## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**WEDNESDAY, THE 26TH DAY OF AUGUST 2020 / 4TH BHADRA, 1942**
## **WP(C).No.17630 OF 2020(C)**
## **PETITIONER/S:**
**HOLY GRACE FOUNDATION, REP. BY ITS SECRETARY, KURUVILASSERY P.O., MALA, THRISSUR DISTRICT, PIN - 680 735.**
**BY ADVS. SRI.S.KRISHNAMOORTHY SMT.NITHYA SUGUNAN**
## **RESPONDENT/S:**
- **1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.**
- **2 DIRECTOR OF TECHNICAL EDUCATION, PADMA VILASAM ROAD, EAST FORT, THIRUVANANTHAPURAM, PIN - 695 001.**
- **3 STATE BOARD OF TECHNICAL EDUCATION, REP. BY ITS SECRETARY, FORT P.O., THIRUVANANTHAPURAM - 695 023.**
- **4 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REPRESENTED BY MEMBER SECRETARY, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI -110 033.**
- **BY SRI.M A ASIF, SPECIAL GOVERNMENT PLEADER BY SRI.V.SAJITH KUMAR, STANDING COUNSEL FOR AICTE**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.08.2020, ALONG WITH WP(C).17613/2020(B), WP(C).17742/2020(P), WP(C).17915/2020(L), WP(C).17977/2020(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.17630/2020 and conn. cases 2**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**WEDNESDAY, THE 26TH DAY OF AUGUST 2020 / 4TH BHADRA, 1942**
## **WP(C).No.17613 OF 2020(B)**
## **PETITIONER/S:**
**THE PRESIDENT, MUSLIM ASSOCIATION, NANDAVANAM, TRIVANDRUM-695 033**
**BY ADVS.**
**SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM**
## **RESPONDENT/S:**
- **1 THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM-695 001.**
- **2 THE DIRECTOR OF TECHNICAL EDUCATION, GOVERNMENT OF KERALA, TRIVANDRUM-695 001.**
- **3 STATE BOARD OF TECHNICAL EDUCATION, REPRESENTED BY THE MEMBER SECRETARY, OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, TRIVANDRUM-695 001**
- **4 THE COMMISSIONER FOR ENTRANCE EXAMINATION, TRIVANDRUM-695001**
**BY SRI.M A ASIF, SPECIAL GOVERNMENT PLEADER**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.08.2020, ALONG WITH WP(C).17630/2020(C), WP(C).17742/2020(P), WP(C).17915/2020(L), WP(C).17977/2020(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.17630/2020 and conn. cases 3**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**WEDNESDAY, THE 26TH DAY OF AUGUST 2020 / 4TH BHADRA, 1942**
## **WP(C).No.17742 OF 2020(P)**
## **PETITIONER/S:**
**JAI BHARATH COLLEGE OF MANAGEMENT AND ENIGNEERING TECHNOLOGY, REPRESENTED BY ITS CHAIRMAN, ARACKAPADY, VENGOLA P O, PERUMBAVOOR, ERNAKULAM DISTRICT - 683564.**
**BY ADVS. SRI.S.KRISHNAMOORTHY SMT.NITHYA SUGUNAN**
## **RESPONDENT/S:**
**1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. 2 THE DIRECTOR OF TECHNICAL EDUCATION, PADMA VILASAM ROAD, EAST FORT, THIRUVANANTHAPURAM, PIN - 695023. 3 STATE BOARD OF TECHNICAL EDUCATION, REPRESENTED BY ITS SECRETARY, FORT P O, THIRUVANANTHAPURAM - 695023. 4 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REPRESENTED BY MEMBER SECRETARY, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI-110033.**
**BY SRI.M A ASIF, SPECIAL GOVERNMENT PLEADER BY SRI.V.SAJITH KUMAR, STANDING COUNSEL FOR AICTE**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.08.2020, ALONG WITH WP(C).17613/2020(B), WP(C).17630/2020(C), WP(C).17915/2020(L), WP(C).17977/2020(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.17630/2020 and conn. cases 4**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**WEDNESDAY, THE 26TH DAY OF AUGUST 2020 / 4TH BHADRA, 1942**
## **WP(C).No.17915 OF 2020(L)**
## **PETITIONER/S:**
**ILAHIA TRUST, REPRESENTED BY ITS GENERAL SECRETARY, MARKET P O, MUVATTUPUZHA - 686673.**
**BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.P.M.SANEER SRI.TONY GEORGE KANNANTHANAM**
## **RESPONDENT/S:**
**1 A.P.J.ABDUL KALAM TECHNOLOGICAL UNIVERSITY, (DELETED), REPRESENTED BY ITS REGISTRAR, CET CAMPUS, TRIVANDRUM - 685016.**
**(FIRST RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 26.08.2020)**
**2 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695001. 3 THE DIRECTOR OF TECHNICAL EDUCATION, TRIVANDRUM - 695001.**
**4 STATE BOARD OF TECHNICAL EDUCATION, C/O. THE DIRECTORATE OF TECHNICAL EDUCATION, TRIVANDRUM - 695001.**
**BY SRI.M A ASIF, SPECIAL GOVERNMENT PLEADER**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.08.2020, ALONG WITH WP(C).17613/2020(B), WP(C).17630/2020(C), WP(C).17742/2020(P), WP(C).17977/2020(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.17630/2020 and conn. cases 5**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
# **PRESENT**
**THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE**
**WEDNESDAY, THE 26TH DAY OF AUGUST 2020 / 4TH BHADRA, 1942**
## **WP(C).No.17977 OF 2020(V)**
## **PETITIONER/S:**
**GURUDEVA TRUST, REP. BY ITS CHAIRMAN, 2/83-85 , MANJALIPAZHAYAKADAVU, MANJALY, MANNAM P.O. KARUMALLUR, ERNAKULAM 683 520.**
**BY ADVS. SRI.S.KRISHNAMOORTHY SMT.NITHYA SUGUNAN**
## **RESPONDENT/S:**
|**1**|**STATE OF KERALA, REPRESENTED BY PRINCIPAL**|
|---|---|
||**SECRETARY, DEPARTMENT OF HIGHER EDUCATION,**|
||**GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.**|
|**2**|**THE DIRECTOR OF TECHNICAL EDUCATION,**|
||**PADMA VILASAM ROAD, EAST FORT,**|
||**THIRUVANANTHAPURAM 695 023.**|
|**3**|**STATE BOARD OF TECHNICAL EDUCATION,**|
||**REP. BY ITS SECRETARY, FORT P.O.,**|
||**THIRUVANANTHAPURAM 695 023.**|
|**4**|**ALL INDIA COUNCIL FOR TECHNCIAL EDUCATION,**|
||**REP BY ITS MEMBER SECRETARY NELSON MANDELA MARG,**|
||**VASANT KUNJ, NEW DELHI 110 033.**|
**BY SRI.M A ASIF, SPECIAL GOVERNMENT PLEADER**
**BY SRI.V.SAJITH KUMAR, STANDING COUNSEL FOR AICTE**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.08.2020, ALONG WITH WP(C).17613/2020(B), WP(C).17630/2020(C), WP(C).17742/2020(P), WP(C).17915/2020(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.17630/2020 and conn. cases 6**
## **JUDGMENT**
**[ WP(C).17630/2020, WP(C).17613/2020, WP(C).17742/2020, WP(C).17915/2020, WP(C).17977/2020 ]**
## **Dated this the 26th day of August 2020**
These writ petitions are taken up together at the admission stage itself in the light of the urgent orders are required in this matter.
2. The petitioners are the educational agency. They set up engineering colleges in the State. The petitioners are now allowed to run diploma course in the Engineering Colleges. The AICTE granted approval. These Colleges approached this Court as the State Board of Technical Education, Thiruvananthapuram refused to grant the programme offered by the petitioners.
3. This Court in W.P.(C) No.13063/2020 passed an interim order on 02.7.2019, which reads thus:
Admit. The learned Government Pleader takes notice for respondents 1 and 2.
There will be an interim direction to the second respondent to reconsider the petitioner's application for approval for Diploma Program sanctioned as per Ext.P1 within a period of one week from the date of receipt of a copy of this order.
**WP(C).No.17630/2020 and conn. cases 7**
Ext.P6 and P8 shall not be taken as a ground for rejection of approval. In case, there is any defect in the application, the petitioner shall be informed immediately and given an opportunity to rectify the same.
Thereafter, another order was passed on 21.7.2020, which reads thus:
“The petitioner-Trust, an educational agency, has filed this writ petition seeking to direct the 2[nd] respondent to consider petitioner's application for approval of the Diploma Programs in Engineering, which are already sanctioned by the AICTE.
2. On 02.07.2020, this Court directed the Director of Technical Education by way of an interim order to consider the application of the petitioner for approval to start Diploma Programs which are already approved by AICTE as per Ext.P5, within a period of one month. It was further directed that the petitioner shall be informed of any defect in the application and shall be permitted to rectify the same by making payments as required. In spite of the said interim order, the respondents have not considered or processed the application of the petitioner.
3. It is disclosed from Ext.P6 letter that the application of the petitioner is not being processed due to a policy decision of the Government. A Division Bench of this Court in the judgment in the State of Kerala v. KMCT Polytechnic College (WA No.1239/2017) held that a policy decision by the State not to grant sanction for establishment of new Polytechnics would clearly be in
**WP(C).No.17630/2020 and conn. cases 8**
teeth of the provisions of the Central Act and such a policy decision cannot be legally sustained.
4. In the circumstances, there will be an interim direction to the respondents to consider the application of the petitioner on its merits without regard to Ext.P6 communication and take a final decision on the application on or before 04.08.2020. If any defect is found in the application, the petitioner shall be informed immediately and be given opportunity to rectify the same. There will be a further direction to the respondents that on grant of approval/Affiliation, the name of the petitioner-institution shall be included in the Centralised Allotment process for the said Diploma Courses.
Post the writ petition for further hearing on 05.08.2020.”
4. Based on the interim orders as above, this Court passed a detailed interim order in W.P.(C) No.13111/2020 and connected cases on 11.08.2020 by directing the respondents to accept the application fee and grant provisional approval/affiliation for Diploma course forthwith. The approval was directed to be given based on AICTE approval.
5. In the light of the above orders, their applications were considered. Based on the directions, the State Board of Technical Education passed an order. The order was passed based on a decision taken on 12.8.2020 in its meeting. The
**WP(C).No.17630/2020 and conn. cases 9**
gist of the order was communicated by the Director of Technical Education to the petitioners. The reasons for rejection in all these cases are as follows:
- i. The institution showing a downward trend to the admission to an existing programme.
- ii. Failed to obtain MBA accreditation for an existing academic programme.
- iii. Want of NOC from the affiliating University of an existing UG Programme.
6. This Court in the last order dated 11.08.2020 issued a direction to grant provisional affiliation/approval for the diploma courses forthwith in the light of the approval granted by AICTE. In such circumstances, overreaching such directions,
these impugned orders could not have been passed. These orders would not lie in the teeth of the order already passed by this Court.
7. The learned Special Government Pleader, Sri.Asif submitted that he requires time to get instructions from the Government and without giving sufficient time, this Court shall not dispose the writ petitions at the admission stage. It is also submitted that the Government is intended to file an appeal against the interim order already passed.
8. The order impugned is exfacie illegal in the light
**WP(C).No.17630/2020 and conn. cases 10**
of the order of this Court dated 11.08.2020. When this Court can decide the validity of the impugned order at threshold to avoid perpetuation of injustice it can be interfered at the admission stage itself. If any remedy is available to the Government to challenge the interim order dated 11.08.2020, the Government is free to challenge such order in appropriate manner.
These writ petitions are disposed of as above.
**Sd/-**
**A.MUHAMED MUSTAQUE**
**JUDGE**
ln
**WP(C).No.17630/2020 and conn. cases 11**
## **APPENDIX OF WP(C)NO.17630/2020**
**PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 12/06/2019 IN WP(C) NO.15215/2019.**
**EXHIBIT P2 TRUE COPY OF THE APPROVAL ORDER ISSUED BY THE AICTE DATED 15/6/2020.**
**EXHIBIT P3 TRUE COPY F THE REQUEST DATED 19/06/2020 SUBMITTED BY PETITIONER.**
**EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WA NO.1239/2017 DATED 22/08/2017 OF THE HON'BLE HIGH COURT.**
**EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 02/07/2020 IN W.P.(C) NO.12970/2020 OF THE HON'BLE HIGH COURT.**
**EXHIBIT P6 TRUE COPY OF INTERIM ORDER DATED 15/07/2020 IN W.P.(C) NO.12970/2020 OF THE HON'BLE HIGH COURT.**
**EXHIBIT P7 TRUE COPY OF THE LETTER DATED 21/08/2010 ISSUED BY THE 2ND RESPONDENT.**
**EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF THE APPROVAL PROCESS HANDBOOK 2020-21.**
**WP(C).No.17630/2020 and conn. cases 12**
## **APPENDIX OF WP(C)NO.17613/2020**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE ORDER DATED 15.6.2020 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION.**
- **EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 19.1.2020 BY THE PETITIONER TO THE 2ND RESPONDENT.**
- **EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 19.06.2020 ISSUED TO THE PETITIONER.**
**EXHIBIT P4 TRUE COPY OF THE ORDER DATED 22.08.2016 ISSUED BY THE GOVERNMENT.**
- **EXHIBIT P5 TRUE COPY OF THE LETTER DATED 5.6.2020 ISSUED BY THE ISSUED BY THE GOVERNMENT.**
- **EXHIBIT P6 TRUE COPY OF THE ORDER DATED 2.7.2020 IN W.P.(C) NO. 13063/2020 OF THIS HON'BLE COURT.**
- **EXHIBIT P7 TRUE COPY OF THE ORDER DATED 15.7.2020 IN WP(C) NO. 13063/2020 OF THIS HON'BLE COURT.**
- **EXHIBIT P8 TRUE COPY OF THE LETTER DATED 21.8.2020 ISSUED BY THE 3RD RESPONDENT.**
- **EXHIBIT P9 TRUE COPY OF THE NOTIFICATION DATED 13.8.2020 ISSUED BY ALL INDIA COUNCIL FOR TECHNICAL EDUCATION.**
- **EXHIBIT P9 A TRUE COPY OFTHE ANNEXURE I REVISED ACADEMIC CALENDER APPENDED TO EXT. P9.**
**WP(C).No.17630/2020 and conn. cases 13**
## **APPENDIX OF WP(C)NO.17742/2020**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE AFFILIATION ORDER DATED 27.09.2019 ISSUED BY 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE APPROVAL ORDER ISSUED BY THE 5TH RESPONDENT AICTE DATED 13.06.2020. EXHIBIT P3 TRUE COPY OF THE CIRCULAR ISSUED BY 2ND RESPONDENT DATED 10.02.2020 EXHIBIT P4 TRUE COPY OF THE DD IN FAVOUR OF THE 2ND RESPONDENT ISSUED THROUGH UNION BANK DATED 24.02.2020. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.12973/2020 DATED 02.07.2020. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO. 12973/2020 DATED 15.07.2020. EXHIBIT P7 TRUE COPY OF THE LETTER DATED 21.08.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE APPROVAL PROCESS HANDBOOK 2020-21.**
**WP(C).No.17630/2020 and conn. cases 14**
## **APPENDIX OF WP(C)NO.17915/2020**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE COVERING LETTER FORWARDING THE APPLICATION FOR CONVERSION GIVEN TO THE STATE GOVERNMENT DATED 24.02.2020. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 15.06.2020 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 5.6.2020 ISSUED BY THE GOVERNMENT. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 22.08.2016 ISSUED BY THE GOVERNMENT. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 2.7.2020 IN WP(C) NO. 1311/2020 OF THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 21.7.2020 IN WP(C) NO. 1311/2020 OF THIS HON'BLE COURT EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 11.8.2020 IN WP(C) NO. 1311/2020 OF THIS HON'BLE COURT EXHIBIT P8 TRUE COPY OF THE ORDER DATED 20.08.2020 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION. EXHIBIT P9 TRUE COPY OF THE LETTER DATED 21.08.2020 ISSUED BY THE DIRECTOR OF TECHNICAL EDUCATION. EXHIBIT P10 TRUE COPY OF THE NOTIFICATION DATED 13.08.2020 ISSUED BY ALL INDIA COUNCIL FOR TECHNICAL EDUCATION. EXHIBIT P10(a) TRUE COPY OF THE ANNEXURE - I REVISED ACADEMIC CALENDAR APPENDED TO EXT.P10.**
**WP(C).No.17630/2020 and conn. cases 15**
## **APPENDIX OF WP(C)NO.17977/2020**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE REQUEST DATED 12.2.2020 ADDRRESSED TO THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE APPROVAL ORDER ISSUED BY THE 5TH RESPONDENT DATED 15.06.2020. EXHIBIT P3 TRUE COPY INTERIM ORDER IN WP 13422/2020 DATED 21.07.2020 OF THE HONBLE HIGH COURT. EXHIBIT P4 TRUE COPY INTERIM ORDER IN WP 13422/2020 DATED 11.08.2020 OF THE HONBLE HIGH COURT.**
**EXHIBIT P5 TRUE COPY OF THE RULES AND REGULATIONS FOR AFFILIATION OF DIPLOMA LEVEL TECHNICAL PROGRAMME ISSUED BY THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 13.08.2020 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE REJECTION LETTER DATED 21.08.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE RELEVANT PORTION OF APPROVAL PROCESS HAND BOOK 2020-21.**