to financial guarantee was a subject matter of the special meeting of the Syndicate dated 22.6.2021 and as per an order dated 2.7.2021, the University has passed a consolidated order, which read thus:
"
APJ Abdul Kalam Technological University Thiruvananthapuram Abstract Affiliation Process 2021-22 - Affiliation Fee from the Academic Year 2019- 20 to 2021-22 and Financial Guarantee - Resolution of the Special meeting of the Syndicate held on 22.06.2021 vide Item No.1 (2) - Implemented - Orders issued.
W.P.(C) No. 8335 of 2020 & con.cases 35_________________________________________________________________ ADMINISTRATION U.O.No. 1031/2021/KTU Thiruvananthapuram, Dated: 02.07.2021 __________________________________________________________________ Read:-1. Resolution of the Special meeting of the Syndicate held on 22.6.2021 vide item No.1(2) (2) U.O. No.1010/2021/KTU dated 29.06.2021 ORDER Vide the paper read (1) above, the Syndicate at its special meeting held on 22.06.2021 has considered the recommendations of the Syndicate Standing Committee on Affiliation with regard to Affiliation fee from the Academic Year 2019-20 to 2021-22 and Financial Guarantee 'to be paid by the Colleges. The Syndicate vide item No.1 (1), has resolved to approve the following affiliation fee for the academic year 2020-21 and 2021-22. Also resolved to approve the proposal for payment of affiliation fee for the year 2019-20 and financial guarantee.
A. For the academic year 2020-21 and 2021-22.
The affiliation fee to be paid by the institutions Sl.No. Course Amount i Each UG course Rs.50000 per year ii Each MBA and MCA course Rs.50000 per year iii Each PG course except MBA and MCA Rs.30000 per year Maximum affiliation fee to be paid by each institution shall be 15 lakhs.
W.P.(C) No. 8335 of 2020 & con.cases 36The student affiliation fee to be paid to the University by each student for the entire course Sl.No. Category of students Amount i UG student Rs. 750/-
ii PG student Rs. 1000/-
iii Ph.D Scholar Rs. 1500/-
B. For the academic year 2019-20, 55 institutions have not yet paid the affiliation fee due the pending cases on affiliation fee before the Hon. High Court of Kerala. As the payment of affiliation fee is mandatory for the affiliation renewal process, the meeting held with the representatives of the Associations of Private Self-Financing Engineering College Managements on 04.06.2021 at the University decided that the institutions shall pay already fixed affiliation fee within six months from the Vdate of issue of this notification. Considering the economic hardship faced during the COVID pandemic period, the institutions are exempted from paying the fine. However, non-payment of affiliation fee within the notified period would result in disabling of online support services offered by the University to the said institutions.
C The last date for remitting the Affiliation Fee for AY 2019-20 and AY 2020-21 is 22-12-2021.
D The last date for remitting the Affiliation Fee for AY 2021-22 is 31-07-2021 E. Financial Guarantee :
Resolved to collect fixed financial guarantee of Rs. 25 lakhs from all institutions seeking affiliation to AKTU. This is in accordance with the details mentioned in the section 32.2. of UGC Regulations 2009 (Affiliation of Colleges by Universities) that all the affiliating institutions need to produce evidence of creating and maintaining a corpus fund permanently in the name of the college by way of irrevocable Government Securities of 35 lakh per progr amme or as W.P.(C) No. 8335 of 2020 & con.cases 37 prescribed by the relevant statutory/Regulatory body.
Sanction is accorded by the Vice-Chancellor to implement the Resolution of the Special meeting of the Syndicate held on 22.06.2021 vide item No. 1 (2). The Resolution of the Special meeting of the Syndicate vide item No.1 (2) is therefore, implemented.
The U.O. read paper (2) stands cancelled.
Orders are issued accordingly.
Sd/-
Dr. A. Praveen * Registrar
23. However, even though the University in its communication insisted for deposit of the financial guarantee amount in the order dated 2.7.2021 extracted above, the University has resolved to collect the financial guarantee of Rs.25 lakhs from all institutions seeking affiliation or affiliated to the University. Learned Standing Counsel for the University relying upon the said resolution submitted that the University will abide by the regulations of the University Grants Commission 2009 in the matter of the financial guarantee. Regulation 3 of the Regulations 2009 reads thus:
W.P.(C) No. 8335 of 2020 & con.cases 38"3.2.The College, if not run by the State Government, 3.2.12 Shall be managed by a duly constituted and registered Society or Trust 3.2.2 shall satisfy the University that adequate financial provision is available for running the college for at least three years without any aid from any external source.
In particular, it shall produce evidence of creating and maintaining a corpus fund permanently in the name of the college by way of irrevocable Government Securities of Rs.15 lakhs per programme, if the college proposes to conduct programme only in arts Science and Commerce, Rs.35 lakh per programme or as prescribed by the relevant Statutory or Regulatory body, if it proposes to offer professional programmes, or FDRs for like amounts jointly held by the college and the University for a minimum locking period of three years. The interest accrued out of it may be utilized by the College with the prior permission of the University for strengthening its infrastructure facilities;"
24. Therefore, it can be seen that clear parameters are fixed by the University Grants Commission in the matter of financial guarantee and since the University has agreed to abide by the same, we do not propose to delve deep into the issue of financial guarantee. But fact remains, though the UGC Regulations specify an amount of Rs.35 lakhs per programme, the University in its orders has only sought for financial guarantee for an amount of Rs.25 lakhs.
25. Learned Senior Counsel Sri.Kurian George Kannanthanam, in that regard has invited our attention to the University Grants Commission Regulations - 2014 W.P.(C) No. 8335 of 2020 & con.cases 39 dated 28th February, 2014, which according to him, has come into force with immediate effect, which is disputed by the Standing Counsel for the University.
Anyhow, as per the said regulation, the fund position of the applicant colleges in the form of FDRs and bank accounts in nationalised bank or scheduled commercial banks recognized by Reserve Bank of India, shall be as follows:
"2.2.2.5 The fund position of the applicant college in the form of FDRs* and bank accounts in nationalised bank or scheduled commercial banks recognised by Reserve Bank of India shall be as under on the date of scrutiny.
Programme proposed Total Total FDRS (Rs,
(Degree and Post Graduate minimum in lakhs) in the
Degree) funds name of
required (Rs. institution as a
in lakhs) as proof of financial
proof of security.
operational
expenses
a Engineering & Technology 100 30
b Pharmacy 50 15
c Hotel management & 50 15
Catering Technology
d Architecture 50 15
e Applied Arts & Crafts 50 15
f MCA 50 15
Provided further that in case of an application for multiple programme, the minimum fund shall be calculated by adding the amounts specified for each programme."W.P.(C) No. 8335 of 2020 & con.cases 40
26. Anyhow in view of the dispute raised to the Regulations 2014 by the learned Standing Counsel for the University, we are not considering the veracity of the same especially due to the fact that the University has sought for a financial guarantee of Rs.25 lakhs only, which is less than the amount fixed under the Regulations 2014.
27. The main question to be considered is whether the University is vested with powers to fix the affiliation fee and increase the same ? The Act, 2015 was introduced to establish and incorporate a university for the promotion of technical education in the State of Kerala, which came into force on the 5 th day of May, 2014. Admittedly, affiliation fee was fixed by the University and informed the Self Financing Colleges and it was being paid till the year 2018-2019 Affiliation fee was increased in the year 2019-2020 and thereupon, some of the Self Financing Engineering Colleges have come up before this Court with the writ petitions. It is submitted by the learned Standing Counsel for the University that out of the 104 Self Financing Engineering Colleges, 50 colleges are before this Court challenging the power of the University to fix the affiliation fee and enhance the same, but all the other self financing engineering colleges have paid the same. In order to understand the power of the University, a reference to some of the provisions would be worthwhile.
28. Powers, functions and duties of the Board of Governors are dealt with under section 25 of Act, 2015 and sub-section (1) thereto clearly specifies that the Board of W.P.(C) No. 8335 of 2020 & con.cases 41 Governors shall be the supreme authority of the University and shall have the power to review the actions of the Executive Committee (presently Syndicate) and the Academic Committee save, where the Executive Committee or the Academic Committee has acted in accordance with the powers conferred upon them under this Act, Statutes, the Ordinances or Regulations, and shall also exercise all the powers of the University not otherwise provided for by this Act or the Statutes.
29. On a reading of the provisions contained under section 25 of the Act, 2015, it is evident that the Board of Governors is entitled to cancel or amend any Ordinance passed by the Executive Committee or any regulation addressed by the Academic Committee. It is also vested with powers to approve and lay down the norms and standards for affiliating colleges as regular colleges or autonomous colleges or constituent colleges or colleges with academic autonomy of the University. It is further vested with powers to affiliate to itself institutions as constituent colleges or autonomous colleges or regular colleges with academic autonomy in accordance with the provisions of the Act and the Statutes, Ordinances and regulations and to withdraw the affiliation of colleges. The powers, functions and duties of the Executive Committee are dealt with under section 30 of the Act, 2015.
30. Inter alia among other powers as per clause (iii) of sub-section (2) of section 30, it is vested with powers to propose norms and standards for affiliating W.P.(C) No. 8335 of 2020 & con.cases 42 colleges as regular colleges or autonomous colleges or constituent colleges of the University; Clause (vi) enables it to control and regulate admission of students for various courses of study in colleges, departments or centres maintained by the University; Clause (vii) imbibes a duty on it to conduct the university examinations and approve and publish the results thereof; as per clause (viii), it is vested with powers to fix the fee payable to the University and to demand and receive such fees; and among others as per clause (xiv), it is vested with powers to arrange for and direct the investigation into the affairs of affiliated colleges, to issue instructions for maintaining their efficiency, for ensuring academic and administrative resources, infrastructural facility, academic performance, performance of teachers of these colleges; and in the case of private colleges, ensure payment of adequate salaries and service conditions to the members of the staff and in case of disregard of such instructions, to modify the conditions of affiliation or take such steps as it deems proper in that behalf. More over Sections 60 to 65 of the Act 2015 contained under Chapter VIII, confers power on the University to grant permission, affiliation and recognition of colleges among others .
31. On a conjoint reading of sections 25, 30 and 60 to 65, we are of the undoubted opinion that the University is vested with ample powers to fix the affiliation fees payable to the University. In the detailed deliberations made above, we have W.P.(C) No. 8335 of 2020 & con.cases 43 specifically referred to the sequence of events leading to the fixation of affiliation fee by the University. It is also evident that the University has in fact agreed to reduce the affiliation fee fixed for the academic year 2020-2021 due to the outbreak of COVID-19 pandemic and its second wave in 2021. But fact remains when the Self Financing Colleges raised the issue of the enhancement of affiliation fees, a meeting was convened by the Syndicate Standing Committee on affiliation with the representatives of various Self Financing Engineering Institutions, evident from Exhibit R2(m) minutes dated 4.6.2021. The recommendations on the basis of the said meeting, we have extracted above, from where it is explicit that, the University has in unequivocal terms conveyed that the affiliation fee for the academic year 2019-2020 cannot be revisited due to legal problems since the fee was already approved by the Syndicate and the Board of Governors; and also 50% of the colleges remitted the fee.
32. Therefore, a recommendation was made to the Syndicate to consider grant of exemption in fine for delay in the remittance of affiliation fee for the academic year 2019-2020 and to permit the colleges to remit the affiliation fees for the academic year 2019-2020 in installments. But it is evident from the recommendations that it had recommended the Syndicate to grant maximum relaxation/concession to the colleges in the affiliation fees for the academic year 2020-2021 .
33. During the course of arguments it is contended that the affiliation fee on the W.P.(C) No. 8335 of 2020 & con.cases 44 basis of the recommendations made and approved by the Syndicate was paid by the Self Financing Engineering Colleges for the year 2020 - 2021. Therefore, we find force in the contentions advanced by the learned Standing Counsel for the University that having agreed to pay the affiliation fees for the year 2019-2020 and having reduced the affiliation fees for the academic year 2020-2021, the Self Financing Colleges are not entitled to resile from the promise so made. Even though learned counsel for the writ petitioners have submitted that there was no such agreement, we are unable to agree with the same since all the Self Financing Engineering Colleges have paid affiliation fee for the academic year 2020-2021 at the reduced rate on the basis of the recommendations made by the Syndicate Standing Committee after having deliberations with the representatives of the Self Financing Colleges held on 4.6.2021.
34. Therefore, in our considered opinion, the Syndicate of the University having vested with powers to fix the affiliation fee by virtue of the provisions discussed above and on the basis of the minutes of the meeting held on 4.6.2021, all the Self Financing Colleges are liable to pay the affiliation fee, in accordance with the demand raised by the University . Even though, in some of the writ petitions a contention is raised that there is no statute framed enabling the University to fix the affiliation fee, we are of the view that, as per section 14, the Vice-Chancellor is vested with powers, among others, to ensure that the actions of the University are carried out in W.P.(C) No. 8335 of 2020 & con.cases 45 accordance with the provisions of the Act, Statutes, Ordinances and Regulations and that the decisions of the Authorities, Bodies and Committees are not inconsistent with the Act, Statutes, Ordinances or Regulations. That apart section 14(6) makes it imperative that where any matters required to be regulated by Statutes or Regulations but no Statutes or Regulations have been made in that behalf, the Vice-Chancellor shall, for the time being, regulate the matter by issuing such directions as the Vice-
Chancellor thinks necessary, and shall, as soon as may be, submit them before the Board of Governors or other authority or body concerned for approval.
35. Therefore, on a conjoint reading of the provisions discussed above, we have no doubt in our mind to hold that there is enough and more powers vested with the Authorities of the University to impose affiliation fees. So also, the discussion made above would make it clear that the Syndicate, the Board of Governors, the Vice-
Chancellor and other Authorities under the Act, Statutes, Ordinances and Regulations are carrying out and discharging various duties and obligations for the maintenance and upkeep of the Self Financing Colleges in accordance with the standards fixed by the University. Therefore, it is a clear indication that in order to maintain the activities of the University, necessarily the University has to impose affiliation fees so as to discharge its duties and obligations with minimum standards fixed under the Act, Statutes, Regulations etc. It is true that a mistake has crept in when the affiliation fee W.P.(C) No. 8335 of 2020 & con.cases 46 was fixed, which we have discussed above, however, the same was rectified by issuing an erratum order dated 4.11.2021, which also we have extracted above.
36. Considering all the above aspects, we do not find any reason to interfere with the affiliation fee fixed by the University. The other aspect raised by the petitioners is in regard to the manner in which the financial guarantee is to be offered by the Self Financing Colleges. Here, in the writ petitions, the issue raised is with respect to the Engineering Colleges alone and in fact the said issue is covered by the University Grants Commission Regulations - 2009, specifically as per regulation 3.2.2 of the said Regulations. University Grants Commission Regulations - 2009 deals with UGC affiliation of colleges by Universities. Regulation 1.2 specifies that the regulations shall apply to all colleges seeking affiliation and already affiliated to the Universities in India, established or incorporated by or under a Central Act, a Provincial Act or a State Act. The 'college' is defined to mean, any institution whether known as such or by any other name, which provides for a programme of study beyond 12 years of schooling for obtaining any qualification from a University and which in accordance with the rules and regulations of the University, is recognised by the UGC as competent to provide for such programme or study and present students undergoing such programme of study for the examination for the award of such qualification. 'Course' is defined thereto under Regulations 2.4 to mean, one of the units which comprise a W.P.(C) No. 8335 of 2020 & con.cases 47 programme of study. Regulations 2.6 specifies that statutory or regulatory means a body so constituted by a Central/State Government Act for setting and maintaining standards in the relevant areas of higher education such as All India Council for Technical Education, Medical Council of India, Dental Council of India, National Council for Teachers Education, Bar Council of India, etc. Regulation 3.2.2 prescribes the manner in which financial guarantee is to be offered. Even though in one of the communications, the University demanded for deposit of the amount towards financial guarantee as discussed above, ultimately the University has passed a resolution, which is produced as Exhibit P13 in W.P.(C) No.8335/2020 dated 2.7.2021 and extracted above, wherein the financial guarantee is resolved to be collected by way of fixed financial guarantee of Rs.25 lakhs from all institutions seeking affiliation or affiliated to the University in accordance with regulation 3.2.2 of regulations 2019.
37. In view of the submissions made by the learned Standing Counsel for the University that they need to provide the guarantee as is stated in clause 3.2.2 of UGC Regulations - 2009, we are of the considered opinion that the University has unequivocally undertaken to receive the guarantee as is stated in the Regulations -
2009.
38. In that view of the matter, we dispose of the writ petitions holding that the University is vested with powers to fix the affiliation fees and enhance the same by W.P.(C) No. 8335 of 2020 & con.cases 48 virtue of the powers granted to the Board of Governors as well as the Syndicate as per the Act, 2015. We also hold that by virtue of the recommendations made by the Standing Committee to the Syndicate, the Syndicate has reduced the affiliation fee for the academic year 2020-2021, on condition that, the Self Financing Colleges shall pay the affiliation fees for the academic year 2019-2020 in accordance with the demand raised by the University. We are also informed that the reduced affiliation fee is paid by all the Self Financing Engineering Colleges including the writ petitioners for the academic years 2020-2021 and 2021-2022. Therefore, the Self Financing Colleges are liable to pay the affiliation fees for the year 2019- 2020. The writ petitioners are therefore directed to pay the affiliation fees for the academic year 2019-2020 demanded by the University, at the earliest possible, and at any rate, within two months from the date of receipt of a copy of this judgment.
39. We are also informed by the learned Senior Counsel Sri.Kurian George Kannanthanam that one of the colleges have paid an amount of Rs.25 lakhs to the University towards financial guarantee, and they may be permitted to offer financial guarantee in accordance with the resolution of the University, discussed above, and in terms of the Regulation 3.2.2 of the University Grants Commission Regulations 2009.
We find force in the said submission and therefore, the said college, which has paid the amount towards the the financial guarantee, is at liberty to offer the financial W.P.(C) No. 8335 of 2020 & con.cases 49 guarantee in terms of the resolution of the University specified above and in terms of clause 3.2.2. UGC Regulations - 2009; and if the financial guarantee is produced accordingly, the University shall take steps to release the amount paid/deposited by the Self Financing Institution in question, at the earliest.
40. Whatever that be, we make it clear that since the University has demanded the financial guarantee for only Rs.25 lakhs, the University shall not deviate from the same and insist for financial guarantee specified for the professional and other colleges at Rs.35 lakhs, as per the clauses 3.2.2 of UGC Regulations 2009.
Writ petitions are disposed of accordingly.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY
smv JUDGE
W.P.(C) No. 8335 of 2020 & con.cases 50
APPENDIX OF WP(C) 7561/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 15.05.2019 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE SUBMISSIONS MADE BY THE
MINISTER BEFORE THE 14TH KERALA ASSEMBLY DATED 26.06.2019.
EXHIBIT P3 TRUE COPY OF THE EMAIL COMMUNICATION DATED 04.03.2020.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 06.03.2020 SUBMITTED BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30.1.2021 ISSUED BY 2ND RESPONDENT.
RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.
Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.
Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.
Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.
Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.
Exhibit R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.
RESPONDENT EXHIBITS Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.
Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE W.P.(C) No. 8335 of 2020 & con.cases 51 AFFILIATION FEE DATED 20/04/2019.
Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.
Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.
Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. RESPONDENT EXHIBITS Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.
Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY.
Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.
Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY.
W.P.(C) No. 8335 of 2020 & con.cases 52APPENDIX OF WP(C) 8305/2020 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF ONE OF THE AFFILIATION ORDER DATED 15.5.2019 ISSUED TO VELAPPALLI NATESAN COLLEGE OF ENGINEERING DATED 15.5.2019.
EXHIBIT P2 TRUE COPY OF THE SUBMISSIONS MADE BY THE MINISTER BEFORE THE 14TH KERALA ASSEMBLY DATED 26.6.2019 EXHIBIT P2 (A) ENGLISH TRANSLATION OF EXHIBIT P2 EXHIBIT P3 TRUE COPY OF THE EMAIL NOTICE DATED 4.3.2020 ISSUED BY THE UNIVERSITY DEMANDING BALANCE AFFILIATION FEE TO THE 1ST PETITIONER INSTITUTION EXHIBIT P4 TRUE COPY OF THE REPRESENTATION MADE BY THE 1ST PETITIONER ASSOCIATION DATED 26.3.2020 RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.
Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.
Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.
Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.
Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.
Exhibit R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.
Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.
W.P.(C) No. 8335 of 2020 & con.cases 53Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.
Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.
Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.
Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.
Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY.
Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.
Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY.
W.P.(C) No. 8335 of 2020 & con.cases 54APPENDIX OF WP(C) 8335/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LIST OF MEMEBERS OF THE 1ST PETITIONER EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 28-03-2016 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATED 12-01-2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE NOTIFICATION DATED 21-02-2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 13-02-2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER DATED 15-05-2019 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER COLLEGE EXHIBIT P7 TRUE COPY OF THE ORDER DATED 15-05-2019 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER COLLEGE.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 15-05-2019 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONERS COLLEGE EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY ONE OF THE MEMEBER COLLEGE DATED 21-05-2019 EXHIBIT P10 TRUE COPY OF THE E.MAIL CIRCULAR TO ALL ENGINEERING COLLEGES ON 04-03-2020 ISSUED BY THE UNIVERSITY.
EXHIBIT P11 TRUE COPY OF THE NOTIFICATION DATED 12-03-2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE FORMAT OF THE AFFIDAVIT.
RESPONDENTS' EXHIBITS Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.
Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.
Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE W.P.(C) No. 8335 of 2020 & con.cases 55 ACADEMIC YEAR 2015-2016.
Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.
Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.
R Exhibit R2(F) `TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.
Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.
Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.
Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.
Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.
Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.
Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY.
Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.
Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY.
PETITIONER EXHIBITS Exhibit P13 TRUE COPY OF THE ORDER UO NO.1031/2021/KTU DATED 02/07/2021 OF THE APJ ABDUL KALAM W.P.(C) No. 8335 of 2020 & con.cases 56 TECHNOLOGICAL UNIVERSITY.
Exhibit P14 TRUE COPY OF THE LETTER NO. KTU/A/456/2015 DATED 07/12/2021 OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.
RESPONDENT EXHIBITS Exhibit R2(P) TRUE COPY OF THE MINUTES OF THE 11TH BOARD OF GOVERNORS MEETING DATED 07/12/2019.
W.P.(C) No. 8335 of 2020 & con.cases 57APPENDIX OF WP(C) 8364/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE EXTENSION OF APPROVAL DATED 30.04.2019 ISSUED BY ALL INDIA COUNCIL FOR TECHNICAL EDUCATION.
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 15.05.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE SUBMISSION MADE BY THE MINISTER BEFORE THE KERALA LEGISLATIVE ASSEMBLY DATED 26.06.2019.
EXHIBIT P4 TRUE COPY OF THE NOTIFICATION DATED 12.03.2020 ISSUED BY 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE E-MAIL COMMUNICATION ISSUED BY 2ND RESPONDENT DATED 03.03.2020.
RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.
Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.
Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.
Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.
Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.
Exhibit R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.
Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.
Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.
W.P.(C) No. 8335 of 2020 & con.cases 58Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.
Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.
Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.
Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY.
Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.
Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY.
W.P.(C) No. 8335 of 2020 & con.cases 59APPENDIX OF WP(C) 8542/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AFFILIATION ORDER PRESCRIBING THE FEE ISSUED BY THE 2ND RESPONDENT DATED 15.05.2019 IN RESPECT OF RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 15.5.2019 ISSUED IN RESPECT OF RAJADHANI INSTITUTE OF HOTEL MANAGEMENT AND CATERING TECHNOLOGY EXHIBIT P3 TRUE COPY OF THE SUBMISSIONS MADE BY THE MINSTER BEFORE THE 14TH KERLA ASSEMBLY DATED 26.06.2019 EXHIBIT P4 TRUE COPY OF THE SAID EMAIL COMMUNICATION DATED 04.03.2020 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30.1.2021 ISSUED BY 2ND RESPONDENT.
RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.
Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.
Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.
Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.
Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.
Exhibit R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.
Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.
W.P.(C) No. 8335 of 2020 & con.cases 60Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.
Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.
Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.
Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.
Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY.
Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.
Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY.
W.P.(C) No. 8335 of 2020 & con.cases 61APPENDIX OF WP(C) 8899/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 25.4.2015 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 THE TRUE COPY OF THE NOTIFICATION DATED 28.3.2016 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 THE TRUE COPY OF THE NOTIFICATION DATED 12.1.2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 THE TRUE COPY OF THE NOTIFICATION DATED 21.2.2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 THE TRUE COPY OF THE NOTIFICATION DATED 13.2.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER DATED 15.05.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE E-MAIL CIRCULAR TO ALL ENGINEERING COLLEGES ON 4.3.2020 ISSUED BY THE UNIVERSITY EXHIBIT P8 TRUE COPY OF THE NOTIFICATION DATED 12.03.2020 ISSUED BY THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE FORMAT OF THE AFFIDAVIT RESPONDENTS' EXHIBITS Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES. Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.
Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.
Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.
Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.
Exhibit R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.
W.P.(C) No. 8335 of 2020 & con.cases 62Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.
Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.
Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.
Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.
Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.
Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY.
Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.
Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY.
W.P.(C) No. 8335 of 2020 & con.cases 63APPENDIX OF WP(C) 9247/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AFFILIATION DATED 15.05.2015 ISSUED BY THE KERALA TECHNOLOGICAL UNIVERSITY. EXHIBIT P2 TRUE COPY OF THE CHART SHOWING THE STUDENTS STRENGTH IN THE PETITIONER'S COLLEGE.
EXHIBIT P3 TRUE COPY OF THE EXTENSION OF AFFILIATION DATED 15.05.2019 ISSUED BY THE UNIVERSITY.
EXHIBIT P4 TRUE COPY OF THE NOTIFICATION DATED 28.03.2016 ISSUED BY THE UNIVERSITY.
EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 12.01.2017 ISSUED BY THE UNIVERSITY.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 21.02.2018 ISSUED BY THE UNIVERSITY.
EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED 12.03.2020 ISSUED BY THE UNIVERSITY.
EXHIBIT P8 TRUE COPY OF THE SUBMISSIONS MADE BY THE MINISTER BEFORE THE 14TH KERALA ASSEMBLY DATED 26.06.2019.
RESPONDENTS' EXHIBITS:
Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.
Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.
Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.
Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.
Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.
Exhibit R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.W.P.(C) No. 8335 of 2020 & con.cases 64
Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.
Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.
Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.
Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.
Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.
Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY.
Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.
Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY.W.P.(C) No. 8335 of 2020 & con.cases 65
APPENDIX OF WP(C) 9151/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOC DATED 16.7.2010 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE APPROVAL GIVEN BY THE AICTE DATED 14.7.2010.
EXHIBIT P3 TRUE COPY OF THE CHART SHOWING THE STUDENTS STRENGTH IN THE PETITIONER'S COLLEGE.
EXHIBIT P4 TRUE COPY OF THE EXTENSION OF AFFILIATION DATED 15.5.2019 ISSUED BY THE UNIVERSITY.
EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 28.3.2016 ISSUED BY THE UNIVERSITY.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 12.1.2017 ISSUED BY THE UNIVERSITY.
EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED 21.2.2018 ISSUED BY THE UNIVERSITY.
EXHIBIT P8 TRUE COPY OF THE NOTIFICATION DATED 12.3.2020 ISSUED BY THE UNIVERSITY.
EXHIBIT P9 TRUE COPY OF THE SUBMISSIONS MADE BY THE MINISTER BEFORE THE 14TH KERALA ASSEMBLY DATED 26.6.2019.
RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.
Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.
Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.
Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.
Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.
Exhibit R2(F) TRUE COPY OF THE NOTIFICATION W.P.(C) No. 8335 of 2020 & con.cases 66 NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.
Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.
Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.
Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.
Exhibit R2(j) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.
Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.
Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY.
Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.
Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY.
W.P.(C) No. 8335 of 2020 & con.cases 67APPENDIX OF WP(C) 9340/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CIRCULAR ISSUED BY THE CALICUT UNIVERSITY DATED 23.12.2015.
EXHIBIT P2 TRUE COPY OF THE SAID ORDER DATED 21.11.2016 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE AFFILIATION ORDER ISSUED IN FAVOUR OF 4TH PETITIONER DATED 15.05.2019.
EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015 DATED 12.03.2020 ISSUED BY 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 01.02.2018 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.
EXHIBIT R2(B) TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.159/2019/HEDN. DATED 11/06/2019.
EXHIBIT R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.
EXHIBIT R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.
EXHIBIT R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.
EXHIBIT R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/4156/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.
EXHIBIT R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.
EXHIBIT R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.
EXHIBIT R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.
W.P.(C) No. 8335 of 2020 & con.cases 68EXHIBIT R2(J) TRUE COPY OF THE MINUTES OF MEETING OF THE SYNDICATE DATED 29/11/2019.
W.P.(C) No. 8335 of 2020 & con.cases 69APPENDIX OF WP(C) 9342/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SUMMARY OF SANCTIONED INTAKE AND ACTUAL INTAKE OF STUDENTS FROM 2016-17 ONWARDS.
EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.27742/CDC-
A3/2014/CU ISSUED BY THE CALICUT UNIVERSITY DATED 23.12.2015.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015 DATED 12.03.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.KYU/A/456/2015 OF AFFILIATION DATED 15.05.2019.
EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE PROCEEDINGS OF THE 14TH KERALA ASSEMBLY HELD ON 26.6.2019.
EXHIBIT P6 TRUE COPY OF TRUE COPY OF THE NOTIFICATION ISSUED BY 2ND RESPONDENT DT.9.4.2020.
EXHIBIT-R2(K) TRUE COPY OF THE ORDER NO.U.O.1758/2020/KTU DATED 15.12.2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY EXHIBIT-R2(I) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 31.12.2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY W.P.(C) No. 8335 of 2020 & con.cases 70 APPENDIX OF WP(C) 9999/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25.04.2015 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 28.03.2016 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12.01.2017 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.
EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015 DATED 21.02.2018 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.
EXHIBIT P5 TRUE COPY OF THE ORDER/COMMUNICATION NO.KTU/A/456/2015 DATED 15.05.2019 PASSED BY THE 2ND RESPONDENT UNIVERSITY.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015 DATED 12.03.2020 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.
EXHIBIT P7 TRUE COPY OF THE SCREEN SHOT TAKEN FROM THE WEBSITE OF THE RESPONDENT UNIVERSITY WHICH SHOWS THE FEE.
W.P.(C) No. 8335 of 2020 & con.cases 71APPENDIX OF WP(C) 10084/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF STATEMENT PORTRAYING THE TOTAL SANCTIONED INTAKE AND ADMISSIONS IN THE 1ST PETITIONER COLLEGE DURING THE YEAR 2019-2020. EXHIBIT P2 TRUE COPY OF STATEMENT PORTRAYING THE TOTAL SANCTIONED INTAKE AND ADMISSIONS IN THE 2ND PETITIONER COLLEGE DURING THE YEAR 2019-2020. EXHIBIT P3 TRUE COPY OF ORDER OF AFFILIATION DATED 15/5/2019 OF UNIVERSITY ISSUED TO 1ST PETITIONER COLLEGE FOR THE ACADEMIC YEAR 2019- 2020.
EXHIBIT P4 TRUE COPY OF ORDER OF AFFILIATION DATED 15/5/2019 OF UNIVERSITY ISSUED TO 2ND PETITIONER COLLEGE FOR THE ACADEMIC YEAR 2019- 2020.
EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 13/2/2019 OF THE UNIVERSITY NOTIFYING THE FEE STRUCTURE FOR 2019-2020.
EXHIBIT P6 TRUE COPY OF THE WRITTEN OBJECTIONS 26/2/2019 SUBMITTED BY THE MANAGEMENTS ASSOCIATION TO THE STATE GOVERNMENT.
EXHIBIT P7 TRUE COPY OF THE EMAIL COMMUNICATION DATED 4/3/2020 OF THE UNIVERSITY ADDRESSED TO THE 1ST PETITIONER.
EXHIBIT P8 TRUE COPY OF THE EMAIL COMMUNICATION DATED 4/3/2020 OF THE UNIVERSITY ADDRESSED TO THE 2ND PETITIONER.
EXHIBIT P9 TRUE COPY OF THE NOTIFICATION DATED 30/4/2020 OF UNIVERSITY.
EXHIBIT P10 TRUE COPY OF THE PUBLICATION IN THE UNIVERSITY WEBSITE PORTAL ALLOTTED TO THE 1ST PETITIONER COLLEGE PORTRAYING AFFILIATION FEES.
EXHIBIT P11 TRUE COPY OF THE PUBLICATION IN THE UNIVERSITY WEBSITE PORTAL ALLOTTED TO THE 2ND PETITIONER COLLEGE PORTRAYING AFFILIATION FEES.
EXHIBIT P12 TRUE COPY OF THE NOTIFICATION DATED 16/4/2020 OF THE UNIVERSITY.
W.P.(C) No. 8335 of 2020 & con.cases 72EXHIBIT P13 TRUE COPY OF THE RELEVANT EXTRACT OF THE ONLINE APPLICATION DATED 8/5/2020 OF THE 1ST PETITIONER ALONG WITH AFFIDAVIT ADDRESSED TO THE UNIVERSITY.
EXHIBIT P14 TRUE COPY OF THE RELEVANT EXTRACT OF THE ONLINE APPLICATION DATED 8/5/2020 OF THE 2ND PETITIONER ALONG WITH AFFIDAVIT ADDRESSED TO THE UNIVERSITY.
RESPONDENT EXHIBITS EXHIBIT R1 NI. EXHIBIT R2 NIL. EXHIBIT R2 (A) TRUE COPY OF THE STATEMENT SHOWING THE FEE
STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGE.
EXHIBIT R2 (B) TRUE COPY OF THE GOVERNMENT ORDER (GO(MS) NO.159/2019/HEDN DATED 11.06.2019.
EXHIBIT R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25.04.2015 FOR THE ACADEMIC YEAR 2015-2016.
EXHIBIT R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28.03.2016 FOR THE ACADEMIC YEAR 2016-2017.
EXHIBIT R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12.01.2018 FOR THE ACADEMIC YEAR 2018-2019.
EXHIBIT R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21.02.2018 FOR THE ACADEMIC YEAR 2018-2019.
EXHIBIT R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07.07.2018 OF THE BOARD OF GOVERNORS.
EXHIBIT R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20.04.2019.
EXHIBIT R2(1) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20.04.2019.
EXHIBIT R2 (J) TRUE COPY OF THE MINUTES OF MEETING OF THE SYNDICATE DATED 29.11.2019.
EXHIBIT R2(k) TRUE COPY OF THE ORDER NO.U.O.1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANGELLOR W.P.(C) No. 8335 of 2020 & con.cases 73 OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY EXHIBIT R2(I) TRUE COPY OF THE RELEVANT MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY W.P.(C) No. 8335 of 2020 & con.cases 74 APPENDIX OF WP(C) 10919/2020 PETITIONER EXHIBITS EXHIBIT P1 THE STUDENTS STRENGTH IN THE PETITIONERS COLLEGE FROM THE YEAR 2009-2019 EXHIBIT P2 TRUE COPY OF THE AFFILIATION ORDER ISSUED BY THE 2ND RESPONDENT UNIVERSITY DATED 15.5.2019 EXHIBIT P3 TRUE COPY OF THE SAID NOTIFICATION DATED 28.3.2016 ISSUED BY THE UNIVERSITY EXHIBIT P4 TRUE COPY OF THE SAID NOTIFICATION DATED 12.1.2017 ISSUED BY THE UNIVERSITY EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 21.2.2018 ISSUED BY THE UNIVERSITY EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 12.3.2020 ISSUED BY THE UNIVERSITY EXHIBIT P7 TRUE COPY OF THE SUBMISSIONS MADE BY THE MINISTER BEFORE THE 14TH KERALA ASSEMBLY DATED 26.6.2019 W.P.(C) No. 8335 of 2020 & con.cases 75 APPENDIX OF WP(C) 34396/2017 PETITIONER EXHIBITS EXHIBIT-P1: A TRUE COPY OF THE MINORITY CERTIFICATE ISSUED TO THE YOUNUS COLLEGE OF ENGINEERING AND TECHNOLOGY, VADAKKEVILA, KOLLAM.
EXHIBIT-P2: A TRUE COPY OF THE MINORITY CERTIFICATE ISSUED TO THE YOUNUS COLLEGE OF ENGINEERING, THALACHIRA, KOLLAM.
EXHIBIT-P3: A TRUE COPY OF MINORITY CERTIFICATE ISSUED TO THE YOUNUS INSTITUTE OF TECHNOLOGY, KANNANELLOOR, KOLLAM.
EXHIBIT-P4: A TRUE COPY OF THE ORDER DATED 15.05.2017 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.
EXHIBIT-P5: A TRUE COPY OF THE ORDER DATED 15.05.2017 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.
EXHIBIT-P6: A TRUE COPY OF THE ORDER DATED 15.05.2017 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.
EXHIBIT-P7: A TRUE COPY OF THE ORDERS DATED 18.07.2014 ISSUED BY THE MAHATMA GANDHI UNIVERSITY.
EXHIBIT-P8: A TRUE COPY OF THE RELEVANT PAGES OF PROVISIONAL BALANCE SHEET OF THE 2ND RESPONDENT AS ON 31.03.2017.
EXHIBIT-P9: A TRUE COPY OF THE RELEVANT PAGED OF PROVISIONAL INCOME AND EXPENDITURE ACCOUNT FOR THE YEAR ENDED 31.03.2017.
EXHIBIT-P10: A TRUE COPY OF ONE SUCH REPRESENTATION SUBMITTED BY THE PETITIONER'S ASSOCIATION DATED 22.05.2017.
EXHIBIT-P11: A TRUE COPY OF THE INTERIM ORDER DATED 10.05.2013 IN W.P.(C) NO.12269/2013.
EXHIBIT R2(a) TRUE COPY OF THE ORDER U.O.NO.1010/2021/KTU DATED 29.06.2021 ISSUED BY THE UNIVERSITY.
EXHIBIT R2(b) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF ENGINEERING COLLEGES DATED 4.6.2020.