Kerala High Court
The Chairman vs State Of Kerala on 3 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942
WP(C).No.16471 OF 2020(H)
PETITIONER:
THE CHAIRMAN
NOORUL ISLAM TRUST, AL-AZAR CAMPUS,
PERUMPILLYCHIRA P.O, THODUPUZHA 685 605
BY ADVS.
SRI.KURIAN GEORGE KANNANTHANAM (SR.)
SRI.P.M.SANEER
SRI.TONY GEORGE KANNANTHANAM
SRI.THOMAS GEORGE
SHRI.SIVASHANKAR PANICKER
ALEX GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001
2 THE COMMISSIONER FOR ENTRANCE EXAMINATION,
TRIVANDRUM 695 001
3 MAHATMA GANDHI UNIVERITY
(REPRESENTED BY ITS REGISTRAR),
PRIYADARSHINI HILLS, KOTTAYAM 686 560
ADDL. R4 IMPLEADED
ADDL. THE CHAIRMAN,
R4. BAR COUNCIL OF INDIA, 21,
ROUSE AVENUE INSTITUTIONAL AREA,
NEAR BAL BHAVAN, NEW DELHI, PIN-110 002.
IS IMPLEADED AS PER ORDR DATED 12-01-21 IN IA 2/2020.
R3 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
R1 & R2 BY SRI K.R.RENJIT, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.16471 OF 2020(H)
2
JUDGMENT
Petitioner, the Chairman of Noorul Islam Trust, Thodupuzha,
which has established a private self financing law college, namely,
Al -Azhar Law College at Thodupuzha, has filed this writ petition
under Article 226 of the Constitution of India, seeking a writ of
certiorari to quash condition No.2 in Ext.P6 order dated 13.07.2020
of the 3rd respondent Mahatma Gandhi University; and a writ of
mandamus commanding the 2nd respondent Commissioner of
Entrance Examinations to include the two new courses, namely,
B.Com LLB and BBA LLB in the petitioner's college for centralised
allotment, before the closure of receipt of options by candidates.
The petitioner has also sought for other consequential reliefs.
2. On 12.08.2020, when this writ petition came up for
admission, this Court admitted the matter on file. The Learned
Government Pleader took notice for respondents 1 and 2 and the
learned Standing Counsel took notice for the 3 rd respondent
University. This Court passed an interim order dated 12.08.2020
and paragraphs 2 to 4 of that order read thus:
"2. The petitioner is a Trust. The petitioner runs a Law
College namely, Al-Azar Campus, Thodupuzha, Idukki
District. As seen from Ext.P6, Mahatma Gandhi
WP(C).No.16471 OF 2020(H)
University granted extension of affiliation to the
following courses:
Sl. Name of Programme Intake
No. College
Thodupuzha
5. LLM (Branch I-Criminal Law) 15
Law)
3. There is a centralised allotment of 50% of seats in
private and unaided colleges of the State. Accordingly,
the petitioner's college were included in the allotment
process. However, as seen from Ext.P10 notification
issued by the Commissioner for Entrance Examinations,
the petitioner's college was included only for admission
to BA LLB course with intake of 60. The petitioner is
already having affiliation with the University in regard to
BBA LLB for 5 years with intake of 60 and B.Com LLB
for 5 years with intake of 60.
4. In view of the fact that the petitioner is enjoying the
affiliation, it is appropriate to direct the Commissioner
for Entrance Examinations also to include the
petitioner's College for allotment of 50% of seats for
BBA LLB and B.Com LLB courses in accordance with
Ext.P10 notification. That shall be done before the
closure of registration as notified in Ext.P10."
3. On 24.08.2020, when this writ petition came up for
WP(C).No.16471 OF 2020(H)
consideration, the learned counsel for the petitioner submitted that
the interim order of this Court has already been complied with.
4. On 21.10.2020, when this writ petition came up for
consideration, this Court passed the following order:
"The 1st relief sought for in this writ petition is the writ
of certiorari to quash condition No.2 in Ext.P6 University
order dated 13.07.2020. The condition No.2 reads thus:
"The Colleges shall obtain renewed NOC from
the Government and Bar Council of India for
the Academic Year 2020-21."
(underline supplied)
The petitioner has not chosen to implead the Bar
Council of India as a party to this writ petition. Without
noticing the said fact, the Registry has numbered this
writ petition.
The learned counsel for the petitioner would submit that
the petitioner shall file an application to implead the Bar
Council of India as additional respondent."
5. The petitioner has filed I.A.No.2 of 2020 seeking an
order to implead the Chairman of Bar Council of India as additional
4th respondent and I.A.No.3 of 2020 to accept Ext.P12 as additional
document. Both interlocutory applications were allowed on
12.01.2021.
6. Heard the learned counsel for the petitioner, the learned
WP(C).No.16471 OF 2020(H)
Government Pleader appearing for respondents 1 and 2 and also
the learned Standing Counsel for the 3rd respondent University.
7. During the course of arguments, it is pointed out by the
learned counsel for the petitioner and also the learned Government
Pleader that by Ext.P11 order dated 02.11.2020, the Government
has granted administrative sanction for starting 5 year Integrated
BBA LLB and B.Com LLB in Al Azhar Law College for the academic
year 2020-21.
In such circumstances, recording the aforesaid fact, this writ
petition is disposed of.
Sd/-
ANIL K.NARENDRAN
JV JUDGE
WP(C).No.16471 OF 2020(H)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 29-06-2019
ISSUED BY THE GOVERNMENT
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 13-08-2019
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25-09-2019
ISSUED BY THE BAR COUNCIL OF INDIA
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 16-11-2019
ISSUED BY THE BAR COUNCIL OF INDIA
EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 9-12-
2019 ISSUED BY THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 13-07-20020
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 5-08-2020
ISSUED BY THE GOVERNMENT.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 6-
08-2020 SUBMITTED BY THE PETITIONER.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 6-
08-2020 SUBMITTED BY THE PETITIONER.
EXHIBIT P10 TRUE COPY OF THE NOTIFICATION DATED 8-08-
2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P11 TRUE COPY ORDER NO.G.O.
(MS)NO.378/2020/HEDN. DATED 2.11.2020
ISSUED BY HIGHER EDUCATION DEPARTMENT.
EXHIBIT P12 A TRUE COPY OF THE EXTENSION OF APPROVAL
DATED 13/08/2020 FOR 2020-21 AND GRANTING
ADDITIONAL SEATS AS PER ORDER DATED
16/10/2020 OF BAR COUNCIL OF INDIA.
RESPONDENT'S EXHIBITS:
ANNEXURE I A TRUE COPY OF G.O.(MS) NO.175/2019/HEDN
DATED 20.06.2019
WP(C).No.16471 OF 2020(H)
ANNEXURE II TRUE COPY OF ORDER
NO.BCI:D:451/2020(LE/APP/AFFIN) DATED 13-
08-2020, THE BAR COUNCIL OF INDIA
