Kerala Self Financing Poly ... vs State Of Kerala
2021 Latest Caselaw 19597 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         Friday, the 17th day of September 2021 / 26th Bhadra, 1943
                         WP(C) NO. 15944 OF 2021(P)
PETITIONER:

  1. KERALA SELF FINANCING POLY TECHNIC MANAGEMENT ASSOCIATION,
     (REPRESENTED BY ITS SECRETARY REV. DR. JOSE KANNAMPUZHA), THE
     CHAIRMAN, AL-AZHAR CAMPUS, PERUMPILLICHIRA P.O., THODUPUZHA-685605.
  2. THE DIRECTOR, ST. MARYS POLYTECHNIC COLLEGE, VADAKKANCHERRY,
     PALAKKAD-678705.

RESPONDENTS:

     1. THE STATE OF KERALA,
        REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
        HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM-695
     001.
     2. THE DIRECTOR OF TECHNICAL EDUCATION, PADMAVILASAM ROAD,
        FORT P.O., TRIVANDRUM- 695 001.
     3. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,
        NELSON MANDELA MARG, VASANT KUNJU, NEW DELHI-110001.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation and implementation of Cl:1(iv) & 9.10 of
Exhibit P2 Prospectus, pending disposal of the Writ Petition.


     This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C)and upon hearing the arguments of
Sri.KURIAN GEORGE KANNANTHANAM, Senior Advocate along with M/s. P.M.SANEER
and TONY GEORGE KANNANTHANAM, Advocates for the petitioners, ADDITIONAL
ADVOCATE GENERAL for R1 and R2 and of STANDING COUNSEL for R3, the court
passed the following:




                                                           p.t.o
      Exhibit P2:- COPY OF THE PROSPECTUS OF ADMISSION TO POLYTECHNIC
COLLEGES 2021-2022 ISSUED BY THE 2ND RESPONDENT.
               P.V.KUNHIKRISHNAN, J
       --------------------------------
           W.P.(C) No.15944 of 2021
        -------------------------------
  Dated this the 17th day of September, 2021


                             O R D E R

Heard the learned Senior counsel,

Adv.Sri.Kurian George Kannanthanam instructed by

Sri.P.M.Saneer appearing for the petitioners, the

learned Additional Advocate General and the

learned Standing counsel appearing for the 3 rd

respondent.

2. The interim relief in this case is for a

stay of operation and implementation of Clause

1(iv) and 9.10 of Ext.P2 prospectus. The learned

Senior counsel submitted that the respondents

have no right to insert such a clause in the

prospectus. The learned Senior counsel also

submitted that this is against the principles

laid down by the Apex Court in T.M.A Pai

Foundation and others v. State of Karnataka

and others [2002 8 SCC 481]. The learned Senior

counsel also relied on paragraph No.40 of the W.P.(C)No.15944/2021

above judgment.

3. The learned Additional Advocate General

takes me through paragraph No.4 of the statement

filed by the 2nd respondent and submitted that this

clause is only to see that the students who are

admitted by the institutions are entered in the

admission portal. On the other hand the learned

Senior counsel again submitted that there was no

such clause in the earlier years. Admittedly, in

this year, there is no agreement entered between the

petitioner and the Government. According to me,

this is a matter to be heard in detail. According

to me, an interim order can be passed.

Therefore, there will be an interim stay of

operation and implementation of Clause 1(iv) and

9.10 of Ext.P2 prospectus. But I make it clear that

the petitioner should strictly follow the Note-2 to

Clause 2.4.3 of Ext.P2.

H/O

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

17-09-2021 /True Copy/ Assistant Registrar