Kerala High Court
Ukf College Of Engineering And ... vs The State Of Kerala on 13 August, 2021
W.A. NO. 1060 & 1062/2021 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
WA NO. 1060 OF 2021
AGAINST THE ORDER IN WP(C) 16184/2021 OF HIGH COURT OF KERALA,
ERNAKULAM
APPELLANT/S:
UKF COLLEGE OF ENGINEERING AND TECHNOLOGY,
PARIPPALLY, KOLLAM-691 302, REPRESENTED BY ITS
DIRECTOR, AMRITHA BASANTH, AGED 33 YEARS,
W/O.DR.PRASOBH K.PRABHA, RESIDING AT LOVELY HAVEN,
CHURCH NAGAR, FIRST STREET CN-122A, ANGAMALY,
ERNAKULAM-683 572.
BY ADVS.
PRAVEEN K. JOY
E.S.SANEEJ
M.P.UNNIKRISHNAN
M.K.SAMYUKTHA
N.ABHILASH
DEEPU RAJAGOPAL
SANDRA S. KUMAR
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF TECHNICAL EDUCATION,
THIRUVANANTHAPURAM-695 023.
3 STATE BOARD OF TECHNICAL EDUCATION, REPRESENTED BY
THE DIRECTOR OF TECHNICAL EDUCATION, OFFICE OF THE
DIRECTOR, TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695
023.
4 ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,
NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI-110 070,
REPRESENTED BY ITS SECRETARY.
5 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, REPRESENTED
BY ITS REGISTRAR, CET CAMPUS, TRIVANDRUM-695 016.
SRI.K.B.RAMANAND SPL GP FOR R1 TO R3, SRI.SAJITH
KUMAR V FOR R4 AND SRI ELVIN PETER P J FOR R5
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
13.08.2021, ALONG WITH WA.1062/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A. NO. 1060 & 1062/2021 -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
WA NO. 1062 OF 2021
AGAINST THE ORDER IN WP(C) 15358/2021 OF HIGH COURT OF KERALA,
ERNAKULAM
APPELLANT/S:
SREEPATHY INSTITUTE OF MANAGEMENT AND TECHNOLOGY,
REPRESENTED BY ITS PRINCIPAL, VAVANOOR, KOOTTANAD,
PALAKKAD DISTRICT-679 533.
BY ADV S.KRISHNAMOORTHY
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,
PIN-695 023.
3 STATE BOARD OF TECHNICAL EDUCATION,
REPRESENTED 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.
ADDL.5 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, REPRESENTED
BY ITS REGISTRAR, CET CAMPUS, TRIVANDRUM - 695 016.
OTHER PRESENT:
SRI.K.B.RAMANAND, SPL. GP FOR R1 TO R3, SRI. SAJITH
KUMAR V FOR R4, SRI. ELVIN PETER P.J. FOR ADDL R5
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
13.08.2021, ALONG WITH WA.1060/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A. NO. 1060 & 1062/2021 -3-
JUDGMENT
S. Manikumar, C. J.
Before the writ court, UKF College of Engineering and
Technology, represented by its Director, filed W. P. (C) No. 16184 of
2021, for the following reliefs:-
"i) To issue a writ of certiorari or other appropriate order
or direction to quash Ext.P9;
ii) Issue a writ of mandamus or other appropriate order or
direction to direct the respondents 2 and 3 to grant approval /
affiliation to the Diploma Courses sanctioned to the petitioner's
College by the AICTE, so as to enable the petitioner to
commence classes for the said courses this year itself;
iii) To issue a writ of mandamus or other appropriate
order or direction to direct respondents 1 to 3 to include the
petitioner's College and the Diploma Courses sanctioned to
petitioner's College by the AICTE, in the Annexure-I to the
Ext.P8 Prospectus, so as to enable the willing students to opt for
those courses;
iv) To issue a writ of mandamus or other appropriate
order or direction to direct respondents 2 and 3 to make
allotments to 50% of the Diploma seats in petitioner's College;
v) To issue a writ of mandamus or other appropriate order
or direction to direct respondents 1 to 3 to enlarge the time
schedule for admissions, mentioned in Ext.P8 to tally with
Ext.P7 academic calendar."
2. Similarly, Sreepathy Institute of Management and
Technology, represented by the Principal, filed W. P. (C) No. 15358 of
2021, for the following reliefs:-
"i) To issue a writ of certiorari or other appropriate writ,
order or direction to call for the records leading to Ext P3 and P4
order issued by the 2nd respondent as well as the 1st respondent
and to quash the same;
ii) To issue a writ of mandamus or other appropriate writ,
order or direction directing the 2nd respondent to issue NOC for
starting new diploma courses approved by AICTE in Exhibit P1
for the Academic Year 2021-22;
iii) To issue a writ of mandamus or other appropriate
writ, order or direction directing the 2nd respondent to grant
affiliation to the petitioner institution for conducting diploma
courses in Artificial Intelligence and Machine learning,
Automation & Robotics, Civil & Environmental Engineering in
pursuance to Ext P1 Approval Order issued by the AICTE."
3. After hearing the learned counsel for the parties and perusing
the material on record, by the order dated 10.08.2021, writ court
declined to grant the interim relief.
4. Being aggrieved, UKF College of Engineering and
Technology, has filed W. A. No. 1060 of 2021.
5. Similarly, Sreepathy Institute of Management and
Technology, represented by the Principal, filed W. A. No. 1062 of
6. While assailing the correctness of the interim orders made in
both the writ petitions, Mr. Praveen K. Joy, learned counsel for the
appellant in W. A. No. 1060 of 2021, as well as Mr. S.
Krishnamoorthy, learned counsel for the appellant in W. A. No. 1062
of 2021, fairly admitted that in both the colleges, B. Tech Engineering
Course is being conducted, and that the same is affiliated to APJ
Abdul Kalam Technological University.
7. University has been impleaded as one of the respondents in
W. P. (C) No. 16184 of 2021, whereas in W. P. (C) No. 15358 of 2021,
said University has not been impleaded as a party respondent.
However, when W. A. No. 1062 of 2021 is filed by Sreepathy Institute
of Management and Technology, represented by its Principal, Registry
has raised a point that impleading is not permissible at the appellate
stage and that the said University has to be impleaded in the writ
petition also.
8. Notwithstanding the grounds of challenge, both the learned
counsel for the appellants, fairly submitted that as regards grant of
affiliation is concerned by the Director of Technical Education,
Thiruvananthapuram, APJ Abdul Kalam Technological University,
represented by the Registrar, can make inspection of the respective
colleges, to ascertain as to whether B. Tech Degree Engineering
Course is conducted in separate buildings, and that there is no
overlapping by the abovesaid Engineering Colleges, in conducting
Diploma Courses, to be affiliated by the Director of Technical
Education, Thiruvananthapuram, respondent in both the writ
petitions / writ appeals.
9. On the abovesaid aspect, Mr. S. Krishnamoorthy, learned
counsel for the appellant in W. A. No. 1062 of 2021, submitted that
already an application has been submitted to the Registrar, APJ Abdul
Kalam Technological University, to cause inspection, and submit a
report to the affiliating authority, namely, the Director of Technical
Education, Thiruvananthapuram.
10. Mr. Praveen K. Joy, learned counsel for the appellant in W.
A. No. 1060 of 2021, submitted that an application will be submitted
to APJ Abdul Kalam Technological University, represented by the
Registrar, to cause inspection, and submit a suitable report to the
affiliating authority.
11. Placing on record the submission of the learned counsel for
the appellants, permission is granted to submit necessary applications
to APJ Abdul Kalam Technological University, to cause inspection of
the respective colleges, to ascertain as to whether B. Tech Degree
Courses are conducted in separate buildings, and without causing any
hindrance, Diploma in Engineering courses are conducted in separate
buildings.
12. On receipt of the applications from the respective colleges /
appellants, Registrar, APJ Abdul Kalam Technological University, is
directed to cause inspection, and submit reports to the affiliating
authority, with supporting documents.
13. Though the learned counsel for the appellants sought for a
direction to include the names of the respective colleges, in the list of
colleges maintained for allotment of students, we are not inclined to
grant any such directions as prayed for, nor inclined to direct
provisional affiliation to the Diploma Course, by the Director of
Technical Education, Thiruvananthapuram, pending disposal of the
inspection, submission of reports, and the consequent decision to be
taken by Director of Technical Education, Thiruvananthapuram, the
affiliating authority.
14. At this juncture, at best, we can only direct the Registrar,
APJ Abdul Kalam Technological University, to cause inspection of the
abovesaid institutions, as expeditiously as possible, bearing in mind
the time schedule already prescribed for allotment of the students.
Inspection be caused and reports be submitted to the Director of
Technical Education, Thiruvananthapuram, as expeditiously as
possible.
15. Mr. Elvin Peter P. J., learned counsel for the APJ Abdul
Kalam Technological University, shall instruct the said University, to
explore the possibility of conducting the inspection on 16.08.2021 or
17.08.2021, as the case may be.
16. If on receipt of inspection reports from the University, the
Director of Technical University, Thiruvananthapuram, is satisfied that
the courses are conducted at two different places, without causing
hindrance to the continuance of B. Tech Degree Engineering course as
stated supra, appropriate orders be passed.
17. I. A. No. 1 of 2021 in W. A. No. 1062 of 2021 is allowed.
APJ Abdul Kalam Technological University, represented by its
Registrar, CET Campus, Trivandrum - 695 016, is impleaded as
additional 5th respondent in W. A. No. 1062 of 2021.
Mr. Elvin Peter P. J., learned counsel for the APJ Abdul Kalam
Technological University, is directed to communicate judgment of this
Court made in W.A. Nos. 1060 and 1062 of 2021.
With the above directions, writ appeals are disposed of.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
///TRUE COPY/// P. A. TO JUDGE
