Allowed

T.K.M.Institute of Management v. University of Kerala

Kerala HC15 Nov 2018WP(C)/14007/2017

Case brief

AI extract

What is this about?

Held that University of Kerala cannot prohibit admission of foreign students sponsored by Central Government to self-financing affiliated colleges. Immigration concerns cannot justify a ban. University directed to issue certificates to eligible students without delay.

What did the court decide?

Set aside prohibition of admission of foreign students. Directed University to issue certificates to eligible students within one month.

T.K.M.Institute of Management Vs University of Kerala — Education and Admissions | Kerala HC (2018)

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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 A.MUHAMED MUSTAQUE

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THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940

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WP(C).No. 38673 of 2015

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PETITIONER:

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T.K.M.INSTITUTE OF MANAGEMENT

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MUSALIAR HILLS, KARUVELIL.P.O., EZHUKONE, KOLLAM - 691 505, REPRESENTED BY THE DIRECTOR.

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BY ADVS. SRI.GEORGE POONTHOTTAM SMT.NISHA GEORGE

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RESPONDENTS:

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1 UNIVERSITY OF KERALA THIRUVANANTHAPURAM - 695 034, REPRESENTED BY THE REGISTRAR.

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2 THE CONTROLLER OF EXAMINATIONS UNIVERSITY OF KERALA, THIRUVANANTHAPURAM - 695 034.

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BY ADVS. SRI.PAUL JACOB, SC, UNIVERSITY OF KERALA SMT.C.G.PREETHA, CGC SRI.PAUL JACOB SC UNIVERSITY OF KERALA SRI.THOMAS ABRAHAM SC UNIVERSITY OF KERALA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.11.2018, ALONG WITH WP(C).36493/2016, WP(C).14007/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos.38673/2015 ,36493/2016 ,14007/2017

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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 A.MUHAMED MUSTAQUE

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THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940

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WP(C).No. 36493 of 2016

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PETITIONER:

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THE PRINCIPAL, T.K.M. COLLEGE OF ARTS AND SCIENCE KOLLAM.

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BY ADV. SRI.GEORGE POONTHOTTAM

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RESPONDENTS:

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1 THE UNIVERSITY OF KERALA

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REP. BY THE REGISTRAR, THIRUVANANTHAPURAM-695001

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2 CENTRE FOR GLOBAL ACADEMICS

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UNIVERSITY OF KERALA,REP. BY THE VICE CHANCELLOR PIN695001.

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BY ADVS.

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SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI.THOMAS ABRAHAM SC UNIVERSITY OF KERALA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.11.2018, ALONG WITH WP(C).38673/2015, WP(C).14007/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos.38673/2015 ,36493/2016 ,14007/2017

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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 A.MUHAMED MUSTAQUE

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THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940

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WP(C).No. 14007 of 2017

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PETITIONER:

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T.K.M.INSTITUTE OF MANAGEMENT

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MUSALIYAR HILLS, KARUVELLI PO, EZHUKONE, KOLLAM-691 505, REPRESENTED BY THE DIRECTOR.

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BY ADV. SRI.GEORGE POONTHOTTAM

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RESPONDENTS:

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1 UNIVERSITY OF KERALA THIRUVANANTHAPURAM, REPRESENTED BY THE REGISTRAR, THIRUVANANTHAPURAM-695034.

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2 THE CONTROLLER OF EXAMINATIONS UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695034.

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BY ADVS.

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SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI.THOMAS ABRAHAM SC UNIVERSITY OF KERALA

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SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.11.2018, ALONG WITH WP(C).38673/2015, WP(C).36493/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos.38673/2015 ,36493/2016 ,14007/2017

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J U D G M E N T

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These writ petitions are related to the challenge against the decision of Kerala University. These matters concern admission of foreign students in TKM Institute of Management and TKM College of Arts and Science, Kollam. Students from Nepal and Bhutan got admitted to the Management Institute as well as Arts College for various programs. This was based on a sponsorship by EdCIL (India) Limited, New Delhi, a Central Government Enterprise. It is a nodal agency for arranging admission and placement of international students to pursue study and training in India.

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The foreign students in the petitioner's college are enrolled into various programs such as MBA and other arts courses. The University particularly noting that foreign students' movement is difficult to supervise, appears to have taken a decision that no self financing college shall admit foreign students. It seems University received a communication from Bureau of Immigration, Thiruvananthapuram pointing out instances of foreign students

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WP(C)Nos.38673/2015 ,36493/2016 ,14007/2017

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leaving the jurisdiction without obtaining proper consent from the guide or approval from Immigration Authority. Apart from that, the University is of the view that these students were admitted in violation of provisions of University laws for admission of foreign students. The case of the University is that the 'Foreign Students Admission Committee' (FSAC) which was later renamed 'Centre for Global Academics' (CGA) will have to process and scrutinize the eligibility of such foreign students and thereafter, based on their satisfaction, the University can permit foreign students to be admitted in the colleges.

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A statement was filed on behalf of the Additional 3^rd respondent, Union of India in WP(C) No. 38673/2015. Sponsorship is provided by Government of India as part of bilateral agreements between various nations and it is part of diplomatic relations. As mentioned earlier, it is the option of the candidates to join an institution following their evaluation on the quality of education imparted, so also the academic excellence. When a candidate is thus sponsored who is otherwise qualified in pursuing the studies it is not optional for the University to refuse registration and cause hurdles to a

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WP(C)Nos.38673/2015 ,36493/2016 ,14007/2017

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candidate who is sponsored by Government of India in continuing his/her studies. Such decisions would undermine diplomatic initiatives undertaken by the Government of India.

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The petitioner also produced an agreement entered with EdCIL. It is by virtue of this agreement foreign students are sponsored by the nodal agency. The University will have to honor the bilateral treaty entered by India with Nepal or any other foreign country.

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University cannot stand in the way of students who are sponsored through such nodal agency which is recognized by the Central Government. The University can give instructions to such affiliated colleges to take measures in ensuring compliance of immigration laws. The University cannot prevent the admission of foreign students to the colleges based on the sponsorship of the Central Government or other recognized agencies of Central Government.

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As seen from R1(a) produced in WP(C) No.14007/2017 serious concern was raised as to the movement of foreign students. That appears to be in respect of students who were directly registered under the Kerala University. Immigration related issue cannot be a reason for

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WP(C)Nos.38673/2015 ,36493/2016 ,14007/2017

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the University to prohibit admissions in self financing college. University can always insist that self financing colleges should admit students, who are having academic standards fixed by University. The University can only insist self financing college to comply such matter which pertains to conditions for affiliation and not beyond. Anyhow, the students who have enrolled so far with the University should be given all certificates provided they have completed the course and passed the examination.

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As noted above, the University can impose restrictions consistent with affiliation laws and not beyond. Therefore, the University cannot impose a condition that foreign students shall not be admitted unless University is of the view that they are ineligible according to the academic standards of the University.

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Therefore, these writ petitions are disposed setting aside the order of prohibition of admission of the foreign students. University is directed to issue certificates in accordance with the law. Needful shall be done to issue certificates to such students who have successfully completed the course without any delay at any rate within a period of

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one month. The University shall note that foreign student cannot be

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detained here for a long and they shall be given their certificates at the

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earliest.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

APPENDIX OF WP(C) 38673/2015

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PETITIONER'S EHIBITS:

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EXHIBIT P1	EXT.P1: TRUE COPY OF THE NO.PS/MEA-NEPAL/2015 DATED 21/	COMMUNICATION 3/2015.
EXHIBIT P2	EXT.P2: TRUE COPY OF THE NO.TIM/FS-EDCIL/01/2015 DATED ENCLOSURES.	COMMUNICATION 13/4/2015 WITH
EXHIBIT P3	EXT.P3: TRUE COPY OF THE NO.KAT/EDU/CP/233/SJSS/2015 DA	COMMUNICATION TED 25/5/2015.
EXHIBIT P4	EXT.P3(A): TRUE COPY OF THE NO.KAT/EDU/CP/233/SJSS/2015 DA	COMMUNICATION TED 25/5/2015.
EXHIBIT P5	EXT.P3(B): TRUE COPY OF THE NO.KAT/EDU/CP/233/SJSS/2015 DA	COMMUNICATION TED 25/5/2015.
EXHIBIT P6	EXT.P4: TRUE COPY OF THE NO.TIM/DIR/FS/2015 DATED 18/6/	COMMUNICATION 2015.
EXHIBIT P7	EXT.P5: TRUE COPY OF THE COMMU 13/8/2015 GIVEN BY THE PETITIO	NICATION DATED NER.
EXHIBIT P8	EXT.P6: TRUE COPY OF THE NO.AC.D/1/CGA-6/2015 DATED 31/	COMMUNICATION 8/2015.
EXHIBIT P9	EXT.P.6(A): TRUE COPY OF THE NO.AC.D/1/CGA-5/2015 DATED 31/	COMMUNICATION 8/2015.
EXHIBIT P10	EXT.P7: TRUE COPY OF THE NO.TIM/DIR/FS/2015 DATED 16/9/	COMMUNICATION 2015.
EXHIBIT P11	EXT.P8: TRUE COPY OF THE NO.AC.D/1/41113/2015 DATED 8/1	COMMUNICATION 0/2015.
EXHIBIT P12	EXT.P9: TRUE COPY OF THE NO.AC.D/1/41831/2015 DATED 31/	COMMUNICATION 10/2015.
EXHIBIT P13 RESPONDENTS	EXT.P10: TRUE COPY OF THE NO.TIM/DIR/FS/2015 DATED 6/11/ THE REGISTRAR, UNIVERSITY OF K EXHIBITS:NIL	COMMUNICATION 2015 GIVEN TO ERALA.

\TRUE COPY//

PA TO JUDGE

APPENDIX OF WP(C) 36493/2016

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PETITIONER'S EXHIBITS:

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EXHIBIT P1: TRUE COPY OF THE APPLICATION FOR ADMISSION OF FOREGIN STUDENTS EXHIBIT P2: TRUE COPY OF THE COMMUNICATION GIVEN TO THE RESPONDENT UNIVERSITY BYU THE PETITIONER EXHIBIT P3: TRUE COPY OF THE COMMUNICATION GIVEN BY THE FIRST RESPONDENT NO.AC.D/1/36446/2016 DATED 28.10.2016 EXHIBIT P4: TRUE COPY OF THE REGULATIONS ALONG WITH THE COVERING LETTER.

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RESPONDENTS EXHIBITS:NIL

\TRUE COPY//

PA TO JUDGE

APPENDIX OF WP(C) 14007/2017

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1	THE FORW	TRUE COPY OF THE ARDED BY EDCIL D	LIST OF CANDIDATES ATED 21.3.2015
EXHIBIT	P2	THE THE THE	TRUE COPY OF THE EMBASSY OF INDIA CHAIRMAN OF THE	COMMUNICATION ISSUED BY AT KTMANDU ADDRESSED TO TRUST DATED 25.5.2015
EXHIBIT	P3	THE THE THE	TRUE COPY OF THE EMBASSY OF INDIA CHAIRMAN OF THE	COMMUNICATION ISSUED BY AT KTMANDU ADDRESSED TO TRUST DATED 11.9.2015
EXHIBIT	P4	THE THE THE	TRUE COPY OF THE EMBASSY OF INDIA CHAIRMAN OF THE	COMMUNICATION ISSUED BY AT KTMANDU ADDRESSED TO TRUST DATED 11.9.2015
EXHIBIT	P5	THE 31.8	TRUE COPY OF THE .2015 ISSUED BY	COMMUNICATION DATED THE UNIVERSITY OF KERALA
EXHIBIT	P6	THE THE	TRUE COPY OF THE UNIVERSITY OF KE	COMMUNICATION GIVEN BY RALA DATED 8.10.2015
EXHIBIT	P7	THE 31.1 KERA	TRUE COPY OF THE 0.2015 ISSUED BY LA	COMMUNICATION DATED THE UNIVERSITY OF
EXHIBIT	P8	THE WPC	TRUE COPY OF THE NO.38673 OF 2015	INTERIM ORDER PASSED IN DATED 22.12.2015
EXHIBIT	P9	THE THE	TRUE COPY OF THE UNIVERSITY OF KE	COMMUNICATION ISSUED BY RALA DATED 24.2.2016
EXHIBIT	P10	THE I.A.	TRUE COPY OF THE NO.3336 OF 2016	INTERIM ORDER IN DATED 29.3.2016
EXHIBIT	P11	THE	TRUE COPY OF THE	ORDER DATED 27.5.2016
EXHIBIT RESPOND	P12 ENTS	THE THE EXAM EXHIBITS:NIL	TRUE COPY OF THE UNVIERSITY FOR T INATIONS.	HALL TICKETS ISSUED BY HE THREE SEMESTER

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\TRUE COPY//

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PA TO JUDGE

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T.K.M.Institute of Management v. University of Kerala

Case brief

What is this about?

What did the court decide?

T.K.M.Institute of Management v. University of Kerala

Case brief

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What did the court decide?

What the court decided

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