Dismissed

The Principal, v. State of Kerala

Kerala HC25 Nov 2019RP/1112/2019

Case brief

AI extract

What is this about?

Review petitions filed by the KMEA College of Architecture were disposed of. The Court held that since the impugned judgment clarified that no special fee can be collected during the internship period, no review is necessary.

What did the court decide?

The review petitions were closed with the observation that no necessity exists to review the judgment which clarifies the position on fee collection.

The Principal, Vs State of Kerala — Education and Admissions | Kerala HC (2019)

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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.M.SHAFFIQUE

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THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

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MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941

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RP.No.1108 OF 2019 IN WP(C). 23518/2018

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AGAINST THE JUDGMENT IN WP(C) 23518/2018(L) OF HIGH COURT OF KERALA DATED 31/10/2019

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REVIEW PETITIONER/PETITIONER:

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THE PRINCIPAL KMEA COLLEGE OF ARCHITECTURE, KUZHIVELIPPADY, EDATHALA, ERNAKULAM DISTRICT-683 561

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BY ADVS.

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SRI.K.A.JALEEL SRI.C.Y.VINOD KUMAR

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT , SECRETARIAT TRIVANDRUM-695 001

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2 THE CHAIRMAN, ADMISSION SUPERVISORY COMMITTEE,FOR PROFESSIONAL COLLEGES IN KERALA, T.C.NO.15/1553-4,PRASANTHI BUILDING, M.P.APPAN ROAD, VAZHUTHACUAD, TRIVANDRUM-695 014

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3 KMEA COA STUDENTS ASSOCIATION, KMEA COLLEGE OF ARCHITECTURE, KUZHIVELIPPADY, EDATHALA, ERNAKULAM DISTRICT-683 561,REPRESENTED BY ITS SECRETARY, ANANTHAN S., B,ARCH S7 BATCH, KMEA COLLEGE OF ARCHITECTURE, KUZHIVELIPPADY, EDATHALA, ERNAKULAM DISTRICT-683 561

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SRI. M.A. ASIF-SPL. G.P.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25.11.2019, ALONG WITH RP NO.1112/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP No.1108/19 in WP(C) No.23518/18 & RP No.1112/19 in WP(C) No.20216/19

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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.M.SHAFFIQUE

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THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

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MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941

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RP.No.1112 OF 2019 IN WP(C). 20216/2019

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REVIEW PETITIONER/PETITIONER:

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THE PRINCIPAL, KMEA COLLEGE OF ARCHITECTURE, KUZHIVELIPPADY, EDATHALA, ERNAKULAM DISTRICT-683 561.

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BY ADVS.

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SRI.K.A.JALEEL SRI.C.Y.VINOD KUMAR

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001.

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2 THE CHAIRMAN, ADMISSION SUPERVISORY COMMITTEE, FOR PROFESSIONAL COLLEGES IN KERALA, T.C NO 15/1553-4, PRASANTHI BUILDING, M.P APPAN ROAD, VAZHUTHACAUD, TRIVANDRUM-695 014.

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RP No.1108/19 in WP(C) No.23518/18 & RP No.1112/19 in WP(C) No.20216/19

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-:3:-

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3 KMEA COA STUDENTS ASSOCIATION, KMEA COLLEGE OF ARCHITECTURE, KUZHIVELIPPADY, EDATHALA, ERNAKULAM DISTRICT-683 561, REPRESENTED BY ITS REPRESENTATIVE, ABDUL HADI HASHIM, B ARCH S7 BATCH, KMEA COLLEGE OF ARCHITECTURE, KUZHIVELIPPADY, EDATHALA, ERNAKULAM DISTRICT-683 561.

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SRI. M.A. ASIF- SPL. G.P.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25.11.2019, ALONG WITH RP NO.1108/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP No.1108/19 in WP(C) No.23518/18 & RP No.1112/19 in WP(C) No.20216/19

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-:4:-

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O R D E R

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Dated this the 25^th day of November 2019

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Shaffique, J.

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These review petitions came to be filed challenging the judgment of this court by which the direction to collect special fee during the last semesters while the candidate was undergoing internship came to be rejected by this Court. In fact, the Committee had already taken a decision that special fee cannot be collected from those candidates who were undergoing internship during the last semesters.

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In the above cases, the challenge raised was regarding the interim orders passed by the Committee prescribing collection of special fee from the 4^th year students subject to final decision in the writ petitions. In the impugned judgment, we have already confirmed that special fee cannot be collected for the last semester on account of the fact that the students go for internship during the said semester. Under such circumstances, there is no necessity to review the judgment as the judgment clarifies the position.

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RP No.1108/19 in WP(C) No.23518/18 & RP No.1112/19 in WP(C) No.20216/19

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If the Committee has only passed interim orders,

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necessary final orders shall be passed in accordance with the findings in the judgment.

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With the above observation the review petitions are closed.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

T.V.ANILKUMAR

Rp True Copy

JUDGE

PS to Judge

The Principal, v. State of Kerala

Case brief

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What did the court decide?

The Principal, v. State of Kerala

Case brief

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