Allowed

The Badagara Educational Co-Operative Society Ltd. v. the Principal Secretary

Kerala HC15 Jun 2022WP(C)/13014/2022

Case brief

AI extract

What is this about?

Petitioner sought permission for KGCE courses. Respondent denied sanction citing proximity restriction not found in governing Government Orders. Court held restriction inapplicable due to absence in extant rules and urban location, directing sanction within one month.

What did the court decide?

Direction to 2nd respondent to process Ext.P1 and grant sanction for KGCE courses; proposed proximity to be ignored; timeline of one month for two courses and three months for others.

The Badagara Educational Co-Operative Society Ltd… — Education and Admissions | Kerala HC (2022)

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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 V.G.ARUN

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WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944
WP(C) NO. 13014 OF 2022

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PETITIONER/S:

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THE BADAGARA EDUCATIONAL CO-OPERATIVE SOCIETY LTD.
NO.D 2330, NEAR NEW BUS STAND, NARAYANA NAGARAM,
VATAKARA P.O., PIN- 673 101, REPRESENTED BY ITS
SECRETARY.
BY ADVS.
K.RAKESH ROSHAN
THUSHARA.V

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RESPONDENT/S:

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1 THE PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695 001.

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2 THE DIRECTOR DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695 036.

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3 THE ASSISTANT DIRECTOR REGIONAL OFFICE OF TECHNICAL EDUCATION DEPARTMENT, MALAPPARAMBU P.O., CALICUT - 673 009. BY ADV ADVOCATE GENERAL OFFICE KERALA

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OTHER PRESENT:

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GP RIYAL DEVASSY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13014 OF 2022

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JUDGMENT

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Dated this the 15^th day of June, 2022

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Petitioner is a registered Co-operative Society conducting educational institutions in Kozhikode District. The Society had submitted Ext.P1 application way back on 15.5.2017, seeking permission to start four Kerala Government Certificate in Engineering (KGCE) courses. Much later, an inspection was conducted at the proposed site on 10.12.2020. After verifying the facilities available and the registers maintained, the 3^rd respondent recommended to grant permission for starting two courses. Even though, the grant of permission for starting two KGCE courses. Despite such recommendation, sanction was not granted by the authority. While the petitioner was awaiting sanction, another inspection was conducted by the Assistant Director on 25.8.2021, and Ext.P2 note issued, seeking certain clarifications. One of the clarifications was regarding the number of KGCE institutions functioning within a radius of 5 Kms of the proposed institution. The petitioners

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WP(C) NO. 13014 OF 2022

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submitted Ext.P3 reply stating that, to their knowledge, no other Government approved institution is functioning within a radius of 5 Kms. The petitioner also offered to start the courses at another place, if need be. In spite of the clarification and the offer, the sanction was not accorded. On enquiry, the petitioners were informed that under the extant Government orders, there is prohibition against sanctioning of fresh KGCE courses within 5 Km radius of existing institutions. This writ petition is filed, seeking a direction to the 2^nd respondent to sanction and permit the petitioners Society to function and start the KGCE courses as applied for in Ext.P1 and to declaration that the minimum distance of 5 Kms between the proposed and existing KGCE institutions is not applicable to institutions in urban areas.

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2.Learned counsel for the petitioner drew attention to Ext.P4 Government Order dated 17.9.2022, wherein it is stated that in order to encourage healthy competition it is decided not to suggest any minimum distance between KGCE

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WP(C) NO. 13014 OF 2022

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institutions in urban areas. It is also stated that in rural area / Panchayat, KGCE institutions shall not be sanctioned within an approximate distance of 5 Kms. It is pointed out that the proposed institutions is within Vatakara Municipality and therefore, in an urban area. As such, there is absolutely no restrictions under Ext.P4.

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Learned counsel for the petitioner also drew attention to Ext.P7 order dated 8.5.2019, pertains to the restructuring of KGCE courses in the State from the academic year 20192020 onwards. It is submitted that even in the revised guidelines, no distance criteria is prescribed.

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4.Learned Government Pleader pointed out that, for the purpose of restructuring the procedure for grant of permission and conduct of KGCE institutions, the Government had formed a Committee. The Committee had recommended incorporation of restriction against grant of permission to new institutions, within a radius of 5 Kms in Municipal area and 3

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WP(C) NO. 13014 OF 2022

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Kms in Corporations. It is submitted that, even though such recommendation was made, it is not incorporated in Ext.P7.

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5.I find substantial merit in the contention of the learned counsel for the petitioner that, insofar as Exts.P4 and P7, which govern the grant of sanction and conduct of KGCE institutions, do not contain any restriction against sanctioning new courses within 5 Kms of existing institutions, there is no justification in refusing to grant sanction for the courses applied for by the petitioner. All the moreso, since the 2^nd respondent, after inspection and verification, had recommended grant of permission for two of the courses.

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The writ petition is hence allowed. The 2^nd respondent is directed to take up Ext.P1 application, to process the same and grant sanction for the KGCE courses, if the requirements are satisfied. The proposed site being within 5 Kms of an existing KGCE institution, shall not taken as a ground for rejecting the application, since the 2^nd respondent

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WP(C) NO. 13014 OF 2022

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recommended grant of sanction for two courses, the process of sanction for those two courses shall be completed within

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one month of receipt of a copy of this judgment. Appropriate

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orders with the respect to the other two courses shall be issued within three months.

Sd/-

V.G ARUN

JUDGE

WP(C) NO. 13014 OF 2022

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APPENDIX OF WP(C) 13014/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE APPLICATION DATED 15/5/2017
TO 2ND RESPONDENT ALONG WITH THE RELEVANT
DETAILS.
Exhibit P1ATRUE COPY OF THE CHALLAN RECEIPT FOR PAYMENT
OF INSPECTION FEE.
Exhibit P2TRUE COPY OF THE NOTE GIVEN BY THE 3RD
RESPONDENT DATED 25/8/2021 TO PETITIONER.
Exhibit P3TRUE COPY OF THE LETTER BY WAY OF REPLY BY
THE PETITIONER TO EXHIBIT P2.
Exhibit P4TRUE COPY OF THE GOVERNMENT ORDER OF THE 1ST
RESPONDENT DATED 17/9/2002.
Exhibit P5TRUE COPY OF THE APPLICATION BEFORE THE 2ND
RESPONDENT UNDER RIGHT TO INFORMATION BY ONE
MUHAMED RASHID.
Exhibit P6TRUE COPY OF THE REPLY GIVEN BY THE 2ND
RESPONDENT IS CONNECTION WITH EXHIBIT P5.
Exhibit P7TRUE COPY OF THE GOVERNMENT ORDER DATED
8/5/2019.
RESPONDENT ANNEXURES
annexure R2(a)True copy of GO.Ms.No.125/2019/HEdn
Dt.08.05.2019

The Badagara Educational Co-Operative Society Ltd. v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

The Badagara Educational Co-Operative Society Ltd. v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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