The Director, Sarabhai Institute of Science & Technology, Vellanad, Trivandrum vs A.P.J. Abdul Kalam Technological University

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **WEDNESDAY, THE 28TH DAY OF SEPTEMBER 2016/6TH ASWINA, 1938** **WP(C).No. 25669 of 2016 (G)** **----------------------------** **PETITIONER(S): -------------** **THE DIRECTOR, SARABHAI INSTITUTE OF SCIENCE & TECHNOLOGY, VELLANADU, TRIVANDRUM 695 543.** **BY ADVS.SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM SRI.THOMAS GEORGE** **RESPONDENT(S): --------------** **A.P.J. ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS, TRIVANDRUM 695 016, (REPRESENTED BY ITS REGISTRAR).** **BY ADV. SRI.S.KRISHNAMOORTHY, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **PJ** ## **WP(C).No. 25669 of 2016 (G)** ## **----------------------------** ## **APPENDIX** **PETITIONER(S)' EXHIBITS -----------------------** - **EXHIBIT P1 TRUE COPY OF THE ORDER DATED 11-3-2015 OF THE HIGHER EDUCATION (J) DEPARTMENT** - **EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 25-4-2015 BY THE KERALA TECHNOLOGICAL UNIVERSITY** - **EXHIBIT P3 COPY OF THE ORDER DATED 15-5-2015 OF THE KERALA TECHNOLOGICAL UNIVERSITY** - **EXHIBIT P4 TRUE COPY OF THE PRINT OUT OF THE AFFILIATION REPORT OF KERALA TECHNOLOGICAL UNIVERSITY** - **EXHIBIT P5 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 21-07-2015 SUBMITTED BY THE PETITIONER** - **EXHIBIT P6 TRUE COPY OF THE EXPLANATION DATED 21-07-2015 SUBMITTED BY THE PETITIONER** - **EXHIBIT P7 TRUE COPY OF THE LETTER DATED 2-4-2016 FROM THE RESPONDENT** - **EXHIBIT P8 TRUE COPY OF THE LETTER DATED 15-4-2016 FROM THE RESPONDENT TO THE PETITIONER** - **EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 19-4-2016 FROM THE PETITIONER TO THE RESPONDENT** - **EXHIBIT P10 COPY OF THE REPRESENTATION DATED 10-05-2016 TO THE RESPONDENT** - **EXHIBIT P11 TRUE COPY OF THE E.MAIL DATED 20-05-2016** - **EXHIBIT P12 COPY OF THE ORDER DATED 14-5-2016 FROM FROM THE RESPONDENT** - **EXHIBIT P13 TRUE COPY OF THE ORDER DATED 25-4-2016 OF THE A.I.C.T.E** - **EXHIBIT P14 TRUE COPY OF THE COVERING LETTER DATED 12/5/16 TO THE RESPONDENT** - **EXHIBIT P15 TRUE COPY OF THE COMMUNICATION DATED NIL ISSUED BY THE PRO VICE CHANCELLOR OF THE RESPONDENT** - **EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 29/8/16 TO THE PRO VICE CHANCELLOR OF THE RESPONDENT** - **RESPONDENT(S)' EXHIBITS** - **-----------------------** - **ANNEXURE R1(A) TRUE COPY OF THE RELEVANT PORTION OF APPELLATE COMMITTEE DECISION DATED 12/5/15.** - **/ TRUE COPY /** **P.S. TO JUDGE** **PJ** ## **A.M. SHAFFIQUE, J.** =============== W.P. (C) No. 25669 of 2016 ================== Dated this, the 28[th] day of September, 2016 ## **J U D G M E N T** This writ petition has been filed challenging Ext.P12 by which the respondent University has declined extension of affiliation to two P.G.Courses in the petitioner's College. Petitioner also seeks for a direction to the University to extend the affiliation to the said courses. 2. The short facts involved in the writ petition would disclose that the petitioner College had approval from AICTE and affiliation from the University for conducting 6 Undergraduate Programmes and 6 Post Graduate Programmes. By Government Order dated 11/3/2015, Government had accorded sanction to disaffiliate the institutions imparting education in Engineering and Technology in the State of Kerala and to affiliate them to the Kerala Technological University from the academic year 2015-16 onwards in a phased manner. It was further observed that all technical institutions in the State will mandatorily affiliate with Kerala Technological University for conduct of the courses from the academic year 2015-16 onwards. W.P(C) No.25669/16 ## -:2:- By Ext.P2 dated 25/4/2015, the Kerala Technological University issued a notification for affiliation of Technical Institutions in the State of Kerala which conducts Undergraduate and Post Graduate Programmes in Engineering and Technology for the academic year 2015-16. Petitioner submitted an application. By proceedings dated 15/5/2015 (Ext.P3), petitioner was granted provisional affiliation subject to certain conditions. An Expert Committee visited the premises of the petitioner and Ext.P4 dated 21/5/2015 is the report. It was observed that there was slight shortage in the number of faculty, some faculty members are on Leave Without Allowance (LWA) on medical/study grounds and certain other requirements were also pointed out. Pursuant to the said report, a show cause notice dated 26/6/2015 has been issued to the petitioner wherein the following deficiencies were notified:- - (1) shortage of faculty. - (2) no qualified faculty for PG. - (3) shortage of workshop. 3. In Ext.P5 show cause, petitioner was directed to rectify the deficiencies immediately and report compliance on or before 30[th] July, 2015. It was also mentioned that non compliance will W.P(C) No.25669/16 ## -:3:- result in withdrawal of provisional affiliation. By Ext.P6 dated 21/7/2015, petitioner had sent a reply detailing the fact that sufficient faculty was available in the College. In the meantime, the name of the University had been changed to APJ Abdul Kalam Technological University. By Ext.P7 dated 2/4/2016, petitioner was called upon to rectify the defects and to appear before an Appeal Committee. Ext.P8 is another letter dated 15/4/2016 by which the decision of the Appeal Committee was informed to the petitioner wherein it was observed that affiliation was recommended in respect of PG in Optoelectronics and Thermal Engineering. In respect of Geotechnical Engineering and Computer and Information Science, PG affiliation was recommended on condition that qualified professors will be appointed before 30/5/2016. The PG Programme for Software Engineering and Signal Processing was not recommended. Petitioner submitted letter dated 19/4/2016 (Ext.P9) to the Registrar of the University clarifying the requirement of faculty members and request was made for affiliation for M.Tech Programme in Software Engineering and Signal Processing also in addition to Geo Technical Engineering and Computer and W.P(C) No.25669/16 ## -:4:- Information Science. By Ext.P10 dated 10/5/2016, petitioner informed the University that they have already received approval from AICTE. Details of the teachers and faculty members were also mentioned. Ext.P11 is an email communication dated 20/5/2016 requesting for affiliation. However, the petitioner was served with Ext.P12 dated 14/5/2016 by which provisional affiliation was granted for 4 PG Courses viz., Mechanical Engineering (Thermal Engineering), CS (Computer and Information Science), EC (Optoelectronics and Communication) and EC (Signal Processing). 4. The contentions urged by the petitioner are two fold. One is that petitioner was granted time till 30/7/2015 to cure the deficiencies as evident from Ext.P5 show cause notice. However, even before expiry of the said period, by Ext.P12, a decision was taken not to grant affiliation. Secondly, sufficient faculty was available even at the relevant time. Learned senior counsel appearing for the petitioner submits that when it was pointed out that the Principal cannot be treated as a faculty, the College had given the name of Dr.Valsa Raj as a faculty member who was engaged in the department which was not considered by the W.P(C) No.25669/16 -:5:- University. It is stated that the Principal Dr.V.Karunakaran is a Ph.D holder in GEO Technological Engineering. Learned senior counsel further points out that provisional admissions had already been effected in regard to GEO Technical Engineering as per interim directions issued by this Court on 9/8/2016 and the only request is to direct the University to give affiliation to the said course as well and for the time being, petitioner is not insisting for affiliation for the other course which has been denied affiliation. 5. A statement has been filed on behalf of the University _inter alia_ stating that the time limit specified by the Apex Court in _**Parshavanath Charitable Trust v. AICTE**_ [(2013) 3 SCC 385] has to be strictly followed and therefore, there was an obligation cast upon the College to make all necessary arrangements before 15/5/2016. It is stated that the Expert Visit Committee conducted an inspection on 21/5/2015 and it was found that there was shortage of faculty and other facilities. The matter was placed before the Appellate Committee. Though the Appellate Committee initially recommended for affiliation on condition that the qualified Professors shall be appointed before 31/5/2016, the Appellate Committee again met on 12/5/2016 and recommended PG W.P(C) No.25669/16 -:6:- Courses except Geo Technological Engineering and Software Engineering. Annexure R1(a) is the said decision. It is submitted that though initially affiliation was granted for GEO Technological Engineering, later it was found that the faculty and other infrastructure for the said subject was not satisfactory. Therefore, affiliation for the courses in Geo Tech and Software Engineering was refused. It is pointed out that no affiliation can be granted by the University after 31/5/2016 in the light of the judgment of the Apex Court in _**Parshavanath**_ (supra). It is further pointed out that as per the University calendar, last date notified for registration was 9/8/2016 which was extended upto 15/8/2016. The temporary admissions granted cannot be regularized since there is no affiliation for the said course. 6. A reply affidavit has been filed denying the allegations raised in the counter affidavit. It is stated that the petitioner met the Appellate Committee before 12/5/2016 and has explained the position. When the petitioner was told that there was no Ph.D holders in the Geo Technological Department, University was informed that the Principal is a Ph.D holder in Geo Technological Engineering. Since it was told that the Principal would not be W.P(C) No.25669/16 -:7:- counted, details of Dr.Valsa Raj were given. But the Committee was not prepared to accept the same. 7. Learned counsel appearing for the respondent submits that the petitioner should have taken all steps to arrange sufficient faculty before 15/5/2016 and they were intimated about the same in the Appeal Committee meeting held on 12/5/2016. 8. An additional affidavit has been filed by the petitioner inter alia contending that the University has extended the last date for admissions to 15/8/2016 as per Ext.P15, and by Ext.P16 dated 29/8/2016, the last date of admission is extended to 30[th] August, 2016. Further, it is contended that the restriction imposed in _**Parshavanath**_ (supra) has no application to Post Graduate Courses as evident from the Regulations, which applies only to Graduate Courses. 9. Learned standing counsel appearing for the respondent however submits that the Supreme Court had passed an order on 31/5/2016 in _**Parshavanath**_ (supra) reiterating the fact that the last date of admission for students is 15[th] August, 2016 and the last date of granting or refusing approval by University/State Government is 15[th] May. W.P(C) No.25669/16 -:8:- 10. Having regard to the averments made on either side, it has to be verified whether the petitioner's college should be permitted to proceed further in the matter. Of course, there has been some confusion on account of the date on which all the formalities had to be completed in respect of the subject post. As already indicated, petitioner was given time to report compliance on or before 30[th] July, 2015. However, by Ext.P12 dated 14/5/2016, a decision was taken not to grant affiliation. It is also mentioned that at the time of hearing, the College had pointed the name of Dr.Valsa Raj as a faculty member who was engaged in the department which was not considered by the University. 11. I do not think that in the present case there is any necessity to go into the arguments raised based on _**Parshavanath's case**_ (supra). By an interim order dated 9/8/2016, petitioner was permitted to provisionally admit the students subject to further orders. Of course, the petitioner can continue the course only if sufficient faculty is available and approved by the respondent University. 12. In the said circumstances, I am of the view that an opportunity can be granted to the College to get the benefit of W.P(C) No.25669/16 -:9:- continuing the PG programme in the subject GEO Technical Engineering on the following conditions:- (i) The petitioner shall produce the credentials of Dr.Valsa Raj to the respondent within a period of three days from the date of receipt of a copy of the judgment. (ii) If the credentials of Dr.Valsa Raj is approved by the respondent, the College will be given necessary affiliation for conducting the PG Programme in Geo Technical Engineering and, in such an event, the admissions made by the College shall stand regularised. Writ petition is disposed of as above. Sd/- ## **A.M. SHAFFIQUE, JUDGE** Rp //True Copy// P.S to Judge