Allowed

Sreepathy Institute of Management and Technology, v. State of Kerala

Kerala HC13 Aug 2021WA/1062/2021

Case brief

AI extract

What is this about?

This appeal challenged the refusal of interim relief in writ petitions seeking affiliation approval from state authorities for sanctioned diploma courses. The High Court granted a single stay order in one appeal. It directed the affiliating university to expedite inspection of colleges to ensure no overlap with B.Tech programs but declined to grant any direction for provisional affiliation at this

What did the court decide?

Interim relief granted in IA No. 1 of 2021 in W.A. No. 1062/2021.

Sreepathy Institute of Management and Technology, Vs… — Education and Admissions | Kerala HC (2021)

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W.A. NO. 1060 & 1062/2021 -1-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 13^TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943 WA NO. 1060 OF 2021

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AGAINST THE ORDER IN WP(C) 16184/2021 OF HIGH COURT OF KERALA, ERNAKULAM

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APPELLANT/S:

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UKF COLLEGE OF ENGINEERING AND TECHNOLOGY, PARIPPALLY, KOLLAM-691 302, REPRESENTED BY ITS DIRECTOR, AMRITHA BASANTH, AGED 33 YEARS, W/O.DR.PRASOBH K.PRABHA, RESIDING AT LOVELY HAVEN, CHURCH NAGAR, FIRST STREET CN-122A, ANGAMALY, ERNAKULAM-683 572. BY ADVS. PRAVEEN K. JOY E.S.SANEEJ M.P.UNNIKRISHNAN M.K.SAMYUKTHA N.ABHILASH DEEPU RAJAGOPAL SANDRA S. KUMAR

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RESPONDENT/S:

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

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2 THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695 023.

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3 STATE BOARD OF TECHNICAL EDUCATION, REPRESENTED BY THE DIRECTOR OF TECHNICAL EDUCATION, OFFICE OF THE DIRECTOR, TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695 023.

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4 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI-110 070, REPRESENTED BY ITS SECRETARY.

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5 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, CET CAMPUS, TRIVANDRUM-695 016. SRI.K.B.RAMANAND SPL GP FOR R1 TO R3, SRI.SAJITH KUMAR V FOR R4 AND SRI ELVIN PETER P J FOR R5

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

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13.08.2021, ALONG WITH WA.1062/2021, THE COURT ON THE SAME DAY

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DELIVERED THE FOLLOWING:

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W.A. NO. 1060 & 1062/2021 -2-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 13^TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943

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WA NO. 1062 OF 2021

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AGAINST THE ORDER IN WP(C) 15358/2021 OF HIGH COURT OF KERALA,

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ERNAKULAM

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APPELLANT/S:

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SREEPATHY INSTITUTE OF MANAGEMENT AND TECHNOLOGY, REPRESENTED BY ITS PRINCIPAL, VAVANOOR, KOOTTANAD, PALAKKAD DISTRICT-679 533.

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BY ADV S.KRISHNAMOORTHY

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RESPONDENT/S:

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

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2 THE DIRECTOR OF TECHNICAL EDUCATION, PADMA VILASAM ROAD, EAST FORT, THIRUVANANTHAPURAM, PIN-695 023.

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3 STATE BOARD OF TECHNICAL EDUCATION, REPRESENTED BY ITS SECRETARY, FORT P.O., THIRUVANANTHAPURAM-695 023.

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4 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REPRESENTED BY MEMBER SECRETARY, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI-110 033.

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ADDL.5 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, CET CAMPUS, TRIVANDRUM – 695 016.

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OTHER PRESENT:

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SRI.K.B.RAMANAND, SPL. GP FOR R1 TO R3, SRI. SAJITH KUMAR V FOR R4, SRI. ELVIN PETER P.J. FOR ADDL R5

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.08.2021, ALONG WITH WA.1060/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A. NO. 1060 & 1062/2021 -3-

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J U D G M E N T

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S. Manikumar, C. J.

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Before the writ court, UKF College of Engineering and Technology, represented by its Director, filed W. P. (C) No. 16184 of 2021, for the following reliefs:-

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“i) To issue a writ of certiorari or other appropriate order or direction to quash Ext.P9;

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ii) Issue a writ of mandamus or other appropriate order or direction to direct the respondents 2 and 3 to grant approval / affiliation to the Diploma Courses sanctioned to the petitioner's College by the AICTE, so as to enable the petitioner to commence classes for the said courses this year itself;

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iii) To issue a writ of mandamus or other appropriate order or direction to direct respondents 1 to 3 to include the petitioner's College and the Diploma Courses sanctioned to petitioner's College by the AICTE, in the Annexure-I to the Ext.P8 Prospectus, so as to enable the willing students to opt for those courses;

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iv) To issue a writ of mandamus or other appropriate order or direction to direct respondents 2 and 3 to make allotments to 50% of the Diploma seats in petitioner's College;

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W.A. NO. 1060 & 1062/2021 -4-

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v) To issue a writ of mandamus or other appropriate order or direction to direct respondents 1 to 3 to enlarge the time schedule for admissions, mentioned in Ext.P8 to tally with Ext.P7 academic calendar.”

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Similarly, Sreepathy Institute of Management and

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Technology, represented by the Principal, filed W. P. (C) No. 15358 of

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2021, for the following reliefs:-

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“i) To issue a writ of certiorari or other appropriate writ, order or direction to call for the records leading to Ext P3 and P4 order issued by the 2^nd respondent as well as the 1^st respondent and to quash the same;

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ii) To issue a writ of mandamus or other appropriate writ, order or direction directing the 2^nd respondent to issue NOC for starting new diploma courses approved by AICTE in Exhibit P1 for the Academic Year 2021-22;

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iii) To issue a writ of mandamus or other appropriate writ, order or direction directing the 2^nd respondent to grant affiliation to the petitioner institution for conducting diploma courses in Artificial Intelligence and Machine learning, Automation & Robotics, Civil & Environmental Engineering in pursuance to Ext P1 Approval Order issued by the AICTE.”

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After hearing the learned counsel for the parties and perusing

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the material on record, by the order dated 10.08.2021, writ court

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W.A. NO. 1060 & 1062/2021 -5-

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declined to grant the interim relief.

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Being aggrieved, UKF College of Engineering and

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Technology, has filed W. A. No. 1060 of 2021.

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Similarly, Sreepathy Institute of Management and

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Technology, represented by the Principal, filed W. A. No. 1062 of 2021

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While assailing the correctness of the interim orders made in

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both the writ petitions, Mr. Praveen K. Joy, learned counsel for the appellant in W. A. No. 1060 of 2021, as well as Mr. S. Krishnamoorthy, learned counsel for the appellant in W. A. No. 1062 of 2021, fairly admitted that in both the colleges, B. Tech Engineering Course is being conducted, and that the same is affiliated to APJ Abdul Kalam Technological University.

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University has been impleaded as one of the respondents in W. P. (C) No. 16184 of 2021, whereas in W. P. (C) No. 15358 of 2021, said University has not been impleaded as a party respondent. However, when W. A. No. 1062 of 2021 is filed by Sreepathy Institute of Management and Technology, represented by its Principal, Registry has raised a point that impleading is not permissible at the appellate

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W.A. NO. 1060 & 1062/2021 -6-

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stage and that the said University has to be impleaded in the writ petition also.

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Notwithstanding the grounds of challenge, both the learned counsel for the appellants, fairly submitted that as regards grant of affiliation is concerned by the Director of Technical Education, Thiruvananthapuram, APJ Abdul Kalam Technological University, represented by the Registrar, can make inspection of the respective colleges, to ascertain as to whether B. Tech Degree Engineering Course is conducted in separate buildings, and that there is no overlapping by the abovesaid Engineering Colleges, in conducting Diploma Courses, to be affiliated by the Director of Technical Education, Thiruvananthapuram, respondent in both the writ petitions / writ appeals.

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On the abovesaid aspect, Mr. S. Krishnamoorthy, learned counsel for the appellant in W. A. No. 1062 of 2021, submitted that already an application has been submitted to the Registrar, APJ Abdul Kalam Technological University, to cause inspection, and submit a report to the affiliating authority, namely, the Director of Technical Education, Thiruvananthapuram.

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W.A. NO. 1060 & 1062/2021 -7-

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Mr. Praveen K. Joy, learned counsel for the appellant in W. A. No. 1060 of 2021, submitted that an application will be submitted to APJ Abdul Kalam Technological University, represented by the Registrar, to cause inspection, and submit a suitable report to the affiliating authority.

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Placing on record the submission of the learned counsel for the appellants, permission is granted to submit necessary applications to APJ Abdul Kalam Technological University, to cause inspection of the respective colleges, to ascertain as to whether B. Tech Degree Courses are conducted in separate buildings, and without causing any hindrance, Diploma in Engineering courses are conducted in separate buildings.

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On receipt of the applications from the respective colleges / appellants, Registrar, APJ Abdul Kalam Technological University, is directed to cause inspection, and submit reports to the affiliating authority, with supporting documents.

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Though the learned counsel for the appellants sought for a direction to include the names of the respective colleges, in the list of colleges maintained for allotment of students, we are not inclined to

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W.A. NO. 1060 & 1062/2021 -8-

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grant any such directions as prayed for, nor inclined to direct provisional affiliation to the Diploma Course, by the Director of Technical Education, Thiruvananthapuram, pending disposal of the inspection, submission of reports, and the consequent decision to be taken by Director of Technical Education, Thiruvananthapuram, the affiliating authority.

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At this juncture, at best, we can only direct the Registrar,

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APJ Abdul Kalam Technological University, to cause inspection of the abovesaid institutions, as expeditiously as possible, bearing in mind the time schedule already prescribed for allotment of the students. Inspection be caused and reports be submitted to the Director of Technical Education, Thiruvananthapuram, as expeditiously as possible.

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Mr. Elvin Peter P. J., learned counsel for the APJ Abdul Kalam Technological University, shall instruct the said University, to explore the possibility of conducting the inspection on 16.08.2021 or 17.08.2021, as the case may be.

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If on receipt of inspection reports from the University, the Director of Technical University, Thiruvananthapuram, is satisfied that

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W.A. NO. 1060 & 1062/2021 -9-

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the courses are conducted at two different places, without causing hindrance to the continuance of B. Tech Degree Engineering course as stated supra, appropriate orders be passed.

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I. A. No. 1 of 2021 in W. A. No. 1062 of 2021 is allowed.

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APJ Abdul Kalam Technological University, represented by its Registrar, CET Campus, Trivandrum – 695 016, is impleaded as additional 5^th respondent in W. A. No. 1062 of 2021.

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Mr. Elvin Peter P. J., learned counsel for the APJ Abdul Kalam Technological University, is directed to communicate judgment of this Court made in W.A. Nos. 1060 and 1062 of 2021.

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With the above directions, writ appeals are disposed of.

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Sd/-

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S. MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P. CHALY

JUDGE

///TRUE COPY/// P. A. TO JUDGE

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Sreepathy Institute of Management and Technology, v. State of Kerala

Case brief

What is this about?

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Sreepathy Institute of Management and Technology, v. State of Kerala

Case brief

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