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Architecture College Managements Association (Acma), v. State of Kerala

Kerala HC7 Jun 2022WP(C)/18144/2022

Case brief

AI extract

What is this about?

This writ petition challenged the non-consideration of a request by the Architecture College Managements Association for uniformity in fee structures. The High Court directed the competent authority to decide on the request after affording the petitioner an opportunity of hearing before the new agreement execution.

What did the court decide?

Direction to competent authority to decide on the petitioner's request for fee uniformity and to accord hearing before new agreement execution.

Architecture College Managements Association (Acma)… — 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 P.B.SURESH KUMAR

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 7^TH DAY OF JUNE 2022 / 17TH JYAISHTA, 1944 WP(C) NO. 18144 OF 2022

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PETITIONERS:

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1 ARCHITECTURE COLLEGE MANAGEMENTS ASSOCIATION (ACMA),REPRESENTED BY ITS GENERAL SECRETARY, ACMA OFFICE, TALENT INSTITUTE OF ARCHITECTURE, MUDUR P.O., EDAPPAL, MALAPPURAM DISTRICT-679578.

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2 DEVAKI AMMA'S GURUVAYURAPPAN COLLEGE OF ARCHITECTURE, CHELEMBRA, PULLIPARAMBA P.O., MALAPPURAM DISTRICT-673634, REPRESENTED BY THE MANAGING TRUSTEE (MANAGER), DEVAKI AMMA MEMORIAL TRUST, MAANU, 5/453-B1, SASTRI NAGAR, ERRANHIPALAM, KOZHIKODE-673006.

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BY ADVS. GEORGE JACOB (JOSE) AJU GEORGE JACOB ROSHAN JACOB MUNDACKAL

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 FEE REGULATORY COMMITTEE, FOR PROFESSIONAL COLLEGES IN KERALA, REPRESENTED BY ITS CHAIRMAN, M.P. APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

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BY ADV.K.B.RAMANAN, SPL.GP. MARY BENJAMIN,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.18144 of 2022

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P.B.SURESH KUMAR & C.S.SUDHA, JJ.

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W.P.(C) No.18144 of 2022

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Dated this the 7^th day of June, 2022.

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J U D G M E N T

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P.B.Suresh Kumar, J.

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The first petitioner is an association of the Managements of Architecture Colleges in the State conducting B.Arch Course. It is stated that there are 28 such colleges in the State. Tuition fees and miscellaneous fees are collected from the students admitted in the colleges for the said course based on the terms of the consensual agreement entered into by the first petitioner with the State Government based on the fixation made by the Government. It is the case of the petitioners that the last fixation of fees was made for the year 2015-2016 and all throughout, separate fees have been fixed for the students

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W.P.(C) No.18144 of 2022

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admitted on merit through the centralised allotment process of the Government and for students admitted by the management. Ext.P12 is a representation preferred by the first petitioner association before the Government requesting for uniformity in the fees structure to eliminate cross subsidy. It is stated in Ext.P12 representation that the first petitioner association is not seeking a revision in the fees, but they are seeking only uniformity in the fees structure. The grievance voiced by the petitioners in the writ petition is that Ext.P12 is not being considered.

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Heard the learned counsel for the petitioners as also the learned Government Pleader.

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The claim made by the first petitioner in Ext.P12 representation is one to be considered at the first instance by the Government.

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In the circumstances, we deem it appropriate to direct the competent authority of the Government to take a decision on Ext.P12, after affording an opportunity of hearing to the first petitioner. Ordered accordingly. This shall be done

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W.P.(C) No.18144 of 2022

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before the members of the first petitioner association are called upon to execute the consensual agreement for the current year.

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The writ petition is disposed of as above.

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Sd/P.B.SURESH KUMAR, JUDGE.

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Sd/C.S.SUDHA, JUDGE.

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W.P.(C) No.18144 of 2022

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APPENDIX OF WP(C) 18144/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE STATEMENT PORTRAYING THE NAMES AND ADDRESSES OF 28 MEMBER COLLEGES OF THE 1ST PETITIONER ASSOCIATION. Exhibit P2 TRUE COPY OF GO(MS) NO. 272/2014/H.EDN DATED 13/06/2014 ISSUED BY THE 1ST RESPONDENT PURSUANT TO THE AGREEMENT DATED 11/06/2014 EXECUTED BETWEEN 1ST PETITIONER AND 1ST RESPONDENT. Exhibit P3 TRUE COPY OF GO(MS) NO. 378/2015/H.EDN DATED 03/07/2015 ISSUED BY THE 1ST RESPONDENT PURSUANT TO THE AGREEMENT DATED 17/06/2015 EXECUTED BETWEEN 1ST PETITIONER AND 1ST RESPONDENT. Exhibit P4 TRUE COPY OF PETITION DATED 15/03/2020 OF THE 2ND PETITIONER ADDRESSED TO THE 2ND RESPONDENT COMMITTEE. Exhibit P5 TRUE COPY OF THE LETTER DATED 13/02/2020 OF THE 2ND RESPONDENT ADDRESSED TO THE 1ST RESPONDENT.` Exhibit P6 TRUE COPY OF THE PETITION DATED 31/03/2021 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT. Exhibit P7 TRUE COPY OF THE PETITION DATED 01/09/2021 OF THE 1ST PETITIONER ADDRESSED TO THE 2ND RESPONDENT. Exhibit P8 TRUE COPY OF THE RELEVANT EXTRACT OF COMMUNICATION DATED 20/09/2021 OF THE 2ND RESPONDENT ADDRESSED TO THE 1ST PETITIONER. Exhibit P9 TRUE COPY OF THE PETITION DATED 21/09/2021 OF THE 1ST PETITIONER ADDRESSED TO THE HON'BLE MINISTER FOR HIGHER EDUCATION.

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W.P.(C) No.18144 of 2022

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Exhibit P10	TRUE COPY	OF THE AGREEMENT DATED
	13/10/2021 RESPONDENT	EXECUTED BETWEEN THE 1ST AND THE 1ST PETITIONER.
Exhibit P11	TRUE COPY O DATED 16/1 RESPONDENT.	F GO(MS) NO. 451/2021/H.EDN. 0/2021 ISSUED BY THE 1ST
Exhibit P12	TRUE COPY	OF THE PETITION DATED
	04/02/2022	OF THE 1ST PETITIONER
	ADDRESSED	TO THE HON'BLE MINISTER OF
	HIGHER EDUC	ATION.

Architecture College Managements Association (Acma), v. State of Kerala

Case brief

What is this about?

What did the court decide?

Architecture College Managements Association (Acma), v. State of Kerala

Case brief

What is this about?

What did the court decide?

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