ANSAR KAREEM & MENINO FRUTO v. STATE OF KERALA & OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **FRIDAY, THE 18TH DAY OF NOVEMBER 2016/27TH KARTHIKA, 1938** ## **WP(C).No. 35649 of 2016 (E)** **----------------------------** **PETITIONER(S):** **-----------------------** **1. ANSAR KAREEM, AGED 22 YEARS, S/O C.U. ABDUL KAREEM, CHERUKOPATHALIL, SHYMA MANZIL, ERUMELY P.O, KOTTAYAM DISTRICT -686 509,** **2. MENINO FRUTO, AGED 23 YEARS, S/O K.E.N. KUNHAHAMED, RESIDING AT KOODU, FEROKE P.O, CALICUT -673 631.** **BY SRI.P.K.SURESH KUMAR, SENIOR ADVOCATE. ADVS. SRI.SHANKAR V.** **RESPONDENT(S):** **--------------------------** **1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001.** **2. APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, (ERSTWHILE KERALA TECHNOLOGICAL UNIVERSITY), CET CAMPUS, THIRUVANANTHAPURAM-695 016, REPRESENTED BY ITS REGISTRAR.** **3. THE COLLEGE OF ENGINEERING, TRIVANDRUM, REPRESENTED BY ITS PRINCIPAL, THIRUVANANTHAPURAM- 695 016.** **4. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM- 695 001.** **WP(C).No. 35649 of 2016 (E)** **5. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REPRESENTED BY ITS CHAIRMAN, 7TH FLOOR, CHANDRALOK BUILDING, JANPATH, NEW DELHI- 110 001.** **R1, R3 & R4 BY SR. GOVT. PLEADER SRI.MATHEW G.VADAKKEL. R2 & R5 BY ADV. SRI.S.KRISHNAMOORTHY, SC.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** rs. ## **WP(C).No. 35649 of 2016 (E)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:-** - **EXHIBIT P1 TRUE COPY OF THE SAID LETTER DATED 25-04-2016.** **EXHIBIT P2 TRUE COPY OF THE NOC ISSUED BY THE 2ND RESPONDENT UNIVERSITY DATED 10-06-2016.** - **EXHIBIT P3 TRUE COPY OF THE ORDER 21-06-2016 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 25-06-2016 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF THE CIRCULAR DATED 01-07-2016.** - **EXHIBIT P6 TRUE COPY OF THE SCREEN SHOT TAKEN FROM THE OFFICIAL WEBSITE OF THE 2ND RESPONDENT UNIVERSITY.** - **EXHIBIT P7 TRUE COPY OF THE WEB PAGE SHOWING THE CURRICULUM DETAILS OF THE COURSE OF THE PETITIONERS IN THE WEB PAGE OF THE 2ND UNIVERSITY CIRCULAR.** - **EXHIBIT P8 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE STUDENTS BEFORE THE 2ND RESPONDENT DATED 07-10-2016** - **EXHIBIT P8(A) TRUE COPY OF THE REPRESENTATION PREFERRED BY THE STUDENTS BEFORE THE 2ND RESPONDENT DATED 07-10-2016** - **EXHIBIT P8(B) TRUE COPY OF THE REPRESENTATION PREFERRED BY THE STUDENTS BEFORE THE 2ND RESPONDENT DATED 07-10-2016** **RESPONDENT'S EXHIBITS:NIL.** ## **//TRUE COPY//** ## **P.S. TO JUDGE** rs. ## **A.M. SHAFFIQUE, J.** -------------------------------------W.P.(C).No.35649 of 2016 ------------------------------------------------Dated this the 18[th] day of November, 2016 ## **J U D G M E N T** Two of the students who had joined M.Tech course in Manufacturing and Automation as well as in Robotics and Automation have approached this Court inter alia seeking for a direction to the 2[nd] respondent to provide affiliation to M.Tech courses in the aforesaid subjects. 2. The short facts involved in the writ petition would disclose that the College of Engineering, Trivandrum obtained approval for starting the aforesaid two courses from AICTE as per approval order dated 25.04.2016. Thereafter, the college sought for no objection certificate from the APJ Abdul Kalam Technological University, which was granted on 10.06.2016 in terms of Ext.P2. The Government also granted no objection certificate for starting the M.Tech course in the aforesaid two subjects with an intake of 18 seats each for the academic year 2016-17 as evident from Ext.P3 dated 21.06.2016 and Ext.P4 dated 25.06.2016. Pursuant to the above, admissions were made by the Directorate of Technical Education as per the Central Allotment Scheme. The entire process of admissions were completed before the scheduled time as fixed by the Regulations of AICTE. However, when the petitioners noticed that examinations W.P.(C).No.35649 of 2016 2 are not being conducted by the University though similar institutions were conducting examination in respect of the very same course, they made enquiry and it was noticed that the University had not given affiliation to the aforesaid two courses. 3. The petitioners submit that when the students had been admitted for the aforesaid courses on the basis of no objection certificate granted by the University and the courses have started, there is no basis for the University to reject or refuse the affiliation, in which event, the students who have already got admission will be put to serious hardship. 4. Counter affidavit has been filed on behalf of the 2[nd] respondent inter alia stating that though a no objection certificate was given for sanctioning the new course, it was issued only at a belated stage on the request of the institution. Going by the decision of the Apex Court in _**Parshvanath Charitable Trust v. All India Council for Technical Education [(2013) 3 SCC 385]**_ , the cut off period for granting affiliation by the University is 31[st] May. Since the time had already expired, the University cannot be forced to grant affiliation at this stage. It is also submitted that the University had given affiliation to various courses during the present academic year 2016-17 as per University order dated 14.05.2016 which is produced as Ext.R2(a). In view of the decision in _**Parshvanath** '_ s case, if any affiliation is granted at this stage, it W.P.(C).No.35649 of 2016 3 amounts to violation of the directions issued by the Apex Court. 5. Heard the learned Senior Counsel appearing for the petitioners, the learned Standing Counsel appearing for the University and the learned Senior Government Pleader. 6. The main contention urged by the learned Senior Counsel appearing for the petitioners is that though in the judgment in Parshvanath's case the Apex Court had taken note of the time schedule fixed by the AICTE, the main issue dealt with by the Apex Court was regarding the time schedule of admission for a particular academic year. In this case it is contended that the admissions had been completed within the specified time and therefore, the refusal or grant of approval by the University may not be difficult as far as the University is concerned. It is also pointed out that when the University granted no objection certificate which had been acted upon and students had been admitted within the specified time, nothing prevents the University in granting affiliation even belatedly. 7. On the other hand the learned Standing Counsel appearing for the University fairly submits that a further inspection by the University is not required, since the approval had been granted by AICTE after conducting necessary inspection and therefore, grant of affiliation was only a formality which could have been granted, if the no objection certificate from the Government was received earlier. W.P.(C).No.35649 of 2016 4 However, on account of the fact that the Government notification came only on 21.06.2016 and 25.06.2016, the time fixed in Parshavanath's case has already expired. 8. Be that as it may, this is an instance where the affiliation to be granted by the University was only a formality taking into account the fact that the AICTE had already granted approval. In the said circumstances, I am of the view that even if the time had expired, necessarily, these courses ought to have been given affiliation. To avoid any inconvenience to the University, it would be appropriate that the University publishes a corrigendum to Ext.R2(a) to incorporate the aforesaid two courses as well in the matter relating to grant of affiliation, especially taking into account the fact that 36 students have already been admitted and they have undertaken the course after completing the procedure for admission in accordance with law. Accordingly, this writ petition is disposed of as under : The 2[nd] respondent University shall issue a corrigendum to Ext.R2(a) to ensure that the 3[rd] respondent college is granted affiliation to conduct the M.Tech courses in the subjects of Manufacturing and Automation as well as in Robotics and Automation with an intake of 18 students during the academic year 2016-17. The University shall make W.P.(C).No.35649 of 2016 5 all arrangements for conducting the examinations as well. Sd/- **A.M. SHAFFIQUE, JUDGE** AV