Partly allowed

Fathima Memorial Educational Trust v. State of Kerala

Kerala HC12 Nov 2009WP(C)/12704/2009

Case brief

AI extract

What is this about?

The court, guided by an NCTE order permitting the course, directed the Kerala University to expedite the affiliation decision for the M.Ed degree course at Fathima Memorial Training College for the 2010-2011 academic year, including necessary inspection or information call, by April 30, 2010.

What did the court decide?

Injunction to dispose of affiliation application by April 30, 2010.

Fathima Memorial Educational Trust Vs State of Kerala — Education and Admissions | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN

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THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931

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WP(C).No. 12704 of 2009(G)

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---------------------------------------

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PETITIONER:

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-------------------

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FATHIMA MEMORIAL EDUCATIONAL TRUST, REP.BY ITS CHAIRMAN,A.YOUNUS KUNJU, PALLIMUKKU,VADAKKAVILA P.O,KOLLAM.

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BY SMT. V.P. SEEMANTHINI, SENIOR ADVOCATE, ADVS. SMT.S.KARTHIKA, MR.M.S.UNNIKRISHNAN, SMT.K.P.GEETHA MANI.

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RESPONDENTS:

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------------------------

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1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT, GOVT.SECRETARIAT,TRIVANDRUM.

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2. NATIONAL COUNCIL FOR TEACHERS EDUCATION, REP.BY ITS REGIONAL DIRECTOR,SOUTHERN REGIONAL COMMITTEE,C.S.D BUILDING,HMT COMPLEX,HMT POST, BANGALORE- 560 031.

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3. THE UNIVERSITY OF KERALA, REP.BY ITS REGISTRAR,UNIVERSITY CAMPUS, TRIVANDRUM.

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R1 BY GOVT. PLEADER MR. K. RAMESH, R2 BY MR.V.M.KURIAN, S.C, N.C.T.E, R3 BY MR.M.RAJAGOPALAN NAIR, SC, KERALA UTY.,

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.12704/2009-G:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P.1: COPY OF THE G.O.(MS).NO.18/2005/H. EDN. DTD. 01/03/2005.

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EXT.P.2: COPY OF THE ORDER DTD. 30/08/2008 ISSUED BY THE R.2.

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EXT.P.3: COPY OF THE LETTER DTD. 23/09/2008 BY THE PETITIONER BEFORE THE R.2.

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EXT.P.4: COPY OF THE COMMUNICATION DTD. 06/10/2008 ISSUED BY THE R.2.

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EXT.P.5: COPY OF THE LETTER DTD. 27/01/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.2.

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EXT.P.6: COPY OF THE APPLICATION ALONG WITH COVERING LETTER DTD. 20/08/2008. EXT.P.7: COPY OF THE LETTER DTD. 09/09/2008 BY THE PETITIONER BEFORE THE R.3. EXT.P.8: COPY OF THE LETTER ISSUED BY THE R.3. TO THE PETITIONER DTD. 30/01/09. EXT.P.9: COPY OF THE LETTER DTD. 07/02/09 BY THE PETITIONER BEFORE THE R.3.

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EXT.P.10: COPY OF THE LETTER DTD. 15/10/2009 ISSUED BY THE R.2.

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RESPONDENTS' ANNEXURE:

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ANNEXURE-A: COPY OF THE ORDER DTD. 15/10/2009 PASSED BY THE R.2.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

P.N.RAVINDRAN, J.

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W.P.(C) No. 12704 OF 2009

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Dated this the 12^th day of November, 2009

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J U D G M E N T

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Heard Smt. V.P.Seemanthini, the learned Senior Advocate appearing for the petitioner and Sri. M.Rajagopalan Nair, the learned standing counsel appearing for the Kerala University.

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Though in this writ petition the main prayer is to quash Ext.P8 and to grant affiliation for the M.Ed degree course from this academic year onwards, today when the writ petition came up for hearing, the learned Senior Advocate appearing for the petitioner submitted that this writ petition may be disposed of with a direction to the Kerala University to grant affiliation for the next academic year (2010-2011) in the light of the application that has already been filed and is pending with the University, having regard to Ext.P10 order passed by the National Council for Teacher Education. The learned counsel submitted that the University may be directed to take an expeditious decision on the application in order to avoid any delay in admitting students in the event of affiliation being granted in the next academic year.

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The learned standing counsel appearing for the Kerala University submits that the application for affiliation of the M.Ed degree course received and pending with the University is valid for a period of two years and that the University will take a decision on the said application having regard to Ext.P10 order passed by the National Council for Teacher

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W.P.(C) No. 12704/09

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Education. In view of the fact that the National Council for Teacher Education has by Ext.P10 order permitted petitioner to start the M.Ed degree course with an annual intake of 25 students during the current academic year itself, I am of the opinion that the University should endeavour to have the application considered and disposed of expeditiously.

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I accordingly dispose of this writ petition with a direction to the respondents to pass orders on the application for affiliation submitted by the petitioner for grant of affiliation for the M.Ed degree course in Fathima Memorial Training College for the academic year 2010-2011 by conducting the necessary inspection or calling for relevant information having regard to Ext.P10 order of the National Council for Teacher Education on or before 30.4.2010. The respondents shall while passing orders on the application for affiliation, have due regard to the decision of this Court in Vikram

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Sarabhai E. Trust & B.Ed College v. University of Calicut (2008 (2) KLT

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1027) and the principles of law laid down therein .

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P.N.RAVINDRAN, JUDGE

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vps

Fathima Memorial Educational Trust v. State of Kerala

Case brief

What is this about?

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Fathima Memorial Educational Trust v. State of Kerala

Case brief

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