Noble Educational Trust v. Council of Architecture

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942** ## **W.P.(C) No.25082 OF 2020(I)** ## **PETITIONER:** **NOBLE EDUCATIONAL TRUST, REGD. OFFICE-32/1277 A2, SECOND FLOOR, NOBLE HOUSE, PALARIVATTOM, COCHIN-682 025 REPRESENTED BY ITS SECRETARY.** **BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SMT.NIGI GEORGE** ## **RESPONDENTS:** **1 COUNCIIL OF ARCHITECTURE, INDIA HABITAT CENTRE, CORE-6A, 1ST FLOOR, LODHI ROAD, NEW DELHI-110 003 REPRESENTED BY ITS REGISTRAR. 2 PRESIDENT, COUNCIL OF ARCHITECTURE, INDIA HABITAT CENTRE, CORE-6A, 1ST FLOOR, LODHI ROAD, NEW DELHI-110 003.** ## **R1&R2 BY ADV.KRISHNA S., CENTRAL GOVERNMENT COUNSEL** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.25082 OF 2020(I) -2- ## **JUDGMENT** The petitioner applied before the 1[st] respondent Council of Architecture seeking approval of new Architecture College, namely, MGM College of Architecture at Pampakuda in Ernakulam District, for conducting B.Arch Course. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 order dated 04.11.2020 issued by the 1[st] respondent. The petitioner has also sought for a writ of mandamus commanding the 1[st] respondent to reconsider Ext.P3 appeal dated 21.10.2020 along with Ext.P8 request dated 07.11.2020 and Ext.P8(a) additional statement dated 13.11.2020; and an order directing the 1[st] respondent to grant approval for B.Arch Course to the petitioner, within a time limit to be prescribed by this Court. 2. On 17.11.2020, when this writ petition came up for admission, this Court issued urgent notice on admission to the respondents by speed post and through e-mail. 3. A statement has been filed by respondents 1 and 2 through the learned Assistant Solicitor General of India, opposing the reliefs sought for in this writ petition. The petitioner has also W.P.(C) No.25082 OF 2020(I) -3- filed a reply affidavit, producing therewith Exts.P9 to P11 as additional documents. 4. Heard the learned counsel for the petitioner and also the learned Central Government Counsel for respondents 1 and 2. 5. The issue that arises for consideration in this writ petition is as to whether any interference is warranted on Ext.P5 order, whereby the appeal filed by the petitioner against the rejection of the application for approval of new Architecture College for conducting B.Arch Course, for the academic year 202021, stands dismissed. 6. In exercise of the powers conferred by clauses (e), (g), (h) and (j) of sub-section (2) of Section 45 read with Section 21 of the Architects Act, 1972, the 1[st] respondent Council of Architecture, with the approval of the Central Government, made the minimum standards of Architectural Education Regulations, 1983. Regulation 8 deals with standards of staff, equipment, accommodation, training and other facilities for technical education. Appendix-B of the Regulations deals with designation, pay scale, qualification, etc., required for faculty positions and Appendix-C deals with physical facilities. W.P.(C) No.25082 OF 2020(I) -4- 7. The petitioner submitted Ext.P1 application dated 31.01.2020 for approval of new Architecture College for conducting B.Arch course for the academic year 2020-21. The 1[st] respondent vide letter dated 14.07.2020 required the petitioner to submit compliance report on academic and infrastructure facilities. The petitioner submitted a compliance report dated 28.07.2020, which was considered by the Executive Committee of the 1[st] respondent at its meeting held on 23.08.2020. Having considered the compliance report, the Executive Committee decided to reject the application made by the petitioner with the following observations; 1) Required Cadre-wise Faculty as per Council Regulations, 1983 is not identified by the Institution. 2) One Professor apart from Principal/Head is not identified by the Institution as per Council Norms. 3) One more Assistant Professor is also not identified by the Institution as per Council Norms. 8. The decision taken by the Executive Committee of the 1[st] respondent was communicated to the petitioner on 27.08.2020, as stated in the statement filed on behalf of respondents 1 and 2. The Executive Committee at its 223[rd] meeting held on 15.10.2020 decided to provide a final opportunity to the petitioner institution and it was informed that an online inspection shall be conducted W.P.(C) No.25082 OF 2020(I) -5- by the Council. The said fact was informed to the petitioner vide Ext.P2 communication dated 15.10.2020. The petitioner submitted Ext.P3 appeal dated 21.10.2020 and the 1[st] respondent vide Ext.P4 communication dated 26.10.2020 informed the petitioner that an online inspection will be conducted on 28.10.2020. Accordingly, an online inspection was conducted. The recommendations of the online Inspection Committee was considered by the Executive Committee at its meeting held on 29.10.2020. Based on the recommendations of the Inspection Committee, the Executive Committee decided to reject the appeal filed by the petitioner as evidenced by Ext.P5 communication dated 04.11.2020, with the following observations; - (i) Some of the faculty members listed were not available and could not be presented; there were different people who met the Committee. (ii) The infrastructure is not full ready, especially the labs. (iii) The books in the library were not relevant to 1[st] and 2[nd] year of Architecture course. 9. On receipt of Ext.P5 communication dated 04.11.2020 of the 1[st] respondent, the petitioner submitted Ext.P8 representation dated 07.11.2020, seeking reconsideration of the decision taken by the Executive Committee of the 1[st] respondent W.P.(C) No.25082 OF 2020(I) -6- on 29.10.2020. Along with the writ petition, the petitioner has produced Ext.P6 series of tax invoice dated 05.11.2020 regarding purchase of lab equipments and machine tools. Ext.P7 series of bills dated 05.11.2020 are regarding purchase of additional books for the library. The petitioner has also submitted Ext.P9 additional statement dated 13.11.2020 before the 1[st] respondent in order to supplement Ext.P8 representation. 10. The deficiencies pointed out by the Executive Committee of the 1[st] respondent Council, in order to reject the appeal filed by the petitioner, based on the recommendations of the Inspection Committee, are non-availability of faculty members, lack of infrastructure, etc. The Inspection Commission has also found that the books available in the library were not relevant to 1[st] and 2[nd] year Architecture course. As evident from Exts.P6 series and P7 series invoices, which are dated 05.07.2020, after the receipt of Ext.P5 communication dated 04.11.2020, the petitioner placed orders for purchasing machine tools and equipments for the laboratories and books for the library. Therefore, the finding of the Inspection Commission that the petitioner has not provided sufficient infrastructure, especially for the laboratories and books W.P.(C) No.25082 OF 2020(I) -7- for the library cannot be said to be one absolutely without any basis. 11. In **Medical Council of India v. The Principal, KMCT Medical College [(2018) 9 SCC 766]** it was contended before the Apex Court that the inspection was not properly conducted. Repelling the said contention, the Apex Court held as follows; “15. We do not deem it necessary to deal with the submission made on behalf of the College regarding the inspection not being properly conducted. This Court has repeatedly said that a decision taken by the Union of India on the basis of a recommendation of an expert body regarding the inadequacy of facilities in medical colleges cannot be interfered with lightly. Interference is permissible only when the colleges demonstrate jurisdictional errors, ex facie perversity or mala fide. [See: **Manohar Lal Sharma v. Medical Council of India (2013) 10 SCC 60** and **Medical Council of India v. Kalinga Institute of Medical Sciences (2016) 11 SCC 530** ]. As no case is made out by the College for interference with the inspection report, we decline the request of Mr.Sibal for remand of the matter to the High Court.” 12. The application made by the petitioner seeking approval for the academic year 2020-21 was originally rejected by the Executive Committee of the 1[st] respondent Council on 23.08.2020. W.P.(C) No.25082 OF 2020(I) -8- The appeal filed by the petitioner was also rejected by the Executive Committee in its meeting held on 29.10.2020. The said decision of the Executive Committee is based on the recommendation made in the report of the Inspection Committee, which conducted online inspection, on account of COVID-19 pandemic. Any interference on the findings of the Executive Committee of the 1[st] respondent Council, which are based on the recommendation made by the Inspection Commission, is legally permissible under Article 226 of the Constitution of India only when the petitioner demonstrates jurisdictional errors, ex facie perversity or malafides. In the absence of any vitiating circumstances, no interference is warranted on the findings of the Executive Committee of the 1[st] respondent in its decision taken on 29.10.2020. In the result, the writ petition fails and the same is accordingly dismissed. Sd/- **ANIL K. NARENDRAN JUDGE** bpr -9- ## W.P.(C) No.25082 OF 2020(I) ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1 COPY OF THE APPLICATION DATED 31/01/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.** - **EXHIBIT P1(A) COPY OF THE RECEIPT DATED 31/01/2020 EVIDENCING PAYMENT MADE ALONG WITH EXT.P1.** - **EXHIBIT P2 COPY OF LETTER DATED 15/10/2020 OF THE 1ST RESPONDENT REJECTING THE APPLICATION.** - **EXHIBIT P3 COPY OF THE APPEAL DATED 21/10/2020 SUBMITTED BY THE PETITIONER.** - **EXHIBIT P4 COPY OF THE LETTER DATED 26/10/2020 OF THE 1ST RESPONDENT.** - **EXHIBIT P5 COPY OF COMMUNICATION OF THE 1ST RESPONDENT DATED 04/11/2020.** - **EXHIBIT P6 COPY OF THE BILLS EVIDENCING PURCHASE OF THE EQUIPMENTS.** - **EXHIBIT P7 COPY OF THE LIST OF THE BOOKS ALONG WITH THE BILLS.** - **EXHIBIT P8 COPY OF THE PETITION DATED 07/11/2020 FILED BY THE PETITIONER SEEKING RECONSIDERATION.** - **EXHIBIT P8(A) COPY OF THE ADDITIONAL STATEMENT DATED 13/11/2020 SUBMITTED BY THE PETITIONER.** - **EXHIBIT P9 COPY OF CIRCULAR NO.6296/AC-B/KUHS/2013 DATED 24/09/2018 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES.** - **EXHIBIT P10 COPY OF CIRCULAR NO.6296/AC-B/KUHS/2013 DATED 28/11/2018 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES.** - **EXHIBIT P11 COPY OF CIRCULAR NO.6296/AC-B/KUHS/2013 DATED 15/05/2019 ISSUED BY THE KERALA UNIVERSITY OF HEALTH SCIENCES.** - **RESPONDENTS' EXHIBITS: EXHIBIT R1(a) TRUE COPY OF THE MINIMUM STANDARDS OF ARCHITECTURAL EDUCATION REGULATIONS 1983.**