Snehacharya Institute of Management and Technology, Karuvatta North v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **THURSDAY, THE 26TH DAY OF SEPTEMBER 2019 / 4TH ASWINA, 1941** ## **WP(C).No.23782 OF 2019(W)** ## **PETITIONER/S:** **SNEHACHARYA INSTITUTE OF MANAGEMENT AND TECHNOLOGY KARUVATTA NORTH, KARUVATTA P.O, ALAPPUZHA, HARIPAD, KERALA 690 517 REPRESENTED BY ITS DIRECTOR DR. RAJU M** **BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER**| ||**EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM 695 001**| |**2**|**THE DIRECTOR OF TECHNICAL EDUCATION,**| ||**GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001**| |**3**|**UNIVERSITY OF KERALA,**| ||**THIRUVANANTHAPURAM, KERALA , INDIA 695 034**| ||**REPRSENTED BY ITS REGISTRAR.**| |**4**|**THE REGISTRAR,**| ||**UNIVERSITY OF KERALA,**| ||**THIRUVANANTHAPURAM KERALA, INDIA 695 034**| |**5**|**THE VICE CHANCELLOR,**| ||**UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, KERALA,**| ||**INDIA 695 034**| |**6**|**THE CHANCELLOR,**| ||**UNIVERSITY OF KERALA, THIRUVANANTHAPURAM KERALA,**| ||**INDIA 695 034**| **WPC. 23782/2019** **R3-5 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA R6 BY ADV. SRI.K.JAJU BABU (SR.) R6 BY SMT.M.U.VIJAYALAKSHMI, COUNSEL FOR THE CHANCELLOR OF UNIVERSITIES IN KERALA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2509-2019, ALONG WITH WP(C).23783/2019(W), THE COURT ON 26-09-2019 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **THURSDAY, THE 26TH DAY OF SEPTEMBER 2019 / 4TH ASWINA, 1941** ## **WP(C).No.23783 OF 2019(W)** ## **PETITIONER/S:** **SNEHACHARYA INSTITUTE OF MANAGEMENT AND TECHNOLOGY KARUVATTA NORTH, KARUVATTA.P.O., ALAPPUZHA, HARIPAD, KERALA-690517 REPRESENTED BY ITS DIRECTOR DR.RAJU M** **BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY SECRETARY TO GOVERNMENT HIGHER**| ||**EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001**| |**2**|**THE DIRECTOR OF TECHNICAL EDUCATION**| ||**GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001**| |**3**|**UNIVERSITY OF KERALA**| ||**THIRUVANANTHAPRUAM, KERALA, INDIA-695034**| ||**REPRESENTED BY ITS REGISTRAR**| |**4**|**THE REGISTRAR**| ||**UNIVERSITY OF KERALA, THIRUVANANTHAPURA, KERALA,**| ||**INDIA-695034**| |**5**|**THE VICE CHANCELLOR**| ||**UNIVERSITY OF KERALA, THIRUVANANTHAPURAM KERALA,**| ||**INDIA-695034**| **wpc 23783/2019 6 THE CHANCELLOR UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, KERALA, INDIA-695034 R3-5 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA R6 BY ADV. SRI.K.JAJU BABU (SR.) R6 BY SMT.M.U.VIJAYALAKSHMI, COUNSEL FOR THE CHANCELLOR OF UNIVERSITIES IN KERALA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-09-2019, ALONG WITH WP(C).23782/2019(W), THE COURT ON 26-09-2019 DELIVERED THE FOLLOWING:** ## W.P.(C).Nos.23782/2019 & 23783/2019 J U D G M E N T ## Dated this the 26[th] day of September, 2019 These writ petitions are filed by Snehacharya Institute of Management & Technology aggrieved by the decision of the University of Kerala declining affiliation for an additional intake of 60 students in Bachelor of Hotel Management and Catering Technology (BHMCT) course and affiliation of Bachelor of Vocation Hotel Management and Catering Technology (Food Processing). In W.P.(C).No.22782/2019, the challenge is in regard to decision in BHMCT course and W.P. (C).22783/2019 is related to B.Voc. Food Processing course. 2. All India Council for Technical Education (AICTE) granted extension of approval with intake of 180 students for the BHMCT course for the academic year 2019-20. The petitioner thereafter, submitted an application for affiliation with increased intake of 180 seats. By decision of the University dated 29.6.2019 (produced as Ext.P7 in W.P.(C).No.23782/2019), the University decided to grant a ## W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:6:-** conditional affiliation for an additional batch of 60 students in BHMCT course for the academic year 2019-20. It is apparent that the University declined to grant affiliation for full intake as approved by AICTE. This resulted in filing W.P.(C).No.13004/2019 by the writ petitioner before this Court. This Court in W.P.(C).No.13004/2019 ordered that inspection shall be conducted by the University in regard to the deficiencies pointed out in declining affiliation for the entire intake. The University appears to be harbouring on the point of insufficient infrastructural facilities as a reason for denial of approval for full intake. The University, after conducting inspection, noted deficiencies in class rooms and by order dated 29.8.2019 decided not to grant affiliation for the additional intake of 60 students. The University also observed certain deficiencies in the qualification of the teachers engaged by the petitioner. This resulted in filing W.P. (C).No.23782/2019. 3. AICTE granted approval to the petitioner to start Hotel Management programme - Bachelor of Vocation with specialisation in Food Processing. The initial approval was granted in the year 2018 as ## W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:7:-** evident from Ext.P2 produced in W.P.(C).No.23783/2019. The petitioner could not start the programme during the academic year 2018-19. Thereafter, AICTE extended the approval for the academic year 2019-20 as well. Ext.P12 is the said order. However, the University decided not to grant affiliation to the new B.Voc Food Processing course stating inadequacy of infrastructural facilities. 4. One of the objections raised by the University was in regard to the structural stability of the building after the alteration made by the petitioner to create new classrooms. This Court on 2.9.2019 passed an order directing the competent Structural Engineer to conduct an inspection and file a report as prescribed under the Kerala Municipal Building Rules in the presence of the representatives of the University. One, Anees Mohammed H., Structural Engineer submitted a report regarding the structural stability. He is of the view that the condition of the building is good. Ext.P30 produced in W.P.(C).No.23783/2019 is the said report. The University has also raised objections to the report of the Structural Engineer referring to a report prepared by T.S.Ramesh, Assistant Executive Engineer, who was present at the time ## W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:8:-** of inspection by the Structural Engineer. Ext.R3(b) produced in W.P. (C).No.23783/2019 is the report of the Assistant Executive Engineer which shows that the Structural Engineer had not taken into account the original structural designs and structural drawings while preparing the report. 5. In these proceedings, the Court has to consider the power of the University in declining the affiliation sought, once an approval is granted by AICTE on the ground of lack of infrastructural facilities. 6. AICTE is an apex body to conduct survey on the facilities available for technical education. No technical educational institution can be established without obtaining prior approval of AICTE. AICTE was constituted by an enactment of the Parliament. In terms of Section 10 of AICTE Act, 1987, AICTE has the power to undertake survey in different fields of education and to collect data thereto. AICTE has powers under Section 11 of the AICTE Act to cause inspections to be conducted to ascertain the standards of teaching, examination and research. The standards prescribed by AICTE would bind the University unless any superior standards have been prescribed under a ## W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:9:-** State enactment. Once AICTE grants an approval, the University cannot sit upon as in appeal over such decision of AICTE and review the same stating that the institute lacks infrastructural facilities. The competency of the University in such circumstances is only to examine the matter, either referable under the affiliation norms or with reference to higher standards prescribed under the State enactments. 7. The learned counsel for the petitioner relies upon the decision of the Full Bench of this Court in **Vikram Sarabhai Educational Trust & B.Ed. College, Keipamangalam v. University of Calicut and Anr. [2008 SCC OnLine Ker 108]** wherein at para 13, it was held as follows: “13. There may be a case where recognition is granted by the NCTE, holding that the College has all infrastructural facilities and it may be found by the University that no such facilities are available. In such a case, it can be rightly said that the recognition has been obtained by fraud. If the University feels that the affiliation has been granted illegally, it has several options before it. It may bring the same to the notice of the NCTE, so that the Council can cancel the affiliation under Section 17 of the Act. It may challenge the recognition granted by filing an appeal under Section 18 of the Act before the National Council for Teacher Education. The University ## W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:10:-** can also challenge the recognition before this Court by filing a Writ Petition. In an appropriate case, for example, where recognition has been obtained by fraud, the University may even collaterally attack the validity of the recognition granted, in enforcement proceedings, like the present Writ Petition.” It was observed therein that the Unviversity cannot collaterally attack an approval granted by the AICTE by declining the affiliation, pointing out factors relating to infrastructural facilities. 8. Similarly, a learned Single Judge of this Court in **Lourdes Matha Catholic Education Society v. University of Kerala and Ors. [2009 SCC OnLine Ker 4454]** had held that the University cannot decline affiliation on the ground of lack of infrastructural facilities once AICTE has granted approval. 9. No doubt, the University has every power to bring to the notice of AICTE, the lack of infrastructural facilities so as to pursue AICTE to revoke its decision granting the approval. 10. In the light of the discussions as above, I am of the considered view that the University has no power to decline an affiliation, once approval is granted by AICTE on the ground of lack of W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:11:-** infrastructural facilities. Thus, the writ petitions are allowed. The University is directed to grant affiliation in accordance with the university regulations within one week from the date of receipt of a copy of this judgment. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms ## W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:12:-** ## **APPENDIX OF WP(C) 23782/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE APPLICATION DATED 3008-2018 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT SEEKING AFFILIATION FOR INCREASING THE INTAKE OF THE BHMCT COURSE** - **EXHIBIT P2(A) TRUE COPY OF THE DEMAND DRAFT FOR RS. 5000 TOWARDS THE PROCESSING FEE** - **EXHIBIT P2(B) TRUE COPY OF THE DETAILS OF UNIVERSITY EXAMINATION RESULT PUBLISHED DURING THE LAST THREE YEARS.** - **EXHIBIT P2(C) TRUE COPY OF THE FACULTY DETAILS INCLUDING QUALIFICATIONS FOR THE SUBJECTS OF THE BHMCT COURSE.** - **EXHIBIT P2(D) TRUE COPY OF THE REQUISITE DECLARATION FROM THE DIRECTOR OF THE PETITIOENR** - **EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO. AC.B II/2019-20 ISSUED BY THE 3RD RESPONDENT** - **EXHIBIT P4 TRUE COPY OF THE EXTENSION OF APPROVAL DATED 29-04-2019 ISSUED BY THE AICTE** - **EXHIBIT P5 TRUE COPY OF THE LETTER DATED 30-042019 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT** - **EXHIBIT P6 TRUE COPY OF THE INSPECTION REPORT AND THE INSPECTION COMMISSION REPORT DATED 19-06-2019** - **EXHIBIT P7 TRUE COPY OF THE LETTER DATED 29-062019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.** **EXHIBIT P8** **TRUE COPY OF THE JUDGMENT DATED 16-072019 IN W.P(C) NO. 13004/2019** ## W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:13:-** APPENDIX OF WPC 23782/2019: - **EXHIBIT P9 TRUE COPY OF THE COMMUNICATED DATED 2007-2019 ISSUED BY THE UNIVERSITY OF KERALA TO THE PETITIONER.** **EXHIBIT P 10 TRUE COPY OF THE COMMUNICATION DATED 24-07-2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER** **EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 17-08-2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.** - **EXHIBIT P12 TRUE COPY OF THE REPORT DATED 19-082019 WHEREBY THE PETITIONER REPORTED THAT THE DEFICIENCIES HAD BEEN RECTIFIED** **EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 29-08-2018 SENT BY THE 3RD RESPONDENT TO THE PETITIOENR.** **TRUE COPY OF THE RELEVANT PORTION OF THE TECHNICAL NORMS SPECIFIED IN THE REGULATION, SCHEME AND SYLLABUS OF THE APPROVED SYLLABUS OF THE 3RD RESPONDENT FOR THE BACHELOR OF HOTEL MANAGEMENT COURSE PUBLISHED IN 2014** - **EXHIBIT P15 TRUE COPY OF THE STATEMENT OF MARKS ISSUED BY THE MADURAI KAMARAJ UNIVERSITY TO THE CONCERNED TEACHER.** - **EXHIBIT 16 TRUE COPY OF THE APPLICATION DEFICIENCY REPORT FOR THE ACADEMIC YEAR 2019-20 ISSUED BY THE AICTE** - **EXHIBIT P17 TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE INFRASTRUCTURE AVAILABLE IN THE PETITIONER INSTITUTION.** - **EXHIBIT P18 TRUE COPY OF THE LETTER DATED 4-9-2019 ISSUED BY THE PETITIONER TO THE REGISTRAR, UNIVERSITY OF KERALA.** W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:14:-** APPENDIX OF WPC 23782/2019: **EXHIBIT P19 TRUE COPY OF THE STABILITY CERTIFICATE AND INSPECTION REPORT ON STRUCTURAL STABILITY ISSUED BY THE STRUCTURAL ENGINEER. EXHIBIT P20 TRUE COPY OF THE LETTER DATED 17-9-2019 ISSUED BY THE PETITIONER TO THE REGISTRAR, UNIVERSITY OF KERALA. RESPONDENT'S/S EXHIBITS: EXHIBIT R3A** THE TRUE COPY OF THE SAID NOTE DATED 07/09/2016. **EXHIBIT R3B** THE TRUE COPY OF THE SUBMISSION TO THE UNIVERSITY ON 20/09/2019. ## W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:15:-** ## **APPENDIX OF WP(C) 23783/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY O THE LETTER DATED 24.08.2012 ISSUED BY THE UGC TO THE VICE CHANCELLORS/DIRECTORS OF UNIVERSITIES** **EXHIBIT P2 TRUE COPY OF THE LETTER OF APPROVAL DATED 04.04.2018 ISSUED BY THE AICTE TO THE PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT OF KERALA** - **EXHIBIT P3 A COPY OF THE LETTER DATED 14.02.2018 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT** - **EXHIBIT P4 TRUE COPY OF THE LETTER DATED 27.04.2018 ISSUED BY THE 4TH RESPONDENT TO THE PETITONER** **EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 27.06.2018 OF THIS HON'BLE COURT IN WP(C)NO.15872/2018** - **EXHIBIT P6 TRUE COPY OF THE APPLICATION FOR AFFILIATION DATED 30.07.2018 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT** - **EXHIBIT P7 TRUE COPY OF THE CHALLAN FOR RS.1000 PAID ALONG WITH EXT.P6 APPLICATION** - **EXHIBIT P8 TRUE COPY OF THE LETTER DATED 18.09.2018 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER** - **EXHIBIT P9 TRUE COPY OF THE LETTER DATED 25.09.2018 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT** **EXHIBIT P10 TRUE COPY OF THE LETTER DATED 14.12.2018 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER** ## W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:16:-** APPENDIX OF WPC 23782/2019: **EXHIBIT P11 TRUE COPY OF THE RELEVANT EXTRACTS OF THE MINUTES OF THE MEETING OF THE SYNDICATE OF THE 3RD RESPONDENT ON 20.04.2019 EXHIBIT P12 TRUE COPY OF THE EXTENSION OF APPROVAL DATED 29.04.2019 ISSUED BY THE AICTE EXHIBIT P13 TRUE COPY OF THE LETTER DATED 22.05.2019 ISSUED BY THE AICTE TO THE 5TH RESPONDENT EXHIBIT P14 TRUE COPY OF THE LETTER DATED 20.05.2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT EXHIBIT P15 TRUE COPY OF THE LETTER DATED 10.06.2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER EXHIBIT P15 A TRUE COPY OF THE INSPECTION REPORT AND THE INSPECTION COMMISSION REPORT DATED 19.06.2019 EXHIBIT P16 TRUE COPY OF THE LETTER DATED 29.06.2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER EXHIBIT P17 TRUE COPY OF THE LETTER DATED 29.06.2019 ISSUED BY THE 3RD RESPONDENT EXHIBIT P18 TRUE COPY OF THE GUIDELINES FOR INSTITUTE APPLIED FOR RUNNING VOCATIONAL COURSES ISSUED BY THE AICTE EXHIBIT P19 TRUE COPY OF THE JUDGMENT DATED 16.07.2019 IN WP(C)NO.17988/2019 EXHIBIT P20 TRUE COPY OF THE COMMUNICATED DATED 20.07.2019 ISSUED BY THE UNIVERSITY OF KERALA OF THE PETITIONER** ## W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:17:-** - **EXHIBIT P21 TRUE COPY OF THE COMMUNICATION DATED 01.08.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER** - APPENDIX OF WPC 23782/2019: **EXHIBIT P22 TRUE COPY OF THE COMMUNICATION DATED 17.08.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER** - **EXHIBIT P23 TRUE COPY OF THE REPORT DATED 19.08.2019 WHEREBY THE PETITIONER REPORT THAT THE DEFICIENCIES HAD BEEN RECTIFIED** - **EXHIBIT P24 TRUE COPY OF THE COMMUNICATION DATED 29.08.2018 SENT BY THE 3RD RESPONDENT TO THE PETITIONER** - **EXHIBIT P25 TRUE COPY OF THE RELEVANT PORTION OF THE TECHNICAL NORMS SPECIFIED IN THE REGULATION, SCHEME AND SYLLABUS OF THE APPROVED SYLLABUS OF THE 3RD RESPONDENT FOR THE BACHELOR OF HOTEL MANAGEMENT COURSES PUBLISHED IN 2014** - **EXHIBIT P26 TRUE COPY OF THE STATEMENT OF MARKS ISSUED BY THE MADURAI KAMARAJ UNIVERSITY TO THE CONCERNED TEACHER** - **EXHIBIT P27 TRUE COPY OF THE APPLICATION DEFICIENCY REPORT FOR THE ACADEMIC YEAR 2019-20 ISSUED BY THE AICTE** - **EXHIBIT P28 TRUE COPY OF THE ORDER DATED 06.05.2019 ISSUED BY THE 3RD RESPONDENT** - **EXHIBIT P29 TRUE COPY OF THE LETTER DATED 4/9/2019 ISSUED BY THE PETITIONER TO THE REGISTRAR, UNIVERSITY OF KERALA** - **EXHIBIT P30 TRUE COPY OF THE STABILITY CERTIFICATE AND INSPECTION REPORT ON STRUCTURAL STABILITY ISSUED BY THE STRUCTURAL ENGINEER** - **EXHIBIT P31 TRUE COPY OF THE LETTER DATED 17/9/2019 ISSUED BY THE PETITIONER TO THE** W.P.(C).Nos.23782/2019 & 23783/2019 ## **-:18:-** ## **REGISTRAR, UNIVERSITY OF KERALA** **APPENDIX OF WPC 23782/2019:** **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R3(A) THE TRUE COPY OF THE NOTE DATED 07/09/2019 TO THE REGISTRAR.** **EXHIBIT R3 B THE TRUE COPY OF THE SUBMISSION TO THE UNIVERSITY ON 20/09/2019.**