Disposed

Karmela Rani Training College, Kollam v. State of Kerala

Kerala HC1 Nov 2021WP(C)/618/2006

Case brief

AI extract

What is this about?

The High Court, without considering merits, allowed writ petitions challenging B.Ed admission rules. The Court permitted petitioners to file a representation to the State government regarding Article 15(5) and directed the government to consider it.

What did the court decide?

Petitioners allowed to file a representation before the government; government directed to consider the same in accordance with law.

Karmela Rani Training College, Kollam Vs State of… — Education and Admissions | Kerala HC (2021)

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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 P.V.KUNHIKRISHNAN

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MONDAY, THE 1^ST DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943

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WP(C) NO. 618 OF 2006

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PETITIONERS:

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1 KARMELA RANI TRAINING COLLEGE, KOLLAM REPRESENTED BY ITS MANAGER, KOLLAM.

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2 ST. JOSEPHS TRAINING COLLEGE FOR WOMEN REPRESENTED BY ITS MANAGER, ERNAKULAM.

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3 MOUNT CARMEL TRAINING COLLEGE REPRESENTED BY ITS MANAGER, KOTTAYAM.

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4 ST. JOSEPH'S TRAINING COLLEGE REPRESENTED BY ITS MANAGER, MANNANAM.

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5 ST. THOMAS TRAINING COLLEGE REPRESENTED BY ITS MANAGER, PALA. BY ADVS. SRI.BABY ISSAC ILLICKAL SRI.THOMAS JAMES MUNDACKAL

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2 PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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3 DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM. ADV.SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2021, ALONG WITH WP(C).21358/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Ns. 618 OF 2006 & 21358 of 2010

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¶19

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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MONDAY, THE 1^ST DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943

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WP(C) NO. 21358 OF 2010

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PETITIONER:

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KERALA PRIVATE COLLEGE MANAGEMENTS' ASSOCIATION(REG.NO.TR 12/1960), REPRESENTED BY ITS SECRETARY, B.V.M.HOLY CROSS COLLEGE, CHERPUNKAL-686 584.

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BY ADV SRI.BABY ISSAC ILLICKAL

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RESPONDENTS:

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1 MAHATMA GANDHI UNIVERSITY AND ANOTHER REPRESENTED BY ITS REGISTRAR,KOTTAYAM.

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2 VICE-CHANCELLORMAHATMA GANDHI

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UNIVERSITY,KOTTAYAM.

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3 ADDL.R3.STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM(IS SUOMOTU IMPLEADED AS ADDITIONAL 3RD RESPONDENT AS PER ORDER DATED 01.11.2021 IN W.P.(C)NO.21358/2010) BY ADVS. SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY SRI.K.H.ASIF SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY SRI.BABU KARUKAPADATH SRI.JAGAN GEORGE SRI.C.A.MAJEED SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.M.R.RAJENDRAN NAIR SR. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY SMT.M.A.VAHEEDA BABU ADV.SMT.VIDYA KURIAKOSE, GOVERNMENTPLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2021, ALONG WITH WP(C).618/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Ns. 618 OF 2006 & 21358 of 2010

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P.V.KUNHIKRISHNAN, J

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W.P.(C)Nos.618 of 2006

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and 21358 of 2010

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Dated this the 01^st day of November 2021

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JUDGMENT

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These two writ petitions were filed

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challenging centralized allotment and

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proposal for common entrance test for admission in B.Ed courses. When this writ

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petition came up for consideration, the learned counsel for the petitioners submitted that, in the light of the constitutional amendment of Article 15(5) of the Constitution, he has got a case and he wants to submit the same before the government by way of a representation. Therefore, the

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learned counsel submitted that, the petitioners may be allowed to raise all the contentions before the State government by

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way of a representation and there may be a

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¶47

WP(C) Ns. 618 OF 2006 & 21358 of 2010

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direction to consider the same in accordance

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to law.

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2. In the light of the above submission,

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I think these writ petitions can be disposed allowing the petitioners to file a representation and further directing the government to consider the same in accordance to law. I make it clear that I have not considered the matter on merit and the State government is free to pass appropriate orders in accordance to law.

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Therefore these writ petitions are disposed in the following manner:

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i) The petitioners are free to file a representation narrating their grievance before the government, within one month from

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the date of receipt of a copy of this judgment.

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ii) If such a representation is received, the government will give an opportunity of hearing to the petitioners and

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¶57

WP(C) Ns. 618 OF 2006 & 21358 of 2010

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pass appropriate orders in the representation

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in accordance with law.

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iii) All the contentions of the

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petitioners in these writ petitions are left

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open.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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¶66

WP(C) Ns. 618 OF 2006 & 21358 of 2010

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¶68

APPENDIX OF WP(C) 21358/2010

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PETITIONER EXHIBITS

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EXHIBIT	P1	PHOTOCOPY	OF	THE MAHATMA	GANDHI
		UNIVERSITY STUDENTS.	RULE	S OF ADMISS	ION OF
EXHIBIT	P2	PHOTOCOPY	OF	THE ORDER	DATED
		09/06/2010 COURSES.	INTR	ODUCING CAP	FOR PG
EXHIBIT	P3	PHOTOCOPY 10/06/2010	OF .	THE LETTER	DATED
EXHIBIT	P4	PHOTOCOPY 17/06/2010	OF R .	EPRESENTATION	DATED
EXHIBIT	P5	PHOTOCOPY	OF THE	DRAFT PROSPE	CTUS.
EXHIBIT	P6	PHOTOCOPY 03/07/2010	OF .	THE ORDER	DATED
EXHIBIT	P7	PHOTOCOPY BY THE 1ST	OF THE RESPO	PRESS NOTE E NDENT.	NCLOSED
EXHIBIT	P8	PHOTOCOPY THE MINUTE DATED 31/0	OF TH S OF 7/2010	E RELEVANT P THE ACADEMIC .	AGES OF COUNCIL
EXHIBIT	P9	PHOTOCOPY NOTIFIED B 23/07/2010	OF Y THE .	THE REGU 1ST RESPONDEN	LATIONS T DATED
EXHIBIT	P10	PHOTOCOPY AGREEMENT.	OF	THE DIRECT	PAYMENT
RESPOND	ENT EXHI	BITS
EXHIBIT	R1(B)	TRUE COPY	OF	THE MESSAGE	DATED
		10/11/2010 COLLEGE ER	FROM UMELI.	THE PRINCIP	AL, MES
EXHIBIT	R1(C)	TRUE COPY	OF	THE MESSAGE	DATED
		10/11/2010	FROM	THE PRINCIP	AL, ST.

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WP(C) Ns. 618 OF 2006 & 21358 of 2010

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	THOMAS COL	LEGE, KOZHENCHERRY.
EXHIBIT R1(D)	TRUE COPY	OF THE REPORT IN HINDU
	ONLINE ED 08/11/2010	ITION IN ITS ISSUE DATED .
EXHIBIT R1(E)	TRUE COPY	OF THE CHART SHOWING THE
	SPECIFIC	COMPARATIVE DETAILS OF
	ADMISSION	FOR THE PREVIOUS YEARS.

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WP(C) Ns. 618 OF 2006 & 21358 of 2010

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¶76

APPENDIX OF WP(C) 618/2006

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PETITIONER EXHIBITS

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EXHIBIT	P1 PHOTOCOPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN WPC 5231/04 DATED 24/03/2004.
EXHIBIT	P2 GOVERNMENT ORDER DATED 05/05/2005.
EXHIBIT	P3 PHOTOCOPY OF THE PROFORMA DIRECT PAYMENT AGREEMENT EXECUTED BY PETITIONERS 1 & 3.
EXHIBIT	P4 PHOTOCOPY OF THE PROFORMA OF DIRECT PAYMENT EXECUTED BY THE 2ND, 4TH AND 5TH PETITIONERS.
EXHIBIT	P5 PHOTOCOPY OF THE RELEVANT PORTION OF THE PROSPECTS.
EXHIBIT	P6 PHOTOCOPY OF A REPRESENTATION DATED
	15/11/2005 FILED BY THE 5TH PETITIONER.
EXHIBIT	P7 PHOTOCOPY OF THE GO(RT) NO. 107/2006/H.EDN. DATED 17/01/2006.
EXHIBIT	P8 PHOTOCOPY OF THE RELEVANT PAGES OF
	THE PROSPECTUS FOR B.ED ADMISSION 2006.

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//TRUE COPY//

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PA TO JUDGE

Karmela Rani Training College, Kollam v. State of Kerala

Case brief

What is this about?

What did the court decide?

Karmela Rani Training College, Kollam v. State of Kerala

Case brief

What is this about?

What did the court decide?

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