Allowed

Apj Abdul Kalam School of Architecture v. State of Kerala

Kerala HC19 Sept 2018WP(C)/8588/2018

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of a No Objection Certificate for starting an Architecture college. The Court quashed the rejection noting it was based on policy, but held that AICTE approval is mandatory. The petitioner is directed to apply for AICTE approval and cannot admit more students pending that decision.

What did the court decide?

The writ petition was disposed of with a direction to the petitioner to apply for AICTE approval and a warning that students cannot continue if AICTE refuses approval.

Apj Abdul Kalam School of Architecture Vs State of… — 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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WEDNESDAY,THE 19TH DAY OF SEPTEMBER 2018 / 28TH BHADRA, 1940

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WP(C).No. 8588 of 2018

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PETITIONER/S:

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APJ ABDUL KALAM SCHOOL OF ARCHITECTURE A COLLEGE ESTABLISHED AND ADMINISTERED BY APJ ABDUL KALAM EDUCATIONAL AND CHARITABLE TRUST, MEKKADAMBU P.O.,KADATHY, NEAR ST.PETERS & ST. PAULS JACOBITE SYRIAN CHURCH, MUVATTUPUZHA, KERALA, INDIA - 682 316,REPRESENTED BY ITS CHAIRMAN SRI.T.S.RASHEED.

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BY ADV. SRI.MILLU DANDAPANI

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RESPONDENT/S:

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

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2 MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS, KOTTAYAM - 686 560, REPRESENTED BY ITS REGISTRAR.

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3 COMMISSIONER FOR ENTRANCE EXAMINATION 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

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4 COUNCIL OF ARCHITECTURE

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A BODY CORPORATE BY THE GOVERNMENT OF INDIA UNDER THE PROVISIONS OF THE ARCHITECTS ACT, 1972 HAVING ITS OFFICE AT INDIAN HABITATS CENTRE, CORE 6A, 1ST FLOOR, LODHI ROAD, NEW DELHI-110003, REPRESENTED BY ITS CHAIRMAN.

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*ADDL. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION 5 HEALTH CENTRE BUILDING, BANGALORE UNIVERSITY CAMPUS, BANGALORE,560009, KARNATAKA

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WP(C).No. 8588 of 2018

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ADDITIONAL R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 17.09.2018

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BY ADVS. GOVERNMENT PLEADER SRI.B UNNIKRISHNAKAIMAL SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8588 of 2018

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JUDGMENT

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This writ petition was filed on 13.03.2018

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challenging an order passed by the Government, rejecting an application for 'No Objection Certificate' for establishing a college for Architecture course. The petitioner has obtained approval on 29.04.2016 from the Council of Architecture for introduction of 5 year full-time Bachelor of Architecture (B.Arch) degree course. The same was revalidated for the subsequent academic year. As of now, approval of Architectural course is in force.

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The Mahatma Gandhi University has also

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granted affiliation. What is projected before this Court was that the petitioner was not given no objection certificate. On 05.04.2018, this Court ordered the following:

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"One of the main relief sought for in this writ petition is a writ of certiorari to quash Ext.P14 dated 15.12.2017, whereby, the request made by the petitioner for grant of

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WP(C).No. 8588 of 2018

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no objection certificate to start new Architectural College has been rejected on Policy conditions.

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During the course of arguments, the learned Special Government Pleader would submit that the 1^st respondent shall recall Ext.P14 and process the request made by the petitioner on merits. The said submission is recorded."

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Thereafter, on 04.06.2018, this Court passed the

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following order:

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"On 05.04.2018, this Court passed the following order:

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"One of the main relief sought for in this writ petition is a writ of certiorari to quash Ext.P14 dated 15.12.2017, whereby, the request made by the petitioner for grant of no objection certificate to start new Architectural College has been rejected on Policy conditions.

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Placing reliance on Ext.P15 University Order dated 23.05.2018, the learned counsel for the petitioner would submit that the 2^nd respondent

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WP(C).No. 8588 of 2018

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University has already granted extension of provisional affiliation for the intake of 40 students in APJ Abdul Kalam School of Architecture, Muvattupuzha.

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The learned Government Pleader seeks time to get instructions as to whether the request made by the petitioner for grant of NOC has already been reconsidered in terms of the submission recorded on 05.04.2018.

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If the request made by the petitioner for NOC is still pending consideration, the 1^st respondent shall reconsider the same and pass appropriate orders thereon, in accordance with law, within a period of two weeks."

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3. Taking note of the fact that the only issue

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was pertaining the issuance of NOC, another order

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was passed on 05.07.2018, to the following effect which is reads as follows:

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Heard. Allowed.

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The petitioner is directed to produce the amended writ petition within a period of one week.

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W.P.(C).No.8588 of 2018

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In the light of the fact that the petitioner has affiliation with the M.G. University, the petitioner is permitted to admit students to the maximum allowed by the Council of Architecture. No admission shall be made in excess of the approval granted by the Council of Architecture.

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WP(C).No. 8588 of 2018

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It is open for the petitioner to request the Entrance Commission to include the petitionerInstitution for allotment, if the petitioner opts for such allotment. The petitioner can admit such students only if the petitioner has been granted extension of approval by the Council of Architecture. If the petitioner has not been granted any extension, the petitioner's shall not admit any students to the programme. This will be subject to the challenge to the rejection of No Objection Certificate by the Government.

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Post after ten days."

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It is now admitted at Bar that pursuant to

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order dated 05.07.2018, 30 students have been

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admitted to the college.

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In regard to the question on NOC from the Government, I am of the view that the matter is covered in favour of the petitioner by the various judgments of this Court including the Division Bench. The Government cannot withheld no-objection certificate based on policy decision. The reason for non issuance of NOC was based on policy decision of the Government. Therefore, the decision of the Government will have to be set aside.

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Since there is no other objection, on the side

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WP(C).No. 8588 of 2018

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of the Government deeming that NOC has been issued

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the petitioner can proceed.

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When the matter was posted for hearing on 17.09.2018, the learned Special Government Pleader pointed out that the petitioner cannot admit any students without the approval from the All India Council for Technical Education (AICTE for short). The learned Government Pleader referred to the recent judgment of the Division Bench of this Court dated 06.08.2018 in W.P.(C).No.23858/2018, wherein the Division Bench held that without the approval

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from the AICTE no course in Architecture can be conducted.

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It appears that there was some doubt

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regarding the requirement of the approval from

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AICTE. In another Division Bench of this Court in

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GLOBAL INSTITUTE OF ARCHITECTURE, PERADIKUNNU V. SECRETARY, HIGHER EDUCATION DEPARTMENT, TVM AND

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OTHERS [2016(4) KHC 560] left open the issue which reads as follows:

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"We also make it clear that, we have not expressed anything on the contention raised by

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WP(C).No. 8588 of 2018

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the learned counsel for the petitioner and also the learned Standing Counsel for the 4^th respondent University that the approval from AICTE is not necessary for Architectural Colleges conducting only B.Arch course."

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Division Bench of this Court, it is clear that such

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approval is required.

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AICTE invites application and issue

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notification for approval in the month of November and process of approval starts in January and it

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should culminate by 10^th April. The petitioner

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therefore, could not have admitted students without the approval from AICTE.

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The learned senior Counsel points out that

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there are several colleges in the State, affiliated to various Universities without having obtained

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approval from the AICTE. Ext.P29 is the list of the institutions conducting programmes in Architecture

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without AICTE approval as on 31.08.2018. As seen

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from Ext.P29, in the State of Kerala, there are

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around five colleges conducting programmes in

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WP(C).No. 8588 of 2018

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Architecture without the said approval. The learned Senior Counsel submitted that there are few more colleges, which are not listed in Ext.P29. It is also submitted that there is a dispute pending before the Hon'ble Supreme Court with regard to obtaining approval from AICTE. Anyhow, in the light of a Division Bench decision of this Court, it can not be said that without the approval of AICTE, no colleges can be established to conduct any programme in Architecture. If there are colleges in the State, which have not obtained AICTE approval, it is for the State to safeguard the interest of such students by taking appropriate action with the affiliated universities. The Architectural Council is the supreme authority in regard to granting recognition of qualification for enrollment as Architect. The approval of AICTE is therefore required for the purposes of establishing a college. No college could have been established without AICTE approval. The

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validity of the qualification will have to be decided by the Architectural Council. In that view

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WP(C).No. 8588 of 2018

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of the matter, the admissions already granted need

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not be ordered to be cancelled. However students

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should be put on notice that in case AICTE refuses to issue approval, they cannot continue in the

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course. Taking note of the judgment of the Division Bench of this Court dated 06.08.2018 in W.P.

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(C).No.2858/2018, this writ petition is disposed of

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to safeguarding the interest of students who are already admitted with the following directions:

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The petitioner shall apply for AICTE

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approval and shall not admit any more students without obtaining AICTE approval for next academic year onwards.

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admitted shall be alerted about the non-

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approval by AICTE.

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The continuation of the students in the

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college would depend upon the outcome of the decision of the application to be submitted before the AICTE. The direction as above is

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given in the light of the fact that the

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WP(C).No. 8588 of 2018

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issue was settled only on 06.08.2018 by the Division Bench of this Court, as above and also taking note of the fact that the Architectural Council has granted approval and the University has given affiliation.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

nkr/19.09.2018

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WP(C).No. 8588 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1.	TRUE COPY OF THE LETTER OF APPROVAL BEARING REFERENCE NO.CA/5/ACADEMIC-KL39 DATED 29.04.2016.
EXHIBIT P2.	TRUE COPY OF THE EXTENSION OF APPROVAL FOR B.ARCH COURSE FOR THE ACADEMIC YEAR 2017-2018 ISSUED BY THE 1^stRESPONDENT DATED 18.08.2017.
EXHIBIT P3.	TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE REGISTRAR, COUNCIL OF ARCHITECTURE DATED 04.01.2018.
EXHIBIT P4.	TRUE COPY OF THE PRINT OUT OF THE ONLINE APPLICATION DATED 04.01.2018.
EXHIBIT P5.	TRUE COPY OF THE LETTER BEARING NO.J2/149/2017/H.EDN.DEPT.DT. 06.06.2017.
EXHIBIT P6.	TRUE COPY OF THE G.O.(M.S) NO.178/2016/H.EDN. DT. 22.08.2016.
EXHIBIT P7.	TRUE COPY OF THE JUDGMENT RENDERED BY THIS HON'BLE COURT IN W.P.(C) NO.38360/2016 DT. 21.12.2016.
EXHIBIT P8.	TRUE COPY OF THE U.O.NO.5393/2/17/AC A VII DTD. 02.09.2017.
EXHIBIT P9.	TRUE COPY OF U.O.NO.5435/2/AVII/17/ACAD DTD.08.09.2017.
EXHIBIT P10.	TRUE COPY OF THE JUDGMENT RENDERED BY THIS HON'BLE COURT IN W.P.(C)NO.20705/17 DTD. 12.10.2017.
EXHIBIT P11.	TRUE COPY OF REQUEST DTD. 21.11.2017 FORWARDED BY THE PETITIONER TO THE UNIVERSITY.
EXHIBIT P12.	TRUE COPY OF LETTER ISSUED BY THE PETITIONER TO THE REGISTRAR OF THE UNIVERSITY DTD. 28.12.2017.
EXHIBIT P13.	TRUE COPY OF THE REQUEST BEARING NO.REF:AC/123/2017 DTD. 31.10.2017.

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EXHIBIT P14.	TRUE COPY OF LETTER BEARING NO.J2/317/2017/HEDN DTD. 15.12.2017.
EXHIBIT P15	TRUE COPY OF ORDER BEARING NO.4157/4/2018/AC AVII DATED 23.05.2018
EXHIBIT P16.	TRUE COPY OF THE REPRESENTATION GIVEN TO THE 1ST RESPONDENT BEARING REFERENCE NO.AC/110/2018 DATED 21.06.2018
EXHIBIT P16(A).	TRUE COPY OF THE ACKNOWLEDGEMENT DATED 21.06.2018.
EXHIBIT P17.	TRUE COPY OF THE ORDER BEARING NO.G.O. (RT) NO.1307/2018/HEDN DATED 02.07.2018.
EXHIBIT P18.	TRUE COPY OF THE LIST THAT HAS BEEN PUBLISHED ON ALL INDIA BASIS BY THE COUNCIL OF ARCHITECTURE WHICH HAS COME ON ITS WEBSITE
EXHIBIT P19.	TRUE COPY OF THE PUBLICATION IN MALAYALA MANORAMA DAILY DATED 01.07.2018.
EXHIBIT P20.	TRUE COPY OF TEH DATA OF MR.NIKHIL J JOHNSON APPLICANT NO.1112651
EXHIBIT P21.	TRUE COPY OF THE DECLARATION THAT HAS BEEN SUBMITTED DURING THE LAST YEAR BY THE INSPECTION COMMITTEE

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//TRUE COPY//

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P.A.TO JUDGE

Apj Abdul Kalam School of Architecture v. State of Kerala

Case brief

What is this about?

What did the court decide?

Apj Abdul Kalam School of Architecture v. State of Kerala

Case brief

What is this about?

What did the court decide?

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