Dismissed

Sree Narayana Educational Society v. State of Kerala

Kerala HC9 Aug 2016WP(C)/26485/2016

Case brief

AI extract

What is this about?

This writ petition challenged directives by the Admission Supervisory Committee regarding MBA admissions. The petitioner sought to accept September MAT scores and postpone classes due to seat vacancies and pending exam results. The Court rejected the plea, ruling that seat vacancies do not justify altering the schedule or accepting future examination scores that would delay the academic session, d

What the court decided

AI extract

Sree Narayana Educational Society Vs State of Kerala — Education and Admissions | Kerala HC (2016)

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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.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 9TH DAY OF AUGUST 2016/18TH SRAVANA, 1938

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WP(C).No. 26485 of 2016 (I)

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PETITIONER :

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SREE NARAYANA EDUCATIONAL SOCIETY, NEAR FOURTH RAILWAY GATE, AUROBINDO GHOSH ROAD, KOZHIKODE DISTRICT, PIN - 673 032, REPRESENTED BY IT'S GENERAL SECRETARY K.SAJEEV SUNDAR.

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BY ADVS.SRI.C.A.MAJEED

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SRI.K.H.ASIF SMT.MOLTY MAJEED SRI.K.J.SHARATH KUMAR

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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ADMISSION SUPERVISORY COMMITTEE & FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES OF KERALA, REPRESENTED BY ITS CHAIRMAN, TC 15/1553-4, PRASANTHI BUILDINGS, M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPRUAM - 695 014.

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UNIVERSITY OF CALICUT REPRESENTED BY THE REGISTRAR, THENHIPALAM, CALICUT - 673 635.

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BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN BY SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERS BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 26485 of 2016 (I)

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APPENDIX

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PETITIONER'S EXHIBITS :-

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----------------------P1 A PHOTOCOPY OF THE EXTENSION OF APPROVAL FOR THE ACADEMIC YEAR 2016-17 ISSUED BY AICTE DTD.5.4.2016.

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P2 A PHOTOCOPY OF THE EXTENSION OF AFFILIATION GRANTED BY 3RD RESPONDENT DT. 13.6.2016.

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P3 A PHOTOCOPY OF THE DIRECTIVES ISSUED BY THE 2ND RESPONDENT DT. 11.5.2015.

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P4 A PHOTOCOPY OF THE DECISION OF THE 2ND RESPONDENT DTD.21.5.2016.

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P5 A PHOTOCOPY OF THE ORDE DT. 24.11.2015 OF THE 2ND RESPONDENT.

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P6 A PHOTOCOPY OF THE ORDER DT. 07.6.2016 OF THE 2ND RESPONDENT.

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P7 A PHTOCOPY OF THE REPRESENTATION OF THE PETITONER DTD.16.6.2016.

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P8 A PHOTOCOPY OF THE REPRESENTATION OF THE PETITIONER DTD.16.6.2016.

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P9 A PHOTOCOPY OF THE RELEVANT PORTION OF THE MATHRUBHUMI DAILY DTD. 25.7.2016.

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RESPONDENTS' EXHIBITS :- NIL.

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True copy

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P.A to Judge

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P.R.RAMACHANDRA MENON & ANIL K.NARENDRAN, JJ.

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W.P.(C)No.26485 of 2016

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-----------------------------------------------------------------Dated this the 9^th day of August, 2016

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JUDGMENT

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Anil K.Narendran, J.

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This Writ Petition is filed by a registered society offering MBA course in its institution, namely, SNES Institute of Management Studies and Research under the Calicut University, the 3^rd respondent herein, seeking a writ of mandamus commanding the Admission Supervisory Committee for Professional Courses, the 2^nd respondent herein, to allow the petitioner to consider September 2016 MAT Score for admission to MBA course for the academic year 2016–17 as requested in Ext.P8 representation and seeking a writ of mandamus commanding the 2^nd respondent to postpone the commencement of MBA classes for the academic year 2016–17 until the completion of admission process as above.

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We heard the learned counsel for the petitioner, the learned Senior Government Pleader for the 1^st respondent State, the learned Standing Counsel for the 2^nd respondent Committee and also the learned Standing Counsel for the 3^rd respondent University.

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Going by the averments in the writ petition, the grievance of the petitioner is that, even after the admission process undertaken

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W.P.(C)No.26485 of 2016

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for admission to MBA course for the academic year 2016-17, based on the National level entrance examinations like Common Admission Test (CAT) conducted by the Indian Institutes of Management (IIM), Common Management Admission Test (CMAT) conducted by the All India Council for Technical Education (AICTE) and also Kerala Management Aptitude Test (KMAT Kerala) conducted by the Universities in Kerala under the supervision of the 2^nd respondent Committee, the management institutions in Kerala are not getting the required number of students. Till the academic year 2015-16, the Association of Self-financing Management Institutions in Kerala (ASMIK) had been conducting a separate Management Aptitude Test, namely, 'ASMIK MAT'. However, the 2^nd respondent Committee, while issuing directives vide Ext.P3 proceedings dated 11.5.2015, for the conduct of MBA course in the self-financing institutions in Kerala, have insisted that from the academic year 2015-16 the students seeking admission to MBA course should have a positive score in any one of the following tests; 'CAT' by IIM, 'MAT' by AIMA and 'CMAT' by AICTE. Feeling aggrieved by the above directive, which in effect prevents the Association of Self-financing Management Institutes in Kerala from conducting 'ASMIK MAT', the said society submitted a representation through the Association dated 16.6.2016 before the 2^nd respondent

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Committee, requesting to postpone the KMAT Kerala exam by one month and conduct the same in July, 2016 and secondly requesting to allow to accept the September 2016 MAT score for admissions to the academic year. Thereafter as scheduled the second KMAT Kerala exam was held on 26.6.2016 and results were declared on 4.7.2016.

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Based on the directives of the 2^nd respondent Committee Kerala Management Aptitude Test (KMAT) was conducted by the Calicut University, for admission to MBA course for the academic year 2015-16. Since the State of Karnataka is conducting an entrance test by name 'KMAT India', it was decided in Ext.P5 proceedings of the 2^nd respondent Committee to change the name of the entrance test conducted in Kerala as 'KMAT Kerala'. It was also decided that KMAT Kerala for the year 2016 shall be held on 31.1.2016. After group discussions and interview as per the University regulations, the closing date of admission shall be 31.5.2016. The task of conducting KMAT Kerala for the year 2016 was entrusted to Kannur University. It was also decided in Ext.P5 that, the Universities should publish the result of the degree course in time so as to enable the candidates to apply and appear for KMAT Kerala. In case of delay in the declaration of result, the candidates should be allowed to appear for the test and join the MBA course and such candidates should produce their degree

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certificate before registration of their name with the concerned University. By Ext.P5, the directives contained in Ext.P3 was modified to the above extent.

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The 1^st KMAT Kerala entrance test was conducted by Kannur University, under the supervision of the 2^nd respondent Committee, on 3.4.2016 and the result of the same was published on 13.4.2016. According to the petitioner, since there was delay on the part of the Universities in Kerala in declaring the results of the degree courses, many of the candidates could not take part in 1^st KMAT Kerala. Therefore, requests were made before the 2^nd respondent Committee to conduct one more KMAT Kerala for the year 2016 and also to extend the date of admission. After considering the said requests, it was decided vide Ext.P6 proceedings dated 7.6.2016 of the 2^nd respondent Committee that, the closing date of admission to MBA course for the year 2016 scheduled on 31.5.2016 with commencement of academic session on 1.6.2016 will be rescheduled by fixing the last date of application as 15.7.2016, the closing date of admission as 31.7.2016 and the date of commencement of academic session as 1.8.2016. It was made clear in Ext.P6 that, the rescheduled dates as above shall be applicable only for the academic year 2016-17.

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By Ext.P6 proceedings of the 2^nd respondent committee, the Kannur University was directed to conduct 2^nd KMAT Kerala on 26.6.2016 and to declare the result on 4.7.2016. Due to variations in the declaration of results by different Universities, it was decided in Ext.P6 that, there shall be two KMAT Kerala for the next academic year, the 1^st examination on the 1^st Sunday of April and the 2^nd examination on the 1^st Sunday of November of that year. It was also made clear that, the arrangement of conducting two KMAT Kerala in a year shall be a permanent arrangement and each University will conduct the entrance test in rotation under the supervision of the 2^nd respondent Committee.

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The Association of Managements submitted Exts.P7 and P8 representations dated 16.6.2016 before the 2^nd respondent Committee requesting to postpone the 2^nd KMAT Kerala to July 2016 and to accept September 2016 MAT score (Management Aptitude Test conducted by the All India Management Association) for admission to MBA course for the academic year 2016-17. However, no reply was received to the said representation. As already scheduled, the 2^nd KMAT Kerala was conducted on 26.6.2016 and the result was published on 4.7.2016.

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According to the petitioner, even after 2^nd KMAT Kerala almost 50% of the seats are lying vacant in the institutions under the

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Association of Management Institutes in Calicut University, as the students were awaiting the result of their degree examination. Relying on Ext.P9 notification dated 25.7.2016, the petitioner would contend that, the 2^nd respondent Committee has allowed a 2^nd entrance test for MCA course for the academic year 2016-17 to be conducted on 6.8.2016, in order to enable the students awaiting their results in the BCA examination. However, the Committee has not adopted a similar course in the matter of admission to MBA course.

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As evident from Ext.P5 proceedings of the 2^nd respondent Committee, taking into consideration the delay on the part of the Universities in Kerala in publishing the result of the degree course, it was decided that in case of delay in the declaration of result the candidates should be allowed to appear for KMAT Kerala on condition that they should produce the degree certificate before registration of their name with the concerned University. In terms of the said decision, the candidates appearing for their final examination of the qualifying degree were also permitted to apply for KMAT Kerala, provided they secure their degree on or before the date fixed for admission to MBA course.

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Originally, 1^st KMAT Kerala was scheduled to be conducted on 31.1.2006. It was postponed and conducted only on 3.4.2016. On

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the basis of the representations that, due to the delay on the part of the Universities in Kerala in declaring the result of the final degree examinations, many of the candidates could not take part in the 1^st KMAT Kerala, the 2^nd respondent Committee by Ext.P6 proceedings decided to conduct 2^nd KMAT Kerala on 26.6.2016 and to postpone the closing date of admission to MBA course for the year 2016 from 31.5.2016 to 31.7.2016, with 1.8.2016 as the date of commencement of academic session. Now the grievance of the petitioner is that even after 2^nd KMAT Kerala almost 50% of the MBA seats are lying vacant in the institutions under the Association of Management Institutions in Calicut University, as the students were awaiting the result of their degree examination.

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Merely for the reason that, even after 2^nd KMAT Kerala the management institutions could not get sufficient number of students in their institutions is not valid ground either to postpone the closing date for admission to MBA course for the academic year 2016-17 or to consider September 2016 MAT score for admission. September 2016 MAT conducted by AIMA is scheduled to be held during the 1^st /2^nd week of September 2016 and the result is scheduled to be announced during the last week of September 2016. If the managements are permitted to make admission on the basis of September 2016 MAT score, the

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commencement of academic session for the year 2016 will have to be postponed further from 1.8.2016, which would be detrimental to the interest of the students who already secured admission for MBA course during the academic year 2016 based on their score in the 1^st /2^nd KMAT Kerala, CAT, etc. In that view of the matter, we find that the petitioner is not entitled for the reliefs prayed for in this writ petition.

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In the result, the Writ Petition fails and the same is accordingly

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dismissed. No order as to costs.

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Sd/- P.R.RAMACHANDRA MENON, JUDGE

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Sd/- ANIL K.NARENDRAN, JUDGE

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skj

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True copy

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P.A to Judge

Sree Narayana Educational Society v. State of Kerala

Case brief

What is this about?

What the court decided

Sree Narayana Educational Society v. State of Kerala

Case brief

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