The High Court dismissed the writ petition after noting that under a subsequent judgment, no issues survived except for an instruction regarding statutory compliance.
Writ petition closed; liberty granted to approach Court for future clarification.
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 DEVAN RAMACHANDRAN WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, 1944 WP(C) NO. 562 OF 2021
PETITIONER:
M/S.NIRMAL INFOPARK (INDIA) LTD., INFOPARK P.O, KAKKANAD, KOCHI, KERALA - 682042, REPRESENTED BY ITS CHIEF FINANCIAL OFFICER.
BY ADVS.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE SHRI.ABI BENNY AREECKAL SMT.LEAH RACHEL NINAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, 4TH FLOOR, ANNEX II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
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7 M/S. ISDC PROJECTS (INDIA) PVT.LTD., 10/1, 4TH FLOOR, LAKSHMI NARAYAN COMPLEX, PALACE ROAD, VASANTH NAGAR, BENGALURU - 560052, KARNATAKA, REPRESENTED BY ITS MANAGING DIRECTOR.
(ADDRESS OF R11 IS CORRECTED AND SUBSTITUTED AS
MR.TOM MANNAPURATH JOSEPH, MANNAPURATH HOUSE, VAZHAKKULAM P.O., ERNAKULAM - 686 670
AS PER ORDER DATED 1/03/2021 IN IA3/2021 IN WP(C)562/2021)
12 M/S. ISDC CREATIVE EDUCATION PVT. LTD., PADINJAREDATHU MANNATHOOR, THIRUMARADY,
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KOTTAYAM, PIN - 686667, REPRESENTED BY ITS MANAGING DIRECTOR.
13 M/S. ISDC SERVICE INDIA PRIVATE LTD., NIRMAL INFOPARK, 14, KINFRA EXPORT PROMOTION INDUSTRIAL PARK LTD., KAKKANADU, ERNAKULAM, PIN - 682030, REPRESENTED BY ITS MANAGING DIRECTOR.
*14 SHADWELL'S EDUCATION MANAGEMENT DELETED PVT. LTD., 178/3. MANNAPURATHU BUILDING, VAZHAKKULAM P.O, MUVATTUPUZHA, ERNAKULAM, PIN - 686670, REPRESENTED BY ITS MANAGING DIRECTOR.
*R14 IS DELETED AS PER ORDER DATED 24.2.2021 IN IA 2/2021 IN WP(C)562/2021.
15 KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA), KINFRA HOUSE, TC 31/2312, SASTHAMANGALAM, THIRUVANANTHAPURAM – 695010, REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.SRI.S.KRISHNAMOORTHY, CGC SRI.ASOK M.CHERIAN SRI.K.JAJU BABU (SR.) SRI.P.U.SHAILAJAN SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.PARVATHY.K-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
When this matter was called today, learned
counsel on both sides were ad idem that, in view of the judgment dated 11.11.2022 in W.P. (C)No.28074/2022, nothing survives in this writ petition, except to record that the 7th respondent – M/s.ISDC Projects (India) Pvt. Ltd. will conduct their course in strict compliance with all statutory permissions and clearances, including that of the University Grants Commission, wherever applicable.
In the afore circumstances, adverting to the judgment in W.P.(C)No.28074/2022, I close this writ petition; however, leaving liberty to the petitioner to approach this Court seeking any clarification, if so required in future.
Sd/-
DEVAN RAMACHANDRAN JUDGE
akv
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APPENDIX OF WP(C) 562/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER NO.KIN/IX/KEPIPEKM(11)/2019-20 RECEIVED BY THE PETITIONER FROM KINFRA. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 20.05.2020 SENT BY THE PETITIONER TO M/S. ISDC PROJECTS(INDIA) PVT LTD. EXHIBIT P2(A) TRUE COPY OF THE LETTER DATED 26.05.2020 SENT BY THE PETITIONER KINFRA. EXHIBIT P3 TRUE COPY OF THE LAWYER NOTICE DATED 15.06.2020 SENT ON BEHALF OF THE PETITIONER TO M/S. ISDC PROJECTS (INDIA) PVT LTD. EXHIBIT P4 TRUE COPY OF THE LAWYER NOTICE SENT ON BEHALF OF THE PETITIONER TO M/S. ISDC PROJECTS (INDIA) PVT., M/S. ISDC CREATIVE EDUCATION PVT. LTD AND M/S. ISDC SERVICE INDIA PRIVATE LTD, DATED 15.06.2020. EXHIBIT P4(A) TRUE COPY OF THE LAWYER NOTICE DATED 16.06.2020 SENT TO 11TH RESPONDENT AND M/S. ISDC PROJECTS(INDIA)PVT. EXHIBIT P5 TRUE COPY OF THE REPLY NOTICE DATED 29.06.2020 SENT ON BEHALF OF M/S. ISDC PROJECTS(INDIA) PVT.LTD EXHIBIT P6 TRUE COPY OF THE REPLY NOTICES DATED 29.06.2020 SENT ON BEHALF OF M/S. ISDC PROJECTS (INDIA) PVT. LTD AND 2 OTHERS. EXHIBIT P6(A) TRUE COPY OF THE EMIL DATED 13.07.2020
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| SENT BY THE 11TH RESPONDENT. | |
|---|---|
| EXHIBIT | P6(B) TRUE COPY OF THE REPLY NOTICE DATED 20.07.2020 SENT BY THE PETITIONER. |
| EXHIBIT | P7 TRUE COPY OF THE PROSPECTUS OF INDIAN SCHOOL OF COMMERCE. |
| EXHIBIT | P8 TRUE COPY OF THE UGC (INSTITUTIONS DEEMED TO BE UNIVERSITIES) REGULATIONS, 2019. |
| EXHIBIT | P9 TRUE COPY OF THE DETAILS OF THE COMPANIES AS DOWNLOADED FROM HTTPS://BETA.COMPANIESHOUSE.GOV.UK/. |
| EXHIBIT | P10 TRUE COPY OF THE CONTACT ADDRESS TAKEN FROM THE WEBSITE HTTP://ISDCGLOBAL.ORG/. |
| EXHIBIT | P11 TRUE COPY OF THE PRINT OUT OF THE RELEVANT PORTION FROM THE WEBSITE OF INTERNATIONAL SKILL DEVELOPMENT CORPORATION (ISDC) GLOBAL |
| EXHIBIT | P12 TRUE COPY OF THE PRINT OUT OF THE RELEVANT PORTIONS REGARDING ISCA TAKEN FROM THE WEBSITE OF INTERNATIONAL SCHOOL OF CREATIVE ARTS (ISCA) GLOBAL |
| EXHIBIT | P13 TRUE COPY OF THE PRINTOUT OF THE RELEVANT PORTIONS REGARDING ISC FROM THE WEBSITE OF THE INDIAN SCHOOL OF COMMERCE (ISC) |
| EXHIBIT | P14 TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN PROF.YASHPAL AND ANOTHER V.STATE OF CHHATISGARGH AND OTHERS, REPORTED IN (2005) 5 SCC 420 |
| EXHIBIT | P15 TRUE COPY OF THE UNIVERSITY GRANTS COMMISSION (PROMOTION AND MAINTENANCE OF STANDARDS OF ACADEMIC COLLABORATIONS |
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BETWEEN INDIAN AND FOREIGN EDUCATIONAL INSTITUTIONS) REGULATIONS, 2012 EXHIBIT P16 TRUE COPY OF THE JUDGMENT IN WPC NO.5937/2010 DATED 26.9.2014 EXHIBIT P17 TRUE COPY OF THE PUBLIC NOTICE DATED 31ST MAY, 2019 ISSUED BY THE UNIVERSITY GRANTS COMMISSION EXHIBIT P18 TRUE COPY OF THE JUDGMENT DATED 25.09.2012 IN WA NO.110 OF 2011 ZIYAD ALI.V.COMMISSIONER OF POLICE AND OTHERS EXHIBIT P19 TRUE COPY OF THE ADVERTISEMENTS PUBLISHED BY THE INTERNATIONAL SCHOOL OF CREATIVE ARTS AND INDIAN SCHOOL OF COMMERCE EXHIBIT P20 COPY OF THE NOTICE FOR TERMINATION OF LEASE DEED DATED 20.07.2020 EXHIBIT P21 TRUE COPY OF THE PRINT OUT OF COMPANY MASTER DATA FROM THE MCA WEBSITE SHOWING DETAILS OF M/S. ISDC PROJECTS (INDIA) PVT.LTD. M/S. ISDC CREATIVE EDUCATION PVT.LTD AND M/S. ISDC SERVICES INDIA PRIVATE LTD EXHIBIT P22 TRUE COPY OF THE CHANGE OF REGISTERED OFFICE ADDRESS OF SHADWELLS GLOBAL LIMITED DATED 27.11.2018 EXHIBIT P23 TRUE COPY OF THE PRINTOUT TAKEN FROM THE WEBSITE OF COMPANIES HOUSE HTTPS://BETA.COMPANIESHOUSE.GOV.UK/COMPA NY/07098819 ON 01.07.2020 EXHIBIT P24 TRUE COPY OF THE PRINT OUT OF THE COMPANY MASTER DATA OF SHADWELLS EDUCATION MANAGEMENT PRIVATE LTD. FROM
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THE MCA WEBSITE
EXHIBIT P25 TRUE COPY OF THE EMAIL SENT BY MR.VISHAL REPRESENTATIVE OF JAIN DEEMED-TO-BE UNIVERSITY
RESPONDENT'S/S EXHIBITS :
EXHIBIT R7(A) COPY OF THE TRADE MARK SUBMITTED BY THE PETITIONER BEFORE THE 15TH RESPONDENT. EXHIBIT R7(B) COPY OF THE PROPOSAL SUBMITTED BY THE PETITIONER BEFORE THE 15TH RESPONDENT. EXHIBIT R7(C) COPY OF THE NEWSPAPER REPORT DATED 17.11.2012 WHICH APPEARED IN HINDU. EXHIBIT R7(D) COPY OF THE AGREEMENT DATED 15.10.2018 ENTERED INTO BETWEEN THE PETITIONER AND THE 7TH RESPONDENT. EXHIBIT R7(E) COPY OF THE ORDER DATED 26.8.2020 IN I.A.NO.1/2020 IN WP(C)NO.9980/2020 OF THIS HON'BLE COURT. EXHIBIT R7(F) COPY OF THE ORDER DATED 24.09.2020 ISSUED BY THE HON'BLE REGISTRAR GENERAL OF THIS HON'BLE COURT. EXHIBIT R7(G) COPY OF THE E-MAIL DATED 29.8.2019 SENT BY THE PETITIONER. EXHIBIT R7(H) COPY OF THE E-MAIL SEND BY THE 7TH RESPONDENT TO THE PETITIONER DATED 20.02.2020. EXHIBIT R7(I) COPY OF THE REPLY DATED 2.2.2020 OF THE PETITITONER. EXHIBIT R7(J) COPY OF THE REPORT PUBLISHED ON 1.8.2013 IN NEW INDIAN EXPRESS NEWSPAPER.
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EXHIBIT R7(K) COPY OF THE NOTIFICATION OF THE UNIVERSITY GRANTS COMMISSION VIDE NO.1-2/2018 (CPP-1/DU) DATED 18.11.2020. EXHIBIT R7(L) COPY OF THE NOTIFICATION OF THE UNIVERSITY GRANTS COMMISSION VIDE NO.F.1-2/2018 (CPP-1/DU) DATED 20.2.2019. EXHIBIT R7(M) COPY OF THE ANNUAL REPORT AND UNAUDITED ACCOUNTS FOR THE PEROID FROM 1ST NOVEMBER 2018 TO 31ST MARCH 2020 FILED BY THE ISDC GLOBAL SERVICES LIMITED. EXHIBIT R7(N) COPY OF THE CERTIFICATE OF INCORPORATION OF ISDC EDUCATION INFRA SERVICES LTD AND MEMORANDUM OF ASSOCIATION. EXHIBIT R7(O) PHOTOGRAPHS OF THE PETITIONER COMPANY SHOWS AN ACTIVE PARTICIPANT IN ALMOST ALL THE FUNCTIONS OF ISDC. EXHIBIT R11(a) COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 1.11.2015. EXHIBIT R11(b) COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 17.10.2016.
2 issues framed by the court
Whether the writ petition survives in view of the judgment in W.P. (C)No.28074/2022?
Whether the parties are required to proceed with strict compliance of statutory permissions?
Colour shows how this judgement treated each authority
see judgment dated 11.11.2022Followed¶41
W.P. (C)No.28074/2022
see judgment cited in Exhibit P14Referred
Prof. Yashpal and another v. State of Chhattisgarh and others, (2005) 5 SCC 420 · Who else cites this
see judgment cited in Exhibit P18Referred
WA No.110 of 2011 Ziyad Ali v. Commissioner of Police and others
M/S.NIRMAL INFOPARK (INDIA) LTD.
STATE OF KERALA
UNIVERSITY GRANTS COMMISSION
NATIONAL ASSESSMENT AND ACCREDITATION COUNCIL
MAHATMA GANDHI UNIVERSITY
DIRECTOR GENERAL OF POLICE
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
