KMCT College of Engineering, N.I.T. Campus, Kozhikode v. APJ Abdul Kalam Technological University (formerly Kerala Technological University); University of Calicut; State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **WEDNESDAY, THE 3RD DAY OF AUGUST 2016/12TH SRAVANA, 1938** **WP(C).No. 22092 of 2016 (J) ----------------------------** **PETITIONER :** **KMCT COLLEGE OF ENGINEERING, N.I.T.CAMPUS(P.O),KOZHIKODE-673601, REPRESENTED BY ITS PRINCIPAL.** **BY ADVS.SRI.SHYAM PADMAN SRI.C.M.ANDREWS SMT.BOBY M.SEKHAR** **RESPONDENTS :** **1. APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, (INITIALLY KERALA TECHNOLOGICAL UNIVERSITY) CET CAMPUS,THIRUVANANTHAPURAM-695016. REPRESENTED BY ITS REGISTRAR.** **2. UNIVERSITY OF CALICUT,** - **CALICUT UNIVERSITY.P.O,THENHIPALAM, MALAPPURAM - 673635.** **3. STATE OF KERALA, REPRESENTED BY SECRETARY,DEPARTMENT HIGHER EDUCATION,SECRETARIAT,THIRUVANANTHAPURAM-695001. R1 BY ADV. SRI.S.KRISHNAMOORTHY, SC, R2 BY SRI.SANTHOSH MATHEW,SC, R3 BY SENIOR GOVERNMENT PLEADER SRI.RENIL ANTO** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2016,THE COURT ON 03-08-2016 DELIVERED THE FOLLOWING:** **bp** **WP(C).No. 22092 of 2016 (J)** ## **----------------------------** ## **APPENDIX** **PETITIONER(S)' EXHIBITS -----------------------** - **P1: TRUE COPY OF THE PROCEEDINGS AND ORDER DATED 15.05.2015,NO.KTU/A/593/2015 OF THE 1ST RESPONDENT** - **P2: TRUE COPY OF THE ORDER DATED 25.07.2015,U.O.NO.8081/2015/ADMN ISSUED BY R2** - **P3: TRUE COPY OF THE ORDER DATED 03.09.2015,G.O.(RT) NO.2286/2015/H.EDN ISSUED BY THE 3RD RESPONDENT** - **P4: TRUE COPY OF THE ORDER DATED 01.01.2016,U.O.NO.50/2016/ADMN ISSUED BY THE R2.** - **P5: TRUE COPY OF THE NOTIFICATION DATED 28.03.2016,NO.KTU/A/456/2016(1)ISSUED BY R1.** - **P6: TRUE COPY OF THE APPROVAL LETTER DATED 25.04.2016 F.NO. SOUTH-WEST/1-2812342417/2016/EOA ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION(AICTE)** - **P7: TRUE COPY OF THE ORDER DATED 14.05.2016 NO.KTU/A/456/20154 ISSUED BY THE 1ST RESPONDENT** - **P8: TRUE COPIES OF THE LIST OF MB,MCA AND ARCHITECTURE INSTITUTES CONSIDERED FOR AFFILIATION TO KTU FROM ACADEMIC YEAR 2016-17 DOWNLOADED FROM THE WEBSITE OF THE 1ST RESPONDENT** - **P9: TRUE COPY OF THE REPRESENTATION DATED 31.05.2016 SUBMITTED BY THE PETITIONER FOR THE 1ST RESPONDENT** - **P10: TRUE COPY OF THE PAYMENT TRANSACTION RECEIPT DATED 31.05.2016 ISSUED BY THE 1ST RESPONDENT** - **P11: TRUE COPY OF THE DETAILS OF COLLEGES TO WHICH ALLOTMENT FOR MCA COURSE4 2016-17,UPDATED ON 30.05.2016 PUBLISHED BY LBS CENTRE FOR SCIENCE AND TECHNOLOGY FOR AND ON BEHALF OF THE DIRECTORATE OF TECHNICAL EDUCATION,GOVERNMENT OF KERALA`** - **P12: TRUE COPY OF THE COLLEGE WISE LIST OF ALLOTTED CANDIDATES PUBLISHED BY LBS CENTRE FOR SCIENCE AND TECHNOLOGY.** - **P13: COPY OF THE REPLY DT 7/5/2016 ISSUED BY THE PETITIONER TO THE R1.** ## **WP(C).NO. 22092 OF 2016 (J)** **P14: COPY OF THE RELEVANT PAGE OF THE ACADEMIC CALENDER PUBLISHED BY THE R1 RESPONDENT(S)' EXHIBITS : ----------------------EXT.R1(A): COPY OF THE EXPERT VISITING COMMITTEE REPORT DT 30/4/2016. EXT.R1(B): COPY OF THE SHOW CAUSE NOTICE DT 2/5/2016. EXT.R1(C): COPY OF THE APPELLATE COMMITTEE DECISION DT 11/5/2016.** **//TRUE COPY//** **P.A. TO JUDGE** **bp** ## **A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.22092 of 2016 ---------------------------------------- Dated this the 3[rd] day of August 2016 ## **J U D G M E N T** This writ petition is filed seeking the following reliefs: _“i) To issue a writ of Mandamus or any other appropriate writ, order or direction compelling respondent Nos.1 to grant affiliation to the MBA and MCA courses being conducted by the petitioner from Academic Year 2016-17 without any further delay, facilitating the admission of the students to the said courses._ _ii) To declare that in view of Ext.P3 Government Order and Ext.P6 approval of the AICTE, the 1[st] respondent is bound to grant affiliation to the MBA and MCA courses being conducted by the petitioner from Academic Year 2016-17 onwards.”_ 2. The short facts involved in the writ petition would disclose that the petitioner College is recognised by the All India Council for Technical Education (for short 'AICTE') and was affiliated with the University of Calicut. It was conducting Master of Business Administration (MBA) courses since 2004 and Master of Computer Application Courses (MCA) since 2007. While so, W.P.C.No.22092/2016 2 the Kerala Technological University Ordinance 2014 was promulgated thereby the affiliation and recognition of technical institutions were to be obtained from the Kerala Technological University (hereinafter referred to as 'the University'). Petitioner submits that they were given provisional affiliation for conducting the aforesaid MCA and MBA courses as per order dated 25/07/2015. 2. In the meantime, State of Kerala issued Government Order dated 03/09/2015 according sanction to disaffiliate the programmes including MCA and MBA courses and to affiliate the same to the University from 2016-17 onwards. In Implementation of the said Government Order, University of Calicut issued order dated 01/01/2016 ratifying the said action. In the meantime, APJ Abdul Kalam Technological University (hereinafter referred to as 'APJ University') came into existence in terms of the APJ Abdul Kalam Technological University Act, 2015 and the APJ University invited applications for affiliation to various courses including MCA and MBA. 3. Petitioner submitted the application well within the extended time that is, on 20/4/2016. Petitioner also obtained W.P.C.No.22092/2016 3 approval from AICTE as per Ext.P6 approval letter dated 25/04/2016. The APJ University had issued order dated 14/05/2016 (Ext.P7) by which affiliation was granted for various courses. However, MBA and MCA courses were not among the courses so approved. Petitioner therefore submitted Ext.P9 letter dated 31/05/2016 requesting to grant affiliation for the MBA and MCA programmes during the academic year 2016-17. However, no action was taken in the matter and in the meantime, the LBS Centre for Science and Technology had published details of colleges to which allotment of MCA course for 2016-17 was published on behalf of the Directorate of Technical Education. As far as the petitioner is concerned, in regard to the MCA course, affiliated University was shown as Calicut and 21 students have been allotted to the College. According to the petitioner, the aforesaid action is absolutely baseless. The APJ University was under obligation to grant affiliation for MBA and MCA courses since approval has already been given by the AICTE. It is stated that the 21 students have been allotted in the merit list and several students have applied for management seats. The action of the 1[st] respondent had created substantial confusion. It is also W.P.C.No.22092/2016 4 contended that, as per Ext.P3 Government Order dated 03/09/2015, the 1[st] respondent had to mandatorily affiliate MBA and MCA programmes which were disaffiliated from the Calicut University. 4. Counter affidavit has been filed by the respondent wherein it is stated that though the institution applied for affiliation for the academic year 2016-17, the appellate committee granted affiliation to 11 courses except MBA and MCA as per order dated 14/05/2016. The said courses were not granted affiliation as the faculty and infrastructure of the institution was not satisfactory. It is also observed that there were certain deficiencies noticed. It is further indicated that MBA and MCA courses have to be started by 15/07/2016 and admission process is to be finalised prior to 30/06/2016. 5. Learned counsel for the petitioner placed reliance on the judgment of the Apex court in **Maa Vaishno Devi Mahila Mahavidyalaya v. State of Uttar Pradesh and Others** _[(2013) 2 SCC 617]_ and **Parshvanath Charitable Trust and Others v. All India Council for Technical Education and Others** [( _2013) 3 SCC 385_ ] in order to contend that once the W.P.C.No.22092/2016 5 AICTE has granted approval, the University has no other say other than to grant affiliation. It is stated that, even as per Ext.P3, by which the Government had directed disaffiliation of MBA and MCA which was conducted by the petitioner with affiliation from Calicut University, it was mandatorily required to be affiliated by the University from 2016-17 onwards. 6. There is no dispute regarding the law laid down by the Apex court in the judgments referred above as also the Judgment in **Rungta Engineering College v. Chattisgarh Swami Vivekand Technical University** _[2015(11) SCC 291]_ and **Mahatma Gandhi University v. St.Alberts College** _[2012(13) SCC 442]_ . In these cases referred above, the principle laid down is that when the AICTE (or NCTE) is entrusted with the power to lay down norms and standards for courses, curricula, staff pattern, staff qualification, assessment and examination, fixing norms and guidelines for charging tuition fees etc., it was held that, in such matters, the University will have no authority. In the present case, when AICTE had given approval under Section 10 of the AICTE Act, which apparently indicates that AICTE had considered all the parameters required for conducting a course W.P.C.No.22092/2016 6 which includes the requirement of faculty and infrastructure as well. Therefore, that there was no faculty members or lack of infrastructure, cannot be a reason for the APJ University to deny affiliation. Further, from Ext.P3 itself it was evident that disaffiliation was for the purpose of affiliating the institute to the University from 2016-17 onwards. In the above circumstances, I am of the view that taking into consideration the factual circumstances involved in the matter, this writ petition has to be allowed as under: i) The 1[st] respondent shall grant affiliation to the petitioner to the MBA/MCA courses to be conducted for the academic year 2016-17, on receipt of a copy of this judgment. ii) Petitioner is entitled to give admission to the students to the aforesaid courses within the specified time limit. (sd/-) ## **(A.M.SHAFFIQUE, JUDGE)** jsr