The Division Bench disposed of multiple writ petitions filed by self-financing engineering colleges challenging an ADC order. Following a recent Division Bench judgment recalling similar orders, this court dismissed the petitions with liberty to the ADC to pass fresh orders after hearing all interested parties.
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 MR.JUSTICE K.SURENDRA MOHAN & THE HONOURABLE MRS. JUSTICE ANNIE JOHN
WEDNESDAY, THE 21ST DAY OF MARCH 2018 / 30TH PHALGUNA, 1939
WP(C).No. 9369 of 2018
PETITIONER(S)
THE PRINCIPAL, NEHRU COLLEGE OF ENGINEERING & RESEARCH CENTRE (NCERC), NILA GARDENS, PAMPADY, THIRUVILWAMALA, THRISSUR DISTRICT, PIN-680588.
BY ADV.SRI.GEORGE JACOB (JOSE)
RESPONDENT(S):
1. THE CHAIRMAN, ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES OF KERALA, HEAD OFFICE, PRASANTHI BUILDINGS, M. P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA STATE-695014.
2. YEDUKRISHNAN H., S/O. HARICHANDRAN NAIR, HARICHANDRA VILASAM, PANICHAPPALLY P.O., KANJIRAPPALLY, KOTTAYAM DISTRICT.
R BY SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY COMMITTEE FOR PROF. COLLEGES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-03-2018 ALONG WITH W.A.NOS.9077 & CONN. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 9369 of 2018 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 |
TRUE COPY OF THE RELEVANT EXTRACT OF THE PROSPECTUS PERTAINING TO ADMISSIONS TO THE ENGINEERING COLLEGES FOR 2016-17. |
|---|---|
| EXHIBIT P2 |
TRUE COPY OF THE CONSENSUAL AGREEMENT DATED 28.6.2016 DRAWN BETWEEN THE STATE GOVERNMENT AND THE MANAGEMENTS OF PRIVATE SELF FINANCING ENGINEERING COLLEGES. |
| EXHIBIT P3 |
TRUE COPY OF GO (MS) NO. 155/2016/H/EDN. DATED 30.6.2016 ISSUED BY THE STATE GOVERNMENT. |
| EXHIBIT P4 |
TRUE COPY OF RELEVANT EXTRACT OF THE PROSPECTUS OF THE COLLEGE. |
| EXHIBIT P5 |
TRUE COPY OF THE INTERIM ORDER DATED 9.6.2017 ISSUED BY THE 1ST RESPONDENT COMMITTEE. |
| EXHIBIT P6 |
TRUE COPY OF THE EMAIL COMPLAINT DATED 30.5.2017 OF THE 2ND RESPONDENT ADDRESSED TO THE COMMITTEE. |
| EXHIBIT P7 |
TRUE COPY OF THE WRITTEN OBJECTIONS DATED 18.7.2017 OF THE PETITIONER SUBMITTED TO THE FIRST RESPONDENT COMMITTEE. |
| EXHIBIT P8 |
TRUE COPY OF THE ORDER DATED 5.1.2018 OF THE 1ST RESPONDENT COMMITTEE. |
RESPONDENTS' EXHIBITS
NIL // TRUE COPY // PA TO JUDGE
K.SURENDRA MOHAN & ANNIE JOHN, JJ.
W.P.(C) Nos. 9369,9077,9101,9372 9491,9579 & 9837 of 2018
Dated this the 21st day of March, 2018
J U D G M E N T
Surendra Mohan, J.
The challenge in these cases is by the Self Financing Colleges against an order passed by the Admission Supervisory Committee. As per the impugned orders, the Admission Supervisory Committee has directed the college to return the certificates of the students concerned without insisting on payment of liquidated damages as a condition. Thus according to them, their claim for liquidated damages has been repelled by the Admission Supervisory Committee.
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W.P.(C) Nos. 9369,9077,9101,9372 9491,9579 & 9837 of 2018
recalled and fresh orders would be passed in the matter. Therefore, similar Writ Petitions have been disposed of with a direction to the Admission Supervisory Committee to pass fresh orders in the matter.
In view of the above decision, these Writ Petitions are also disposed of granting liberty to the Admission Supervisory Committee to issue fresh orders in the matter, after recalling the orders that are under challenge in these Writ Petitions and after affording an opportunity of being heard to all interested parties.
Sd/- K.SURENDRA MOHAN JUDGE
Sd/- ANNIE JOHN JUDGE
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1 issue framed by the court
Whether the writ petitions challenging the Admission Supervisory Committee's order directing colleges to return certificates without insisting on liquidated damages should be disposed of in light of a
The Principal, Nehru College of Engineering & Research Centre (NCERC)
The Chairman, Admission Supervisory Committee for Professional Colleges of Kerala
Yedukrishnan H.
K. Surendra Mohan
Annie John
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
