Jithu Mohan T. v. State of Kerala & Ors.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **TUESDAY, THE 09TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941 WP(C).No. 5774 of 2019** ## **PETITIONER/S:** |**1**|**JITHU MOHAN T., AGED 21 YEARS**| |---|---| ||**8TH SEMESTER B.TECH STUDENT (2015 BATCH),**| ||**SREE NARAYANA INSTITUTE OF TECHNOLOGY,**| ||**THEPPUPARA P.O, ADOOR, PATHANAMTHITTA 691 554.**| |**2**|**MUHAMMED ABSHER K,**| ||**8TH SEMESTER B.TECH STUDENT (2015 BATCH), SREE**| ||**NARAYANA INSTITUTE OF TECHNOLOGY,**| ||**THEPPUPARA P.O,**| ||**ADOOR, PATHANAMTHITTA 691 554.**| |**3**|**AMAL G,**| ||**8TH SEMESTER B.TECH STUDENT (2015 BATCH),**| ||**SREE NARAYANA INSTITUTE OF TECHNOLOGY,**| ||**THEPPUPARA P.O, ADOOR,**| ||**PATHANAMTHITTA 691 554.**| ||**BY ADVS.**| ||**SRI.T.B.HOOD**| ||**SMT.M.ISHA**| ## **RESPONDENT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY SECRETARY TO GOVERNMENT,**| ||**HIGHER EDUCATION DEPARTMENT,**| ||**SECRETARIAT,**| ||**THIRUVANANTHAPURAM 695 001.**| |**2**|**THE COMMISSIONER OF ENTRANCE EXAMINATIONS,**| ||**HOUSING BOARD BUILDING, SHANTHI NAGAR,**| ||**THIRUVANANTHAPURAM 695 001.**| **WP(C).No. 5774 & 5858 of 2019** 2 **3 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM 695 016.** **4 PRINCIPAL, SREE NARAYANA INSTITUTE OF TECHNOLOGY, THEPPUPARA P.O, ADOOR, PATHANAMTHITTA 691 554.** **BY ADV. SRI.ELVIN PETER P.J.** ## **OTHER PRESENT:** **SRI.B.UNNIKRISHNA KAIMAL,GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2019, ALONG WITH WP(C).5858/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 5774 & 5858 of 2019** 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **TUESDAY, THE 09TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941** # **WP(C).No. 5858 of 2019** ## **PETITIONER/S:** **SREE NARAYANA INSTITUTE OF TECHNOLOGY THEEPUPARA P.O, ADOOR, PATHANAMTHITTA-691554., REPRESENTED BY ITS PRINCIPAL.** **BY ADVS.** **SRI.BECHU KURIAN THOMAS (SR.) SMT.SUZANNE KURIAN SRI.RONY JOSE** ## **RESPONDENT/S:** - **1 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION NELSON MANDELA, MARG VASANT KUNJ, NEW DELHI-110070.** - **2 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMUS, THIRUVANANTHAPURAM-695016, REPRESENTED BY ITS REGISTRAR.** - **3 STATE OF KERALA, THIRUVANANTHAPURAM-695034, REPRESENTED BY ITS REGISTRAR. BY ADV. SRI.THOMAS ABRAHAM, SC,** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2019, ALONG WITH WP(C).5774/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 5774 & 5858 of 2019** 4 ## **J U D G M E N T** Sree Narayana Institute of Technology (hereinafter referred to as the 'College') as well as the 8[th] semester B.Tech students of that college (hereinafter referred to as the 'students') have filed these writ petitions, aggrieved by the refusal on the part of the APJ Abdul Kalam Technological University (the 'University' for short) to correct the nomenclature of the B.Tech Degree Course as Mechanical (Automobile) Engineering course in the place of Automobile Engineering course. W.P. (C).No.5775 of 2019 is filed by the students and W.P.(C).No.5858 of 2019 is filed by the College. Parties and documents referred to in this judgment are as described in the WP(C) No.5774/2019. 2. The students got admission in the College to B.Tech Degree course in Mechanical (Automobile) Engineering, on the basis of Exts.P1 to P3 allotment memos issued by the Commissioner for Entrance **WP(C).No. 5774 & 5858 of 2019** 5 Examination in the year 2015-16. At the time of their admission, the College was affiliated to the University of Kerala. Ext.P5 affiliation certificate, issued by the University of Kerala, would show that B.Tech in Mechanical Engineering (Automobile) is one of the courses for which the College was granted provisional affiliation. When the Technological University came into existence, the affiliation of the College got transferred to that University by virtue of Section 60 of the Abdul Kalam Technological University Act. When the University issued affiliation order the name of the course was shown as B.Tech (Automobile Engineering) instead of Mechanical Engineering (Automobile). Thereupon the College requested for its correction. After repeated requests from the College, the University issued Ext.P8 order dated 03.08.2017 correcting the affiliation granted to the under graduate course in the name Automobile Engineering as Mechanical Engineering (Automobile) from the **WP(C).No. 5774 & 5858 of 2019** 6 academic year 2016-17 onwards saying that the course mapping of 2015-16 batch was already over by 201617. That order was issued on the basis of corrigendum issued by the AICTE correcting the nomenclature of the undergraduate course 'Automobile Engineering' as 'Mechanical Engineering (Automobile)'. 3. Petitioners point out that the University of Kerala had been issuing Degree Certificates in Mechanical Engineering (Automobile) to the students of the previous batch of the College, as can be seen from Ext.P5 certificate. They have also pointed out that the Government had issued no objection for introducing the course and that allotment was made to the course in Mechanical Engineering (Automobile) by the Commissioner for Entrance Examination based on the request made by the College in Ext.P5 letter dated 03.05.2012. Petitioners allege that there is no justification in limiting the correction of name from 2016-17 only and in not extending the benefit **WP(C).No. 5774 & 5858 of 2019** 7 of correction to the 2015-16 batch also. 4. Aggrieved by Ext.P8, the College had filed W.P.(C).No.27865 of 2017, seeking for direction to the respondents for affiliation to the course from the academic year 2015-16 onwards. This Court directed the University to consider their request for correction for the academic year 2015-16. However, as per Ext.P11 letter petitioners are informed that their request was rejected. In Ext.P11 letter no reason was stated for the rejection. The College has in their writ petition produced the minutes of the meeting as Ext.P12, based on which the rejection was intimated. The students have in paragraph 10 of their Writ Petition stated as follows: _10. It is submitted that the 3[rd] respondent University issued Ext.P11 on the basis of hearing conducted by the Dean (Academic). Dean (Academic) is an officer of the University appointed under section 19 of the AJP Abdul Kalam Technological University Act, 2015 (for short the Act). An Officer responsible for the implementation of the academic policies approved by the Executive Committee, the Dean (Academic) has no independent power in academic matters. As per Section 34 of the Act, it is for the Academic Committee constituted under Section 31 of the Act to advice the Executive Committee on academic matters, to prescribe the course of studies in the Colleges etc. The Academic_ **WP(C).No. 5774 & 5858 of 2019** 8 _Committee of the University has not considered the matter before issuance of Ext.P11 letter._ 5. Petitioners point out that various materials were produced relating to the syllabus and contents of curriculum in respect of the courses which the petitioners are undergoing each semester and that none of these aspects are seen considered before the rejection. Relying on the judgment in **Nanditha v APJ. Abdul Kalam Technological Universit** y [2017 (3) KLT 1089], they assert that the affiliation under the University of Kerala has to continue on transfer to the University and the students who got admission in the college based on their option to the Mechanical Engineering (Automobile Course) and who got allotment by centralized process cannot be put to prejudice after they completed several semesters of the course. 6. Even though, the 3[rd] respondent has filed a statement pointing out the reasons for correcting the nomenclature of the course only from 2016-17 **WP(C).No. 5774 & 5858 of 2019** 9 onwards, I find that there is force in the contention of the petitioners in as much as there is no material to show that a decision was taken by the academic committee. It would show that the Dean alone has considered their request, which would not be sufficient. Therefore the order Ext.P11 passed by the University shall stand set aside. There shall be a direction to the University to place the matter before the academic committee and to take a decision on the request of the petitioners after affording an opportunity of hearing to the petitioners in both these cases as expeditiously as possible at any rate within a period of two months. The Writ Petitions are disposed of accordingly. ## **P.V.ASHA, JUDGE.** AS/rkr **WP(C).No. 5774 & 5858 of 2019** 10 ## **APPENDIX OF WP(C) 5774/2019** **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1** - **TRUE COPY OF THE ALLOTMENT MEMO ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT** - **EXHIBIT P2 TRUE COPY OF THE ALLOTMENT MEMO ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT.** - **EXHIBIT P3 TRUE COPY OF THE ALLOTMENT MEMO ISSUED TO THE 3RD PETITIONER BY THE 2ND RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF THE AFFILIATION ORDER DATED 19-04-2012 ISSUED BY THE UNIVERSITY OF KERALA.** - **EXHIBIT P5 TRUE COPY OF THE AFFILIATION CERTIFICATE DATED 20-05-2015 ISSUED BY THE UNIVERSITY OF KERALA** - **EXHIBIT P6 TRUE COPY OF THE LETTER DATED 03-052012 SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.** - **EXHIBIT P7 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY THE UNIVERSITY OF KEERALA TO SRI. ANUP G. PRATHAP, WHO WAS STUDENT OF THE 4TH RESPONDENT COLLEGE.** - **EXHIBIT P8 TRUE COPY OF THE ORDER DATED 02-082017 ISSUED BY THE 3RD RESPONDENT UNIVERSITY** - **EXHIBIT P9** - **TRUE COPY OF THE JUDGMENT DATED 11-** **WP(C).No. 5774 & 5858 of 2019** 11 **09-2018 IN WRIT PETITION (CIVIL) NO. 27865/2017** **EXHIBIT P10 TRUE COPY OF THE LETTER DATED 30-102018 ISSUED BY THE 3RD RESPONDENT UNIVERSITY TO THE 4TH RESPONDENT. EXHIBIT P11 TRUE COPY OF LETTER DATED 13-11-2018 ISSUED BY THE 3RD RESPONDENT UNIVERSITY TO THE 4TH RESPONDENT.** **RESPONDENTS' EXHIBITS:** **ANN.R3(A) TRUE COPY OF ORDER NO.F.NO.SOUTH WEST/1-2010816863/2014/EOA DATED 04.06.2014 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION. ANN.R3(B) TRUE COPY OF ORDER NO.F.NO.SOUTH WEST/1-2493367655/2015/EOA CORRIGENDUM-1 DATED 23.06.2015 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION.** **WP(C).No. 5774 & 5858 of 2019** 12 ## **APPENDIX OF WP(C) 5858/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE ORDER NUMBERED AS AC.B/02/43857/2010, DATED 19.04.2012 ISSUED BY THE 3RD RESPONDENT.** **EXHIBIT P1 A** **A TRUE COPY OF THE LETTER NUMBERED AS NO.14655/G3/12/H.EDN DATED 03.05.2012 ISSUED BY THE PRINCIPAL SECRETARY (STATE GOVERNMENT) TO THE COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM.** - **EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE OF AFFILIATION FOR THE YEAR 2015-16 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT P2 A A TRUE COPY OF A DEGREE CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 06.04.2017.** - **EXHIBIT P3 A TRUE COPY OF THE ALLOTMENT MEMO DATED 0907-2015 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS TO ONE JIBIN S.** - **EXHIBIT P3 A A TRUE COPY OF THE ALLOTMENT MEMO DATED 0907-2015 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS TO VISHNU P.K.** - **EXHIBIT P3 B A TRUE COPY OF THE ALLOTMENT MEMO DATED 0907-2015 ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS TO HARIGOVIND P.S,** - **EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 08-07-2015 SUBMITTED BY THE PETITIONER TO 2ND RESPONDENT.** - **EXHIBIT P5 A TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER DATED 30.01.2017 TO THE 2ND RESPONDENT.** - **EXHIBIT P5 A A TRUE COPY OF THE LETTER DATED 25.07.2017** **WP(C).No. 5774 & 5858 of 2019** 13 **ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.** **EXHIBIT P5 B A TRUE COPY OF THE REQUEST SUBMITTED BY PETITIONER TO 2ND RESPONDENT.** **EXHIBIT P6 A TRUE COPY OF THE CORRIGENDUM DATED 26.07.2017 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 02.08.2017 NO.KTU/AF/286/2016 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P8 A TRUE COPY OF THE LETTER DATED 05.08.2017 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.** - **EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 11.09.2018 IN WPC NO.27865 OF 2017 ON THE FILE OF THE HON'BLE COURT.** - **EXHIBIT P10 A TRUE COPY OF THE LETTER NUMBERED AS NO.KTU/AF/286/2016 AND DATED 13.11.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.** - **EXHIBIT P11 A TRUE COPY OF THE LETTER DATED 16.11.2019 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.** - **EXHIBIT P12 A TRUE COPY OF THE LETTER NUMBERED AS NO.KTU/AF/286/2016 AND DATED 12.02.2019.** **EXHIBIT P13 A TRUE COPY OF THE COURSE AND SYLLABUS COMPARISON FOR B.TECH IN MECHANICAL (AUTOMOBILE) & AUTOMOBILE ENGINEERING COURSES, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.**