Kerala High Court

Narayanan & Vaidyanathan ... vs The State Of Kerala Represented By on 2 March, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

     TUESDAY, THE 02ND DAY OF MARCH 2021/11TH PHALGUNA, 1942

                      WP(C).No.27276 OF 2020(H)


PETITIONER:

               NARAYANAN & VAIDYANATHAN CHARITABLE AND
               EDUCATIONAL TRUST, REPRESENTED BY ITS
               MANAGING TRUSTEE, NARAYANA TOWERS, VAZHUTHACAUD,
               THYCAUD P. O., THIRUVANANTHAPURAM - 695 014.

               BY ADVS.
               SRI.R.T.PRADEEP
               SRI.NAIR AJAY KRISHNAN
               SMT.M.BINDUDAS
               SRI.K.C.HARISH

RESPONDENTS:

      1        THE STATE OF KERALA REPRESENTED BY
               CHIEF SECRETARY, GOVERNMENT OF KERALA,
               SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      2        PRINCIPAL SECRETARY,
               HIGHER EDUCATION DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      3        COMMISSIONER FOR ENTRANCE EXAMINATIONS,
               5TH FLOOR, HOUSING BOARD BUILDINGS,
               SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

               R1-R3 BY SPECIAL GOVERNMENT PLEADER SRI M.A.ASIF

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.27276/2020

                                2




                          JUDGMENT

Dated this the 2nd day of March, 2021

The petitioner, a Charitable and Educational Trust

running a self-financing Architectural College offering B.Arch

and B.Des. (Interior Design) Courses, has filed this writ

petition seeking to direct the respondents to combine the

admission procedure of B.Des. with that of B.Arch.

2. The petitioner would submit that it is a self

financing Architectural College offering B.Arch and B.Des.

(Interior Design) with an intake of 120 students and 60

students respectively. All seats under Architecture Trade

used to get filled up completely every year in their College.

The College was granted all requisite permissions to start

the course of B.Des. for the academic year 2019-20.

3. The admission procedure for B.Des. was not

included under KEAM. The affiliating University conducted

an entrance examination to fill up the 60 seats for B.Des. for WP(C)No.27276/2020

the academic year 2019-20. Out of the 60 seats for B.Des.,

30 seats are earmarked as Government category and 30

seats are set apart for the College as management quota.

The affiliating University called upon the Commissioner for

Entrance Examination to include the admission procedure

for B.Des. under KEAM 2020. However it was not done.

The Commissioner for Entrance Examination issued

separate notifications for admission procedure for B.Arch.

and B.Des. simultaneously without any intervening time lag.

4. It is the contention of the petitioner that

simultaneous issuance of notifications separately and

distinctly for both the courses has adversely affected the

intake of students in the College. This proved detrimental to

the admission of Government category seats for B.Des. On

account of delay, the candidates in the raked list for B.Des.

had already taken admission for different courses and none

left to take admission for B.Des. Though there were more

than 200 applicants for B.Des., there were no takers for 30 WP(C)No.27276/2020

Government category seats. This has substantially caused

pecuniary loss to the College. It is under such

circumstances, that the petitioner approached this Court

filing this writ petition. In the writ petition, the petitioner

prayed that the respondents be directed to combine the

admission procedure for B.Arch. and B.Des.

5. The 3rd respondent filed a statement in the writ

petition. The 3rd respondent stated that the eligibility criteria

for B.Arch. Course as prescribed in Clause 6.2.3 of KEAM

2020 is 50% mark in aggregate in Physics, Chemistry and

Mathematics in 10+2 level examination or pass in 10+3 year

Diploma Examination with Mathematics as compulsory

subject with atleast 50% mark in aggregate. Such

candidates are required to score minimum eligibility marks

as per the Information Brochure of National Aptitude Test in

Architecture (NATA) 2020.

6. At the same time, for admission to B.Des.

Course, the academic qualification prescribed is an WP(C)No.27276/2020

aggregate of 50% marks in 10+2 stream under "any

combination of subjects" plus a pass in NATA or UCEED or

NID Entrance Examination (mains). Therefore, the

academic qualification for B.Arch Course and B.Des.

Course are different. Therefore, there is no scope for

having a combined admission for B.Des. and B.Arch.

Course, contended the Special Government Pleader.

7. The learned Special Government Pleader

however submits that the B.Des. Course was not included in

the prospectus for KEAM 2020 as the eligibility criteria for

B.Des. was approved by the curriculum committee of the

University and intimated to the Government only

subsequent to notifying the KEAM 2020 Prospectus by the

Government. If the Government continuous to entrust the

admission process for B.Des. course to the 3 rd respondent

in the next academic year, the B.Des. course can also be

included in the prospectus for KEAM 2021. Ext.P7 would

show that the Government has already taken a decision in WP(C)No.27276/2020

this regard. The learned Special Government Pleader

urged that under any circumstances, there can be no

combined admission for both the courses as the eligibility

criteria for both the courses are different.

8. I have heard the learned counsel for the

petitioner and the learned Government Pleader appearing

for the respondents.

9. As the 1st respondent has already decided to

include the B.Des. Course in the KEAM as per Ext.P7,

substantial grievance of the petitioner remain redressed.

However, the learned counsel for the petitioner would

submit that unless the admission for B.Arch. and B.Des. are

proceeded together right from including in the prescribed

KEAM 2021, and proceeded further through different stages

of selection process and publication of rank list for both the

courses simultaneously and without any intervening time

lag, the petitioner will be put to great difficulties. In this

before the Commissioner for Entrance Examination, the 3rd

respondent. This Court finds that the petitioner has a

grievance in this regard.

In the circumstances, the writ petition is disposed of

directing the 3rd respondent to consider Ext.P14

representation submitted by the petitioner as expeditiously

as possible and take a decision, at any rate, within a period

of two weeks. All other issues are left open.

Sd/-

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE G.O.(MS) NO.131/2019/H.EDN. DATED 14.05.2019 BY WHICH GOVERNMENT DECIDED TO ISSUE NO OBJECTION CERTIFICATE TO THE COLLEGE OF PETITIONER FOR THE COURSE OF B.DES.

EXHIBIT P2 TRUE COPY OF AGREEMENT DATED 22.06.2019 AS BETWEEN THE PETITIONER AND GOVERNMENT OF KERALA WITH RESPECT TO SEAT SHARING.

EXHIBIT P3       TRUE     COPY     OF   THE    G.O.(MS)
                 NO.223/2019/H.EDN.   DATED    6.7.2019

GRANTING NO OBJECTION CERTIFICATE FOR B.DES.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 30.04.2019 BY WHICH AICTE GRANTED APPROVAL FOR B.DES.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 15.05.2019 GRANTING PROVISIONAL AFFILIATION FOR B.DES BY APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 6.2.2020 FORM UNIVERSITY TO 1ST RESPONDENT AS REGARD THE ELIGIBILITY QUALIFICATIONS AND ADMISSION PROCEDURE FOR B.DES.

EXHIBIT P7       TRUE     COPY     OF    THE   G.O.(RT)
                 NO.252/2020/H.EDN    DATED   12.2.2020

ACCORDING SANCTION TO THE ELIGIBILITY QUALIFICATIONS AND METHOD OF ADMISSION FOR B.DES.

EXHIBIT P8 TRUE COPY OF THE NOTIFICATION DATED 22.9.2020 FOR ONLINE SUBMISSION OF MARKS DATA FOR THE PREPARATION OF ARCHITECTURE RANK 2020.

EXHIBIT P9 TRUE COPY OF THE NOTIFICATION DATED 23.09.2020 OF 3RD RESPONDNET FOR ONLINE SUBMISSION OF MARKS DATA FOR THE PREPARATION OF B.DES RANK 2020.

EXHIBIT P10 TRUE COPY OF THE NOTIFICATION DATED 11.10.2020 OF PUBLICATION OF RANK LIST OF B.ARCH BY 3RD RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE NOTIFICATION DATED 14.11.2020 OF PUBLICATION OF RANK LIST OF B.DES BY 3RD RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS DATED 30.04.2020 OF AICTE BY WHICH APPROVAL IS GRANTED FOR B.DES FOR THE ACADEMIC YEAR 2020-2021.

EXHIBIT P13 TRUE COPY OF THE ORDER DATED 2.8.2020 OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY EXTENDING PROVISIONAL AFFILIATION FOR B.DES FOR THE ACADEMIC YEAR 2020-2021.

EXHIBIT P14 TRUE COPY OF REPRESENTATION DATED 26.2.2021 BEFORE 3RD RESPONDENT