Allowed

Nirmala Educational Trust v. Government of Kerala

Kerala HC12 Aug 2011RP/612/2011

Case brief

AI extract

What is this about?

The High Court disposed of a review petition clarifying that a prohibitory order banning NOC issuance for new colleges did not apply to the petitioner who already had affiliation and AICTE approval. The Court directed the Government to issue the NOC following specific guidelines and that the petitioner's college would be included in upcoming inspections.

What did the court decide?

Prohibitory order dated 29.7.2011 held inapplicable; petitioner directed to obtain NOC as per guidelines; college to undergo inspection.

Nirmala Educational Trust Vs Government of Kerala — Education and Admissions | Kerala HC (2011)

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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 C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN

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FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933

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RP.No. 612 of 2011() -------------------AGAINST THE ORDER IN I.A. NO.358/2011 IN WA.2014/2010 ....................

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REVIEW PETITIONER/RESPONDENT NO.2/2ND APPELLANT:

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NIRMALA EDUCATIONAL TRUST, KUNNAPPILLY, MELOOR, CHGALAKKUDY-680 307, REP. BY CHAIRMAN-CUM-MANAGING TRUSTEE, SAJEEV ATTOLY.

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BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI

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RESPONDENTS/PETITIONERS AND RESPONDENTS 1,3&4:

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GOVERNMENT OF KERALA, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

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THE DIRECTOR OF TECHNICAL EDUCATION, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM-695 001.

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THE CONTROLLER OF ENTRANCE EXAMINATION, TECHNICAL EDUCATION DEPARTMENT, HOUSING BOARD BUILDING, TRIVANDRUM-695 001.

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ERNAKULATHAPPAN CHARITABLE EDUCATIONAL TRUST, KRISHNALAYAM 28/1031, RAMASWAMY IYER COLONY, S.A. ROAD, COCHIN-682 036.

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UNIVERSITY OF CALICUT, REP. BY ITS REGISTRAR, CALICUT UNIVERSITY, TENHIPALAM-673 635.

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ALL INDIA COUNSEL FOR TECHNICAL EDUCATION, REP. BY ITS CHAIRMAN, 7TH FLOOR, CHANDRALOK BUILDING, JANAPATH NEW DELHI-110 001.

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G.P. SRI.GEORGE MECHERIL FOR R1 TO R3 ADV. SRI.S.KRISHNAMOORTHY FOR R6

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.

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R.P. No.612 of 2011 in I.A. No.358 of 2011 in Writ Appeal No.2014 of 2010

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Dated this the 12th day of August, 2011.

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ORDER

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Ramachandran Nair, J.

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Review petitioner was the second appellant in the Writ Appeal who approached this court for direction to the University to consider request for affiliation. Writ Appeal was allowed directing the University to consider grant of affiliation to the appellants including the petitioner herein and based on the judgment, University has issued affiliation for commencement of the Engineering course for 2011-2012. The petitioner's case is that one more approval is required from the Government which Government is not issuing by virtue of the prohibitory order issued by this court on 29.7.2011 in the disposed of Writ Appeal prohibiting issuance of NOC for starting new colleges. Since petitioner has already obtained approval from AICTE and affiliation from University, our prohibitory order does not apply to the petitioner. However, the general order issued by this court to the

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committee constituted by the Government to conduct inspection will apply to petitioner's college as well and after commencement of the college, it is for the committee to conduct inspection this year itself and cover the petitioner's case also in their report. Similarly while considering NOC to petitioner, Government should follow our order in I.A. No.587/2011 and connected I.As. issued today in similar cases. R.P. is disposed of declaring that the prohibitory order issued by us on 29.7.2011 does not stand in the way of the Government issuing NOC for commencement of petitioner's college as stated above.

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C.N.RAMACHANDRAN NAIR Judge

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P.S.GOPINATHAN Judge

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pms

Nirmala Educational Trust v. Government of Kerala

Case brief

What is this about?

What did the court decide?

Nirmala Educational Trust v. Government of Kerala

Case brief

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What did the court decide?

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