V.N. Gangadhara Panicker Memorial Trust v All India Council for Technical Education and Ors.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **THURSDAY, THE 13TH DAY OF AUGUST 2020 / 22ND SRAVANA, 1942** ## **WP(C).No.16352 OF 2020** ## **PETITIONER:** **V.N.GANGADHARA PANICKER MEMORIAL TRUST, RANI BHAVAN, KESTON ROAD, KOWDIAR P.O., TRIVANDRUM-695 034, REPRESENTED BY ITS EXECUTIVE TRUSTEE G.MOHANDAS.** **BY ADVS.** **SRI.ATHUL SHAJI SRI.S.ABHILASH VISHNU SHRI.NIKHIL SUNNY MOOKEN SHRI.ANWIN JOHN ANTONY** ## **RESPONDENTS:** - **1 THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, NELSON MANDELA MARG, VASANTH KUNJ, NEW DELHI-110 067, REPRESENTED BY ITS MEMBER SECRETARY.** - **2 APJ ABDUL KALAM TECHNICAL UNIVERSITY, CET CAMPUS, THIRUVANANTHAPURAM,-695 109, REPRESENTED BY ITS REGISTRAR.** - **3 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT ANNEX, THIRUVANANTHAPURAM-695 001.** - **4 REGIONAL OFFICER AND DIRECTOR, THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, SOUTH-WEST REGIONAL CAMP OFFICE, THIRUVANANTHAPURAM-695 016.** - **R1, R4 BY ADV. SRI.SAJITH KUMAR V., SC, ALL INDIA COUNCIL FOR TECHNICAL EDUCATION – AICTE R2 BY SRI. ELVIN PETER R3 BY SRI. N B SUNIL NATH, GP** - **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON** - **13.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.16352 OF 2020** **-2-** ## **JUDGMENT** ## **Dated this the 13th day of August 2020** The petitioner, V.N. Gangadhara Panicker Memorial Trust, approached this Court seeking the following reliefs: _i. issue a writ of certiorari quashing the original of Ext-P4;_ _ii. issue a writ of mandamus or any other writ, order or direction directing the 1[st] respondent to grant approval to start Bachelor Degree in Hotel Management and Catering Technology (BHMCT) Course in South Park Institute of Hotel Management of the petitioner during the academic session 2020-2021 as applied for in Ext.P1._ _iii. issue a writ of mandamus or any other writ, order or direction directing the 1[st] respondent to re-consider Ext.P1 application for approval to start Bachelor Degree in Hotel Management and Catering Technology (BHMCT) Course in South Park Institute of Hotel Management of the petitioner during the academic session 2020-2021 as applied for in Ext.P1 and pass final orders thereon forthwith so as to enable the petitioner to start the course during the academic session 2020-2021 itself;_ _iv. Issue a writ of mandamus or any other writ, order or direction directing the 2[nd] respondent to grant provisional affiliation to the petitioner to start Bachelor Degree in Hotel Management and Catering Technology (BHMCT) Course in South Park Institute of Hotel Management of the petitioner during the academic session 2020-2021 so as to enable the petitioner to start the course during the academic session 2020-2021 itself;_ _v. issue such other appropriate writs orders or directions as deemed necessary in the nature of this case including the costs of the petitioner in these proceedings._ **WP(C).No.16352 OF 2020** **-3-** 2. The petitioner submitted Ext.P1 application dated 29.02.2020 before the 1[st] respondent - All India Council for Technical Education (AICTE) for obtaining an approval to start Bachelors' Degree in Hotel Management and Catering Technology (BHMTC) course during the academic session 20202021. 3. The application was screened by the AICTE. It appears that certain defects were noted in the application, which reads as follows: - _The buildings were constructed and functional from 2010_ - _and the approval was taken during 2019._ • _Occupancy certificate does not specifically mention about the Sy.no / Plot number. Hence the OC not accepted._ - _Institute has failed to prove the_ _**building No./Sub no:**_ - _**261D** mentioned in the Occupancy Certificate belongs to the proposed building._ 4. As seen from the pleadings, the petitioner submits that defects were uploaded on the website for returning the application was only on 27.06.2020. 5. The petitioner approached this Court impugning the **WP(C).No.16352 OF 2020** **-4-** decision of the AICTE for not taking up the application for the recommendation. 6. This writ petition was filed on 10.08.2020. The learned Standing Counsel for the AICTE did not have sufficient time to file a counter affidavit. However, he obtained instructions from the AICTE. He would submit that the petitioner was given several opportunities to cure the defects. The petitioner, however, failed to cure the defects. It is submitted that the petitioner also approached the appellate authority as well as the Chairman. 7. Having adverted to the defects noted as above, at the outset, I must say, that cannot be treated as defects for nonconsidering the application for the recommendation. The building was constructed in a Panchayat area where there is no requirement of a building permit. The building was constructed in the year 2010. Thereafter, certain modifications were made in the year 2019, by the time the building rules were made applicable. Therefore, the petitioner obtained approval from the local authority. The occupancy certificate issued by the **WP(C).No.16352 OF 2020** **-5-** local authority clearly would show that the building has been constructed for establishing a Technical Institute of Hotel Management in the Panchayat. It is to be noted that under the relevant provisions of Kerala Panchayath Building Rules, the purpose of construction has to be mentioned. Therefore, it is clear that the local authority acknowledges the fact that the building was constructed for establishing the Technical Institute of Hotel Management. In such circumstances, the application could not have been rejected on hyper technical reasons. 8. The learned Standing Counsel for the AICTE pointed out that in the **Parshavanath Charitable Trust's case** (Supra), the deadline fixed to process the application was expired on 15[th] May 2020. Taking note of the COVID restriction in the Country, AICTE approached the Apex Court to extend the time in the aforesaid case. It is submitted that the Apex Court extended the time only up to 30.06.2020. Therefore, in the event, this Court hold that the application is valid, it is impossible for the AICTE to process the application to take a **WP(C).No.16352 OF 2020** **-6-** decision. I find this objection is formidable. 9. The approved schedule for processing and deciding the application as per the Apex Court judgment in **Parshavanath Charitable Trust and Ors. v. All India Council for Technical Education and Ors. [MANU/SC/1100/2012]** as follows: |ows:|| |---|---| |**Event**|**Schedule**| |_Conduct of Entrance Examination_<br>_(AIEEE/State CET/Mgt.quota exams etc.)_|_In the month of May_| |_Declaration of Result of Qualifying_<br>_Examination (12th Exam or similar) and_<br>_Entrance Examination_|_On or before 5th June_| |_1st round of counselling/admission for_<br>_allotment of seats_|_To completed on or_<br>_before 30th June_| |_2nd round counselling for allotment of_<br>_seats_|_To be completed on_<br>_or before 10th July_| |_Last round of counselling for allotment_<br>_of seats_|_To be completed on_<br>_or before 20th July_| |_Last date for admitting candidates in_<br>_seats other than allotted above_|_30th July. However,_<br>_any number of_<br>_rounds_<br>_for_<br>_counselling could be_<br>_conducted_<br>_depending on local_<br>_requirements, but all_<br>_the rounds shall be_<br>_completed before 30th_<br>_July_| |_Commencement of academic session_|_1st August_| **WP(C).No.16352 OF 2020** **-7-** _Last date upto which students can be admitted against vacancies arising due 15[th] August to any reason (no student should be admitted in any Institution after the last date under any quota) Last date or granting or refusing 10[th] April a roval b AICTE pp y Last date or 15[th] of granting refusing May approval by University / State Govt._ 10. In such circumstances, this Court cannot direct the AICTE to process the application. Therefore, the relief to the petitioner has to be declined for consideration of the application for academic year 2020-2021. Accordingly, the writ petition is disposed of holding that the application filed by the petitioner is valid. If the same application can be considered, it shall be considered by the AICTE for the next academic year. **Sd/-** **A.MUHAMED MUSTAQUE JUDGE** akv **WP(C).No.16352 OF 2020** **-8-** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 TRUE COP OF THE APPLICATION DATED 29.02.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT** - **EXHIBIT P2 TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED 26.02.2020 ISSUED BY THE SECRETARY, ANAD GRAMA PANCHAYATH SUBMITTED BY THE PETITIONER ALONG WITH EXHIBIT P1 APPLICATION** - **EXHIBIT P3 TRUE COPY OF THE AFFILIATION APPLICATION REPORT GENERATED ON 21.05.2020 BASED ON THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, ALONG WITH THE PAYMENT TRANSACTION RECEIPT AND AFFIDAVIT** - **EXHIBIT P4 TRUE COPY OF THE STATUS DOWNLOADED FROM THE WEBSITE CONTAINING THE DECISION OF REJECTION, ALONG WITH THE OBSERVATIONS** - **EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 07.08.2020 SUBMITTED BY THE PETITIONER ADDRESSED TO THE CHAIRMAN OF THE 1ST RESPONDENT** ## **RESPONDENT'S/S EXHIBITS : NIL.** //TRUE COPY// P.A. TO JUDGE