Kerala Private College ... vs Mahatma Gandhi University And ...
2021 Latest Caselaw 21559 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    MONDAY, THE 1ST DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943
                        WP(C) NO. 618 OF 2006
PETITIONERS:


    1     KARMELA RANI TRAINING COLLEGE, KOLLAM
          REPRESENTED BY ITS MANAGER, KOLLAM.
    2     ST. JOSEPHS TRAINING COLLEGE FOR WOMEN
          REPRESENTED BY ITS MANAGER, ERNAKULAM.
    3     MOUNT CARMEL TRAINING COLLEGE
          REPRESENTED BY ITS MANAGER, KOTTAYAM.
    4     ST. JOSEPH'S TRAINING COLLEGE
          REPRESENTED BY ITS MANAGER, MANNANAM.
    5     ST. THOMAS TRAINING COLLEGE
          REPRESENTED BY ITS MANAGER, PALA.
          BY ADVS.
          SRI.BABY ISSAC ILLICKAL
          SRI.THOMAS JAMES MUNDACKAL


RESPONDENTS:


    1     STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
    2     PRINCIPAL SECRETARY TO GOVERNMENT
          HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM.
    3     DIRECTOR OF COLLEGIATE EDUCATION
          THIRUVANANTHAPURAM.
          ADV.SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2021, ALONG WITH WP(C).21358/2010, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
   WP(C) Ns. 618 OF 2006 &
  21358 of 2010
                               2

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 1ST DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943
                   WP(C) NO. 21358 OF 2010
  PETITIONER:
            KERALA PRIVATE COLLEGE MANAGEMENTS'
            ASSOCIATION(REG.NO.TR 12/1960),
            REPRESENTED BY ITS SECRETARY,
            B.V.M.HOLY CROSS COLLEGE,
            CHERPUNKAL-686 584.
            BY ADV SRI.BABY ISSAC ILLICKAL

  RESPONDENTS:
      1     MAHATMA GANDHI UNIVERSITY AND ANOTHER
            REPRESENTED BY ITS REGISTRAR,KOTTAYAM.
      2     VICE-CHANCELLORMAHATMA GANDHI
            UNIVERSITY,KOTTAYAM.
      3     ADDL.R3.STATE OF KERALA, REPRESENTED BY THE
            PRINCIPAL SECRETARY TO GOVERNMENT,
            HIGHER EDUCATION DEPARTMENT,
            THIRUVANANTHAPURAM(IS SUOMOTU IMPLEADED AS
            ADDITIONAL 3RD RESPONDENT AS PER ORDER DATED
            01.11.2021 IN W.P.(C)NO.21358/2010)
            BY ADVS.
            SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY
            SRI.K.H.ASIF
            SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
            SRI.BABU KARUKAPADATH
            SRI.JAGAN GEORGE
            SRI.C.A.MAJEED
            SRI.K.A.NOUSHAD
            SRI.P.G.PRAMOD
            SRI.M.R.RAJENDRAN NAIR SR.
            SRI. T.A. SHAJI, SC, M.G.UNIVERSITY
            SMT.M.A.VAHEEDA BABU
             ADV.SMT.VIDYA KURIAKOSE, GOVERNMENTPLEADER
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
  ADMISSION ON 01.11.2021, ALONG WITH WP(C).618/2006,
  THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Ns. 618 OF 2006 &
21358 of 2010
                                3


               P.V.KUNHIKRISHNAN, J
         -------------------------------
              W.P.(C)Nos.618 of 2006
                 and 21358 of 2010
        --------------------------------
      Dated this the 01st day of November 2021

                          JUDGMENT

These two writ petitions were filed

challenging centralized allotment and

proposal for common entrance test for

admission in B.Ed courses. When this writ

petition came up for consideration, the

learned counsel for the petitioners submitted

that, in the light of the constitutional

amendment of Article 15(5) of the

Constitution, he has got a case and he wants

to submit the same before the government by

way of a representation. Therefore, the

learned counsel submitted that, the

petitioners may be allowed to raise all the

contentions before the State government by

way of a representation and there may be a WP(C) Ns. 618 OF 2006 & 21358 of 2010

direction to consider the same in accordance

to law.

2. In the light of the above submission,

I think these writ petitions can be disposed

allowing the petitioners to file a

representation and further directing the

government to consider the same in accordance

to law. I make it clear that I have not

considered the matter on merit and the State

government is free to pass appropriate orders

in accordance to law.

Therefore these writ petitions are

disposed in the following manner:

i) The petitioners are free to file

a representation narrating their grievance

before the government, within one month from

the date of receipt of a copy of this

judgment.

ii) If such a representation is

received, the government will give an

opportunity of hearing to the petitioners and WP(C) Ns. 618 OF 2006 & 21358 of 2010

pass appropriate orders in the representation

in accordance with law.

iii) All the contentions of the

petitioners in these writ petitions are left

open.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) Ns. 618 OF 2006 & 21358 of 2010

APPENDIX OF WP(C) 21358/2010

PETITIONER EXHIBITS

EXHIBIT P1 PHOTOCOPY OF THE MAHATMA GANDHI UNIVERSITY RULES OF ADMISSION OF STUDENTS.

EXHIBIT P2 PHOTOCOPY OF THE ORDER DATED 09/06/2010 INTRODUCING CAP FOR PG COURSES.

EXHIBIT P3 PHOTOCOPY OF THE LETTER DATED 10/06/2010.

EXHIBIT P4 PHOTOCOPY OF REPRESENTATION DATED 17/06/2010.

EXHIBIT P5 PHOTOCOPY OF THE DRAFT PROSPECTUS.

EXHIBIT P6 PHOTOCOPY OF THE ORDER DATED 03/07/2010.

EXHIBIT P7 PHOTOCOPY OF THE PRESS NOTE ENCLOSED BY THE 1ST RESPONDENT.

EXHIBIT P8 PHOTOCOPY OF THE RELEVANT PAGES OF THE MINUTES OF THE ACADEMIC COUNCIL DATED 31/07/2010.

EXHIBIT P9 PHOTOCOPY OF THE REGULATIONS NOTIFIED BY THE 1ST RESPONDENT DATED 23/07/2010.

EXHIBIT P10 PHOTOCOPY OF THE DIRECT PAYMENT AGREEMENT.

RESPONDENT EXHIBITS

EXHIBIT R1(B) TRUE COPY OF THE MESSAGE DATED 10/11/2010 FROM THE PRINCIPAL, MES COLLEGE ERUMELI.

EXHIBIT R1(C) TRUE COPY OF THE MESSAGE DATED 10/11/2010 FROM THE PRINCIPAL, ST. WP(C) Ns. 618 OF 2006 & 21358 of 2010

THOMAS COLLEGE, KOZHENCHERRY.

EXHIBIT R1(D) TRUE COPY OF THE REPORT IN HINDU ONLINE EDITION IN ITS ISSUE DATED 08/11/2010.

EXHIBIT R1(E) TRUE COPY OF THE CHART SHOWING THE SPECIFIC COMPARATIVE DETAILS OF ADMISSION FOR THE PREVIOUS YEARS. WP(C) Ns. 618 OF 2006 & 21358 of 2010

APPENDIX OF WP(C) 618/2006

PETITIONER EXHIBITS

EXHIBIT P1 PHOTOCOPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN WPC 5231/04 DATED 24/03/2004.

EXHIBIT P2 GOVERNMENT ORDER DATED 05/05/2005.

EXHIBIT P3 PHOTOCOPY OF THE PROFORMA DIRECT PAYMENT AGREEMENT EXECUTED BY PETITIONERS 1 & 3.

EXHIBIT P4 PHOTOCOPY OF THE PROFORMA OF DIRECT PAYMENT EXECUTED BY THE 2ND, 4TH AND 5TH PETITIONERS.

EXHIBIT P5 PHOTOCOPY OF THE RELEVANT PORTION OF THE PROSPECTS.

EXHIBIT P6 PHOTOCOPY OF A REPRESENTATION DATED 15/11/2005 FILED BY THE 5TH PETITIONER.

EXHIBIT P7 PHOTOCOPY OF THE GO(RT) NO.

107/2006/H.EDN. DATED 17/01/2006.

EXHIBIT P8 PHOTOCOPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR B.ED ADMISSION 2006.

//TRUE COPY//

PA TO JUDGE