Writ appeal dismissed. Single Judge order on impleadment held: since Ministry of External Affairs is impleaded, impleadment of students not necessary; rest of interim order maintained.
Interim order directing impleadment of students set aside; rest of interim order maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 15TH DAY OF JANUARY 2016/25TH POUSHA, 1937
WA.No. 17 of 2016 ()
------------------------------(AGAINST THE ORDER IN WP(C).NO. 38673/2015 DATED 22-12-2015) -------------
APPELLANT/PETITIONER:
T.K.M. INSTITUTE OF MANAGEMENT, MUSALIAR HILLS, KARUVELIL P.O., EZHUKONE, KOLLAM - 691 505, REPRESENTED BY THE DIRECTOR.
BY ADV. SRI.GEORGE POONTHOTTAM
RESPONDENT(S)/RESPONDENTS:
1. UNIVERSITY OF KERALA, THIRUVANANTHAPURAM- 695 034, REPRESENTED BY THE REGISTRAR.
2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM-695 034.
R1 & R2 BY SRI.PAUL JACOB, SC, UNIVERSITY OF KERALA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
ASHOK BHUSHAN, CJ &
A.M.SHAFFIQUE, J.
*** * * * * * * * * * * * *** W.A.No.17 of 2016
Dated this the 15th day of January 2016
J U D G M E N T
Ashok Bhushan, CJ
Heard learned counsel for the appellant as well as the learned counsel appearing for the University.
“i) Issue a writ of certiorari calling for the records leading to Ext.P9 and quash the same.
ii) Issue a writ declaring that the decision of the executive committee of the Centre for Global Academics held on 7-10-2015 regarding admission of foreign students and their allotment to self financing colleges is illegal and irrational and therefore bad in law.
Iii) Issue a writ in the nature of mandamus directing the respondents to register the five students who are given admission for the MBA programme
W.A.No.17/2016
2
offered by the petitioner institute to be registered for the University examination along with other students who have joined for the said course in the petitioner institution during the academic year 2015-16 ignoring the decision referred to in Ext.P9 and communicated through Ext.P9.
iv) Pass such other order or direction as this Court may deem fit and proper in the interest of justice.”
W.A.No.17/2016
3
who can effectively place the case of the foreign students.
This writ appeal is disposed of as above.
(sd/-)
(ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE)
True Copy PA to Judge
jsr/15/01/16
1 issue framed by the court
Whether foreign students require impleadment in a writ appeal against an interim order directing their impleadment given the Ministry of External Affairs is already impleaded.
T.K.M. Institute of Management
University of Kerala
The Controller of Examinations, University of Kerala
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
