The petitioner challenged the State Government's compliance with AICTe guidelines regarding perspective planning for diploma courses. The court treated the State's submission that such a plan existed and would be extended to diploma courses. The petition was disposed of shortly after recording these submissions.
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
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
THURSDAY, THE 22ND DAY OF FEBRUARY 2018 / 3RD PHALGUNA, 1939 WP(C).No. 1940 of 2018
PETITIONER(S)
DEJO KAPPEN AGED 61 YEARS, S/O. LATE K.C JOSEPH, KAPPIL HOUSE, MEENACHIL P.O PALA - 686 577, KOTTAYAM DISTRICT. BY ADVS.SRI.SANTHOSH MATHEW SRI.P.M.SANEER SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.MARIA ROY SMT.VEENA RAVEENDRAN
RESPONDENT(S):
R2 BY ADV. SRI.JAYKAR K.S., SC, AICTE R1 & 4 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY R3 BY SRI.S.KRISHNAMOORTHY, SC, KTU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1940 of 2018 (S)
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 PHOTOCOPY OF CHAPTER I OF THE APPROVAL PROCESS HANDBOOK 2018-19 ISSUED BY ALL INDIA COUNCIL OF TECHNICAL EDUCATION. |
|---|
| EXHIBIT P2 TRUE COPY OF APPENDIX NO.16 OF THE APPROVAL PROCESS HANDBOOK FOR THE YEAR 2018-19 ISSUED BY ALL COUNCIL OF TECHNICAL EDUCATION. |
| EXHIBIT P3 TRUE COPY OF THE LIST OF ENGINEERING COLLEGES OFFERING UNDER GRADUATE COURSES IN THE UNAIDED PRIVATE SECTOR APPROVED BY THE AICTE. |
| EXHIBIT P4 TRUE COPY OF THE LIST OF APPROVED INSTITUTES IN ENGINEERING AND TECHNOLOGY DIPLOMA UNAIDED - PRIVATE FOR THE STATE OF KERALA FOR THE ACADEMIC YEAR 2017-18 APPROVED BY THE AICTE. |
| EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER - G.O(MS) NO.113/2010/H.EDN. DATED 9-6-2010. |
| EXHIBIT P6 TRUE COPY OF THE SPECIMEN COPY OF THE AFFIDAVIT DOWNLOADED FROM THE WEBSITE OF THE KTU. |
| EXHIBIT P7 TRUE COPY OF THE PRINTOUTS OF PINNACLE SCHOOL OF ENGINEERING AND TECHNOLOGY,ANCHAL, KOLLAM EVIDENCING THE FACT THAT LARGE NUMBER OF SEATS WERE LYING VACANT IN THE COLLEGE. |
| EXHIBIT P7(A) TRUE COPY OF THE PRINTOUTS OF KOTTAYAM INSTITUTE OF TECHNOLOGY AND SCIENCE, CHENGALAM, KOTTAYAM, EVIDENCING THE FACT THAT LARGE NUMBER OF SEATS WERE LYING VACANT IN THE COLLEGE. |
| EXHIBIT P7(B) TRUE COPY OF THE PRINTOUTS OF MATHA COLLEGE OF TECHNOLOGY, KARUMALLOOR, EVIDENCING THE FACT THAT LARGE NUMBER OF SEATS WERE LYING VACANT IN THE COLLEGE. |
| EXHIBIT P7(C) TRUE COPY OF THE PRINTOUTS OF INDIRA GANDHI INSTITUTE OF ENGINEERING & TECHNOLOGY, NELLIKUZHI, KOTHAMANGALAM, EVIDENCING THE FACT THAT LARGE NUMBER OF SEATS WERE LYING VACANT IN THE COLLEGE. |
| EXHIBIT P7(D) TRUE COPY OF THE PRINTOUTS OF K M P COLLEGE OF ENGINEERNG CHERUKUNNAM, PERUMBAVOOR, EVIDENCING THE FACT THAT LARGE NUMBER OF SEATS WERE LYING VACANT IN THE COLLEGE. |
| EXHIBIT P7(E) |
TRUE COPY OF THE PRINTOUTS OF ROYAL COLLEGE OF ENGINEERING & TECHNOLOGY, AKKIKAVU, THRISSUR, EVIDENCING THE FACT THAT LARGE NUMBER OF SEATS WERE LYING VACANT IN THE COLLEGE. |
|---|---|
| EXHIBIT P7(F) |
TRUE COPY OF THE PRINTOUTS OF TOMS COLLEGE OF ENGINEERING FOR STARTUPS, KOTTAYAM, EVIDENCING THE FACT THAT LARGE NUMBER OF SEATS WERE LYING VACANT IN THE COLLEGE. |
| EXHIBIT P7(G) |
TRUE COPY OF THE PRINTOUTS OF YOUNUS COLLEGE OF ENGINEERING, THALACHIRA KOLLAM, EVIDENCING THE FACT THAT LARGE NUMBER OF SEATS WERE LYING VACANT. |
| EXHIBIT P7(H) |
TRUE COPY OF THE PRINTOUTS OF YOUNUS INSTITUTE OF TECHNOLOGY, KANNANALLOOR,KOLLAM, EVIDENCING THE FACT THAT LARGE NUMBER OF SEATS WERE LYING VACANT IN THE COLLEGE. |
| EXHIBIT P8 |
TRUE COPY OF THE PRINTOUT OF VACANCY DETAILS AFTER EFFECTING FEE PAYMENT IN PRIVATE SELF FINANCING COLLEGES, AS ON 30-7-2017. |
| EXHIBIT P9 |
TRUE COPY OF RESULT ANALYSIS OF 1ST YEAR B.TECH EXAMINATION CONDUCTED BY THE KTU IN RELATION TO 152 ENGINEERING COLLEGES. |
| EXHIBIT P10 |
TRUE COPY OF THE RESULT STATICS (INSTITUTE WISE) PREPARED BY THE DIRECTORATE OF HIGHER EDUCATION IN APRIL, 2017. |
| EXHIBIT P11 |
TRUE COPY OF SPECIMEN OF THE AFFIDAVIT TO BE SUBMITTED BY EACH EDUCATIONAL INSTITUTION TO THE GOVERNMENT FOR NOC/GOVERNMENT SANCTION TO RENEW SELF FINANCING UNAIDED COURSES. |
| EXHIBIT P12 |
TRUE COPY OF THE CIRCULAR ISSUED BY THE KTU ON 29-12-2017 GRANTING PERMISSION TO THE STUDENTS TO BE TRANSFERRED TO OTHER AFFILIATED INSTITUTIONS. |
| EXHIBIT P13 |
TRUE COPY OF THE JUDGMENT DATED 18-1-2011 IN WA 2014 OF 2010. |
| EXHIBIT P14 |
TRUE COPY OF THE ORDER DATED 29-7-2011 IN IA 358/2011 IN WA 2014 OF 2010. |
| EXHIBIT P15 |
TRUE COPY OF THE AFFIDAVIT WITH FINAL REPORT DATED 2-4-2012 FILED BY THE GOVERNMENT I WA 2014 OF 2010. |
| EXHIBIT P16 |
TRUE COPY OF THE ORDER DATED 28-6-2012 IN IA 358/2011 IN WA 2014 OF 2010. |
| EXHIBIT P17 |
TRUE COPY OF THE A COPY OF THE PUBLIC NOTICE FOR APPROVAL PROCESS 2018-19 ISSUED BY AICTE. |
CSS
Antony Dominic, C.J. & Dama Seshadri Naidu, J.
WPC No.1940 of 2018
Dated this the 22nd day of February, 2018
JUDGMENT
Antony Dominic, C.J.
In this writ petition filed in public interest, the main complaint of the petitioner is that the State Government have not complied with its obligation under Ext.P1, the Approval Process Handbook for the year 2018-2019 issued by the second respondent, to the extent it required the State to prepare a perspective plan as provided in clause 1.4.7(a). In so far as this submission made by the petitioner is concerned, the learned State Attorney has submitted before us that a perspective plan has been prepared and has been sent to the second respondent as early as on 28.1.2018. However, the counsel for the petitioner pointed out that the said perspective plan, a copy of which was handed over to him in Court, covers only the engineering colleges and not institutions imparting training in diploma courses. This grievance is answered by the learned State Attorney by pointing
WPC No.1940 of 2018 2
out that the issue of closure, at present, is confined only to engineering colleges and that as and when need arises, the State will prepare a perspective plan covering institutions imparting training for diploma courses as well. We record the submission.
The second grievance pointed out by the learned counsel for the petitioner was with reference to clause 16.5 of Ext.P1 which specify the additional documents to be submitted by the institutions for approval of progressive closure/complete closure. The documents that are prescribed include No Objection Certificate from the concerned State Government and No Objection Certificate from the affiliated University in the format clearly mentioning about the alternative arrangements made to take care of education of the existing students studying in the institutions seeking closure.
In answer to the contention of the learned counsel for the petitioner, the learned Standing Counsel appearing for the second respondent has submitted that the second respondent is insisting on compliance with these requirements as well.
Admittedly, the handbook contains the guidelines which
WPC No.1940 of 2018 3
are framed by the second respondent and it is needless to say that it is for the second respondent to ensure its compliance. Now the Standing Counsel has submitted that while considering the application for approval of progressive closure/complete closure of the institutions, they are ensuring compliance of the provisions contained in clause 16.5. We record that submission also.
With these observations, the writ petition is disposed of.
Sd/Antony Dominic Chief Justice
Sd/Dama Seshadri Naidu Judge
css/
2 issues framed by the court
Whether the State Government complied with its obligation to prepare a perspective plan for diploma courses as required by the AICTe Approval Process Handbook for 2018-19.
Whether additional documents including No Objection Certificates are correctly prescribed for approval of progressive or complete closure of institutions.
Dejo Kappen
State of Kerala
All India Council for Technical Education
A.P.J Abdul Kalam Technological University
Director of Technical Education
Antony Dominic
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
