The High Court of Kerala, in a writ petition filed by B.Ed College Managers Association seeking enforcement of previous directions, directed respondents to comply with the terms of a prior judgment (Ext.P5) within one month.
Directed respondents to comply with directions in Ext.P5 judgment within one month.
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 A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942
WP(C).No.27307 OF 2020(K)
PETITIONER:
B.ED COLLEGE MANAGERS ASSOCIATION SELF FINANCING, (BCMA-SF), REG. NO.KLM/TC/62/2020 CENTRAL COMMITTEE OFFICE, TC. 25/168(8), PANAYARAVILAKAM, PULIMOODU, THIRUVANANTHAPURAM, PIN - 695001, REPRESENTED BY ITS GENERAL SECRETARY.
BY ADV. SRI.ANCHAL C.VIJAYAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 THE PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN - 695001.
3 UNIVERSITY OF KERALA
S.H. CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PIN - 695034, REPRESENTED BY ITS REGISTRAR.
OTHER PRESENT: SRI. JOHN ABRAHAM -SC
SRI. M.A. ASIF- SPL.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.27307/2020
2
JUDGMENT
Dated this the 8th day of December 2020
Shaffique, J.
This writ petition has been filed i nter alia stating that no orders had been passed pursuant to Ext.P5 judgment. Prima facie we are not satisfied that we should entertain the matter especially when we had already issued appropriate directions.
The learned Government Pleader submits that the petitioner will have to approach the Committee constituted under The Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and other Measures to ensure Equity and Excellence in Professional Education) Act, 2006. However, when a representation is pending before the Government, the Government has an obligation to pass appropriate orders. We, therefore, direct the respondents to comply with the directions in Ext.P5 judgment within a period of one month from today.
The writ petition is disposed of. sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
JUDGE
acd
W.P.(C)No.27307/2020
3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LIST OF MEMBERS OF THE PETITIONER - ASSOCIATION.
EXHIBIT P2 TRUE COPY OF THE GO(MS) N O. 1975/2020/GEN.EDN.DATED 15.06.2020 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE CHIEF MINISTER OF KERALA DATED 25.05.2020.
EXHIBIT P4 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 25.05.2020.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.22322/2020 DATED 20.10.2020.
1 issue framed by the court
Whether to entertain a writ petition where appropriate directions have already been issued and representation is pending before the Government.
Colour shows how this judgement treated each authority
This Hon'ble CourtReferred¶39
WP(C) No.22322/2020 dated 20.10.2020
B.Ed College Managers Association Self Financing
State of Kerala
Principal Secretary Higher Education Department
University of Kerala
A.M. Shaffique
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
