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Vedavyasa Trust vs The State Of Kerala
2022 Latest Caselaw 2117 Ker

Citation : 2022 Latest Caselaw 2117 Ker
Judgement Date : 24 February, 2022

Kerala High Court
Vedavyasa Trust vs The State Of Kerala on 24 February, 2022
W.P.(C) No. 8335 of 2020 & con.cases      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
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 7561 OF 2020
PETITIONERS:

              MALABAR COLLEGE OF ENGINEERING AND TECHONOLOGY,
              REPRESENTED BY ITS CHAIRMAN, PALLUR P.O., DESAMANGALAM,
              WADAKANCHERRY, THRISSUR-679 532.
              BY ADVS.
              S.KRISHNAMOORTHY
              SMT.NITHYA SUGUNAN
              SHRI.JESUDASAN K X


RESPONDENTS:

     1        THE STATE OF KERALA,
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER
              EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695
              001.
     2        APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
              REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
              THIRUVANANTHAPURAM-695 016.
     3        CONTROLLER OF EXAMINATIONS, APJ ABDUL KALAM TECHNOLOGICAL
              UNIVERSITY,
              CET CAMPUS, THIRUVANANTHAPURAM-695 016.
              BY ADVS. SRI.ELVIN PETER P.J., STANDING COUNSEL FOR R2 &
              R3
              SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022,    ALONG   WITH   WP(C).8335/2020,   8305/2020   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases      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
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 8305 OF 2020
PETITIONERS:

     1       KERALA SELF-FINANCING ENGINEERING COLLEGE MANAGEMENTS'
             ASSOCIATION
             REP BY ITS SECRETARY A.M. KHARIM, REGISTRATION NO ER
             804/2003, VIKAS NAGAR, NH BYE-PASS,KUNDANOOR,
             MARADU P.O.KOCHI-682 304.
     2       MES INSTITUTE OF TECHNOLOGY AND MANAGEMENT,
             REP BY PRINCIPAL, CHATHANNOOR P.O., KOLLAM, KERALA-691
             572.
             BY ADVS.
             S.KRISHNAMOORTHY
             SMT.NITHYA SUGUNAN
             SHRI.JESUDASAN K X
RESPONDENTS:


     1       THE STATE OF KERALA
             REP BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION
             DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
     2       APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
             REP BY ITS REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM-695
             016.
     3       CONTROLLER OF EXAMINATIONS,
             APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,CET CAMPUS,
             THIRUVANANTHAPURAM-695 016.
 W.P.(C) No. 8335 of 2020 & con.cases   3


             BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2
             SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases      4




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                          &
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 8335 OF 2020
PETITIONERS:

     1       THE KERALA CATHOLIC ENGINEERING COLLEGE
             MANAGEMENTS ASSOCIATION, REPRESENTED BY ITS SECRETARY,
             RAJAGIRI VALLEY P.O., COCHIN - 682 039
     2       THE DIRECTOR, RAJAGIRI SCHOOL OF ENGINEERING AND
             TECHNOLOGY, COCHIN - 682 039
     3       THE CHAIRMAN,
             DIOCESAN TECHNICAL EDUCATION TRUST, PALA,
             (MANAGER, ST. JOSEPHS COLLEGE OF ENGINEERING AND
             TECHNOLOGY, PALA
     4       THE MANAGER,
             AMAL JYOTHI COLLEGE OF ENGINEERING, KOOVAPPALLY,
             KANJIRAPPALLY- 680 518
             BY ADVS.
             KURIAN GEORGE KANNANTHANAM (SR.)
             SRI.TONY GEORGE KANNANTHANAM
             SRI.THOMAS GEORGE


RESPONDENTS:

     1       APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
             REPRESENTED BY ITS REGISTRAR,
             CET CAMPUS, THIRUVNANTHAPURAM- 695 016.
     2       THE REGISTRAR,
             APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
             THIRUVNANTHAPURAM- 695 016.
 W.P.(C) No. 8335 of 2020 & con.cases   5




             BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR
             RESPONDNETS


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases      6




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                          &
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 8364 OF 2020
PETITIONER:

              THE COLLEGE OF ENGINEERING AND TECHNOLOGY
              PAYYANNUR, KAITHAPRAM, MATHAMANGALAM P.O., KANNUR,
              PIN-670 306, REPRESENTED BY ITS CHAIRMAN K.K.RAJENDRAN.
              BY ADV T.K.VIPINDAS


RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER
              EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695 001.
     2        THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
              REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
              THIRUVANANTHAPURAM, PIN-695 016.
     3        THE CONTROLLER OF EXAMINATIONS,
              APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
              THIRUVANANTHAPURAM, PIN-695 016.
              BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
              R3
              SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases      7




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                          &
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 8542 OF 2020
PETITIONER:

              INDIRA CHARITABLE TRUST
              REP BY ITS CHAIRMAN DR BIJU RAMESH, RAJADHANI HILLS,
              NEDUMPARAMBU.P.O, NAGAROOR, ATTINGAL, PIN-695602
              BY ADVS.
              S.KRISHNAMOORTHY
              SMT.NITHYA SUGUNAN
              SHRI.JESUDASAN K X


RESPONDENTS:

     1        THE STATE OF KERALA
              REP BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION
              DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM-695001
     2        APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
              REP BY ITS REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM-
              695016
     3        CONTROLLER OF EXAMINATIONS
              APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY CET CAMPUS,
              THIRUVANANTHAPURAM-695016
              BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
              R3
              SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases      8




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                          &
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 8899 OF 2020
PETITIONER:

              THE EXECUTIVE DIRECTOR
              VIDYA INTERNATIONAL CHARITABLE TRUST, VIDYA CAMPUS,
              KUNNUKUZHY, THALAKKOTTUKARA, TRICHUR-680501
              BY ADVS.
              KURIAN GEORGE KANNANTHANAM (SR.)
              SRI.TONY GEORGE KANNANTHANAM
              SRI.THOMAS GEORGE


RESPONDENTS:

     1        APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
              REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
              THIRUVANANTHAPURAM-695016
     2        THE REGISTRAR
              APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
              THIRUVANANTHAPURAM-695016
              BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR
              RESPONDENTS


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases      9




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                          &
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 9247 OF 2020
PETITIONER:

              THE DIRECTOR
              PROVIDENCE COLLEGE OF ENGINEERING, VATTAMALA, ANGADICKAL,
              CHENGANNOOR, ALAPPUZHA-689122.
              BY ADV P.M.SANEER


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
              HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695001.
     2        APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
              REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
              THIRUVANANTHAPURAM-695016.
     3        THE REGISTRAR,
              APL ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
              THIRUVANANTHAPURAM-695016.
              BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
              R3
              SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases      10




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                          &
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 9151 OF 2020
PETITIONERS:

             THE PRINCIPAL,
             HEERA COLLEGE OF ENGINEERING AND TECHNOLOGY, PANAVOOR,
             NEDUMANGAD, THIRUVANANTHAPURAM-695568.
             BY ADV P.M.SANEER


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
             HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM-695001.
     2       APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
             REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
             THIRUVANANTHAPURAM-695016.
     3       THE REGISTRAR,
             APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
             THIRUVANANTHAPURAM-695016.
             BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
             R3
             SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases      11




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                          &
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 9342 OF 2020
PETITIONERS:

             VEDAVYASA TRUST,
             REP.BY ITS CHAIRMAN, BHAJANA KOVIL ROAD, CHALAPPURAM,
             CALICUT-673002.
             BY ADVS.
             S.KRISHNAMOORTHY
             SMT.NITHYA SUGUNAN
             SHRI.JESUDASAN K X


RESPONDENTS:

     1       THE STATE OF KERALA
             REP. BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION
             DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2       APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
             REP. BY THE REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM-
             695016.
     3       THE VICE CHANCELLOR,
             APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
             THIRUVANANTHAPURAM-695016.
             BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
             R3
             SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases      12




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                          &
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 9340 OF 2020
PETITIONERS:

     1       KERALA SELF - FINANCING ENGINEERING COLLEGE MANAGEMENTS
             ASSOCIATION
             REP. BY ITS SECRETARY A.M.KHARIM, REGISTRATION
             NO.ER804/2003, VIKAS NAGAR, NH BYE-PASS, KUNDANOOR,
             MARADU P.O., KOCHI-682304.
     2       ST.THOMAS EDUCATIONAL SOCIETY,
             SUITE NO.30/663 ADOOR TOWER, ADOOR-691523.
     3       ROYAL COLLEGE OF ENGINEERING AND TECHNOLOGY,
             REP. BY K.M.HAIDER ALI, AKKIKAVU, THRISSUR.
     4       SCHOOL OF COMMUNICATION AND MANAGEMENT STUDIES (SCMS),
             PRATHAP NAGAR, NH47, MUTTOM, COCHIN-683106.
             BY ADVS.
             S.KRISHNAMOORTHY
             SMT.NITHYA SUGUNAN
             SHRI.JESUDASAN K X


RESPONDENTS:

     1       THE STATE OF KERALA
             REP. BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION
             DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2       APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
             REP. BY ITS REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM-
             695016.
     3       THE VICE CHANCELLOR,
             APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
 W.P.(C) No. 8335 of 2020 & con.cases   13


             THIRUVANANTHAPURAM-695016.
             BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
             R3
             SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases      14




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                          &
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 9999 OF 2020
PETITIONERS:

             AHALIA SCHOOL OF ENGINEERING AND TECHNOLOGY
             AHALIA HEALTH HERITAGES AND KNOWLEDGE, AHALIA CAMPUS,
             KOZHIPPARA P.O., 678 557, PALAKKAD DISTRICT, REPRESENTED
             BY A.G.AJITH PRASAD, TRUSTEE, AHALIA INTERNATIONAL
             FOUNDATION.
             BY ADVS.
             GEORGE POONTHOTTAM (SR.)
             SMT.NISHA GEORGE


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
             HIGHER EDUCATION, GOVERNMENT SECRETARIAT,
             THIRUVANTHAPURAM - 695 001.
     2       APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
             CIT CAMPUS, ALATHARA ROAD, AMBADY NAGAR,
             THIRUVANANTHAPURAM - 695 016, REPRESENTED BY THE
             REGISTRAR.
             BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2
             SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases      15



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                          &
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 10084 OF 2020
PETITIONERS:
     1     NEHRU COLLEGE OF ENGINEERING AND RESEARCH CENTRE (NCERC)
           NILA GARDENS, PAMPADY, THIRUVILWAMALA, THRISSUR DISTRICT,
           KERALA STATE - 680 588,REPRESENTED BY THE PRINCIPAL.
     2     JAWAHARLAL COLLEGE OF ENGINEERING AND TECHNOLOGY (JCET)
           JAWAHAR GARDENS, LAKKIDI, MANGALAM, OTTAPPALAM, PALAKKAD
           DISTRICT, KERALA STATE - 679301, REPRESENTED BY THE
           PRINCIPAL.
           BY ADV GEORGE JACOB (JOSE)
RESPONDENTS:

     1       APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
             CET CAMPUS, THIRUVANANTHAPURAM, KERALA STATE - 695 016,
             REPRESENTED BY ITS REGISTRAR.
     2       THE VICE CHANCELLOR
             APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
             THIRUVANANTHAPURAM, KERALA STATE - 695 016.
     3       THE CONTROLLER OF EXAMINATIONS
             APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
             THIRUVANANTHAPURAM, KERALA STATE - 695 016.
     4       THE STATE OF KERALA
             HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, KERALA STATE - 695 001.
             BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2
             SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases                                                   16




                                                                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                                                                    PRESENT
                                                                THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                                                                       &
                                                                   THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
                           THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                                                                            WP(C) NO. 10919 OF 2020
PETITIONERS:

                                                                THE SECRETARY,
                                                                SREEPATHY INSTITUTE OF MANAGEMENT AND TECHNOLOGY,
                                                                VAVANOOR, KOOTANAD, PALAKKAD-679 533.
                                                                BY ADV P.M.SANEER


RESPONDENTS:

                             1                                  STATE OF KERALA
                                                                REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
                                                                HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
                                                                THIRUVANANTHAPURAM-695 001.
                             2                                  APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
                                                                REPRESENTED BY ITS REGISTRAR, CET CAMPUS ,
                                                                THIRUVANANTHAPURAM-695 016.
                             3                                  THE REGISTRAR,
                                                                APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS ,
                                                                THIRUVANANTHAPURAM-695 016.
BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 SRI.TEK
                                                                BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2
                                                                SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
CHAND, SENIOR GOVERNEMNT PLEADER FOR R1




                              THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases      17




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                          &
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                           WP(C) NO. 34396 OF 2017
PETITIONERS:


             FATHIMA MEMORIAL EDUCATIONAL TRUST
             PALLIMUKKU, VADAKKEVILA, KOLLAM,REPRESENTED BY ITS
             SECRETARY,DHAREEFA BEEVI.
             BY ADVS.
             SRI.M.R.ANISON
             SMT.K.P.GEETHA MANI
RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT,HIGHER
             EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM -
             695 001.
     2       APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
             CET CAMPUS, THIRUVANANTHAPURAM - 695 016,REPRESENTED BY
             ITS REGISTRAR.
     3       THE CONTROLLER OF EXAMINATION
             APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,CET CAMPUS,
             THIRUVANANTHAPURAM - 695 016.
             BY ADVS. SRI.ELVIN PETER P.J.,STANDING COUNSEL FOR R2 &
             R3
             SRI.TEK CHAND, SENIOR GOVERNEMNT PLEADER FOR R1
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, ALONG WITH WP(C).7561/2020 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 8335 of 2020 & con.cases        18




                                      JUDGMENT

SHAJI P.CHALY,J.

Captioned writ petitions are materially connected with respect to the affiliation

fee enhanced, as well as the financial guarantee imposed on Self Financing

Engineering Colleges by the APJ Abdul Kalam Technological University as per Exhibit

P5 notification dated 13.2.2019, & Exhibit P11 notification dated 12.3.2020, whereby

the Self Financing Institutions were directed to remit amounts towards the financial

guarantee at the rate mentioned in the fee schedule and time schedule respectively.

2. As per notification dated 28.03.2016, the University invited applications for

affiliation of existing and new technical institutions within the State, which conducts

Undergraduate and Postgraduate degrees in Engineering and Technology for the

academic year 2015-2016, along with the application for affiliation of other courses

offered by the colleges. However the University has issued a notification

dated12.03.2020 for affiliation of existing and new technical institutions of the State,

which conduct Undergraduate and Postgraduate programmes in Engineering and

Technology and other courses for the academic year 2020-2021. The fee details in the

notification dated 28.03.2016 for the academic year 2016- 2017 are as hereunder:

" Fee Details

Fee to be remitted at the time of submitting application* :Rs.1,00,000/-

(include Application processing fee, inspection fee etc.) for New Institutions.

      Fine for late submission                                                      Rs.50,000/-

      Financial Guarantee **                                                        Rs.25 Lakhs

(Refundable Security Deposit towards guarantee to comply with instructions of the University regarding affiliation for New Institutes)

Annual affiliation fee** a. For New Institutes

UG Programme : Rs. 10 Lakhs PG Programme : Rs. 5 Lakhs UG + PG Programmes : Rs. 12 Lakhs b. For Existing Institutes affiliated to KTU.

Since the existing colleges have to continue with other universities also, KTU will collect affiliation fee as given below for the academic year 2016-17. Institutions offers only UG program :Rs 5 Lakhs Institutions offers only PG program : Rs 5 Lakhs Institute offers UG & PG programes : Rs 7 Lakhs

*Government Colleges need not pay any fee, ** Government/ Government Aided Colleges need not pay any fee)

Registrar "

W.P.(C) No. 8335 of 2020 & con.cases 20

The fee schedule as per the notification dated 13.02.2019 disputed by the petitioners for the academic year 2019-2020 are as hereunder:

Schedule

Start Date of Online Application 13.02.2019

Last Date of submission of Online 28.02.2019 Application

Last Date of submission with Fine 05.03.2019

Fee Details

Fee to be remitted at the time of Rs.1,00,000/for New Institutions only submitting application (Include Application processing Inspection fee etc.)

Fine for late submission Rs.50,000/-

      Financial Guarantee **                      Rs.25 Lakhs

    Annual affiliation fee**

      UG Programme                                Rs.10 Lakhs

      PG Programme                                Rs.5 Lakhs

      UG + PG Programmes                          Rs.12 Lakhs

[Government Institutions need not pay any fee, ** Government/ Government Aided Institutions need not pay any fee)

3. Likewise the fee details prescribed under the notification dated 12.03. 2020

for the academic year 2020-2021 disputed by the petitioners are as hereunder:

Schedule

Start Date of Online Application 12/03/2020 Last Date of submission of Online 25/03/2020 Application Last Date of submission with Fine 04/01/2020

Fee Details

Fee to be remitted at the time of Rs.1,00,000 for New Institutions submission of application only (include Application processing fee, inspection fee etc.) Fine for late submission Rs.50,000/-

Financial Guarantee* Rs.25 Lakhs

[Government institutions need not pay any fee]

[18% GST is applicable to all fee]

Annual Affiliation fee to be paid and the date of remittance for the AY 2020-21 will be intimated shortly. The application for affiliation of the institutions for the AY 2020-21 will be processed only after the payment of affiliation fee for the AY 2019-20 and other fines or pending fee, if any."

4. The paramount contentions advanced by the writ petitioners are that the

University, especially without a statute in force, is not competent to demand annual

affiliation fee or financial guarantee from Self Financing Colleges; that fixing and

demanding annual affiliation fee and financial guarantee from Self Financing Colleges

is discriminatory and violative of Article 14 of the Constitution of India and further

that, the demand of affiliation fee and performance guarantee, is violative of

petitioners' right guaranteed under Article 19(1)(g) of the Constitution of India and

that the decision of the Syndicate cannot amount to a law as contemplated under

Article 19(1)(g) of the Constitution of India. That apart, it is pointed out that

demanding the impugned fees and financial guarantee tantamount to deprivation of

the constitutional rights available to the writ petitioners under Article 300A of the

Constitution of India.

5. In view of common questions arising in the writ petitions, separate narration

of facts are not required. Anyhow, in some of the writ petitions, it is also submitted

that before formation of the APJ Abdul Kalam Technological University, the Self

Financing Institutions were affiliated to various universities in Kerala, and therefore, it

is contended that nominal amounts were only provided as affiliation fee as fixed by

the respective university statutes, but while taking over of the technical institutions by

the present technological university , the Self Financing Institutions are coerced to pay

exorbitant affiliation fees to the new University and since no statute is framed by the

State Government, the University has no power to impose affiliation fee, as well as to

demand financial guarantee.

6. University has filed separate counter affidavits in the writ petitions refuting

the allegations and claims and demands raised by the writ petitioners specifically, W.P.(C) No. 8335 of 2020 & con.cases 23

especially for the reason that the affiliation fee structure differs from institution to

institution. Inter alia among other contentions it is submitted that the State

Government as per Ordinance No.28/2017, amended the A.P.J. Abdul Kalam

Technological University Act, 2015, hereinafter called, "Act, 2015" and as per the said

amendment, the Executive Committee constituted under section 27 is renamed as

'Syndicate'. It is also pointed out that section 30 of the Act provides for the powers,

functions and duties of the Syndicate; that section 30(VIII) of the Act empowers the

Syndicate to fix the fees payable to the University and to demand and receive such

fees. So also Chapter 8 of the Act, 2015 containing sections 60 to 66 relates to the

affiliation of colleges to the University; that sub-section (2) of section 60 casts a

mandatory obligation on the educational agency to furnish an undertaking that it shall

comply with the provisions of the Act, Rules, Statute Ordinances, Regulations,

Standing orders and directions of the University.

7. Therefore, according to the University, the above provisions contained under

Act, 2015 make it clear that the University is conferred with the power to fix and

collect the fee payable to the University and further that the Syndicate of the

University is empowered to fix the fees that is payable to the University. That apart it

is stated that the academic auditing is a novel feature introduced by the University to

monitor teaching and learning process, and the process of academic auditing intends W.P.(C) No. 8335 of 2020 & con.cases 24

to monitor the enhanced quality of technical education through proper guidelines for

both teaching faculty and students, so as to ensure qualified Engineers/Researchers

passing out from the Engineering Colleges affiliated to the University.

8. Therefore, for proper functioning of the academics in an educational

institution and to quantify the efforts dispensed by the faculty and students, some

assessment components have been designed, which includes the assessment of

course delivery as per the curriculum and syllabus of KTU, the co-curricular & extra

curricular activities of students, overall discipline &. academic functioning of the

institution, delivery of the duties and responsibilities of the faculty members &

monitoring of the class, progress of courses, internal assessment, student welfare and

grievances. The manner, method and modalities adopted by the University in order to

ensure proper functioning of the educational institutions affiliated to it are

programmed by the University. It is also pointed out that steps are taken from time to

time for consistently improving the quality and record of ensuring time bound

completion of University activities by maintaining a very efficient data base and it is

also submitted that the University is solely working on a digital platform initiative, and

distinct and software driven.

9. Therefore, the sum and substance of the contentions advanced by the

University is that the Government colleges, Government Aided Private Colleges and

Government Controlled Self Financing Colleges are exempted from the payment of

affiliation fee and in the case of Government Colleges, Government Aided Private

Colleges and Government Controlled Self Financing Colleges, the Government has

invested huge amount of public money. It is therefore pointed out that the above

three classes of colleges cannot be equated to a Self Financing College since both are

different and distinct class of institutions.

10. That apart it is submitted that the fee structure and allotment of seats in

Kerala Self Financing Engineering Colleges were re-fixed by the Government as per

Exhibit R2(b) order dated 11.6.2019 and on a perusal of the same, it would show that

there is a substantial difference in the quantum of fees collected by the Self Financing

Engineering Colleges and the fees collected by Government Engineering Colleges.

Accordingly, in order to compensate for the above, the Government is providing non-

plan grants to the University every year.

11. Therefore, the contentions raised by the writ petitioners that directing the

Self Financing Engineering Colleges alone to pay the affiliation fee and non collection

of such fee from the Government Engineering Colleges, Government Aided Private

Colleges and Government Controlled Self Financing Colleges is illegal, are completely

untenable and misconceived because both classes of institutions are not

homogeneous but forms a distinct and separate class and there is an intelligible

differentia in the objects sought to be achieved.

12. That apart it is contended that the University is collecting affiliation fee right

from its inception from the Self Financing Engineering College, evident from Exhibits

R2(c), R2(d), R2(e) and R2(f) for the academic years 2015-2016, 2016-2017, 2017-

2018 and 2018-2019 respectively. It is submitted that all the colleges including the

writ petitioners, paid the affiliation fee.

13. Matters being so, the Board of Governors of the University appointed a

committee of 3 members to conduct a study and submit the recommendations for

revising affiliation fee charged from various affiliated colleges under the University,

evident from Exhibit R2(g) dated 7.7.2018. Pursuant to the same, the 3 member

committee, after conducting a detailed study, submitted Exhibit R2(b) report dated

20.4.2019. As per Exhibit R2(b), the sub-committee unanimously recommended that

the collection of fees for affiliation shall be in two components. One component shall

be uniform for all colleges irrespective of the student strength and the second

component is based on student strength (sanctioned strength). It is submitted that

Exhibit R2(h) report of the sub-committee was considered by the Syndicate in its 5 th

meeting held on 14.5.2019 and the Syndicate accepted the report of the sub

committee with a modification to fix upper ceiling of Rs.15 lakhs as affiliation fee for

the academic year 2019-2020.

14. Therefore, as per the above decision, all Self Financing Institutions are to

remit the annual affiliation fee, which consists of a variable component of Rs.2,000/-

per seat for the sanctioned intake for first year and fixed an amount of Rs.3 lakhs for

Undergraduate programmes and Rs.1.5 lakhs for those colleges having PG

programmes. However, it was decided that, if the total amount exceeds Rs.15 lakhs

for some colleges having more programmes, then an upper ceiling limit of Rs.15 lakhs

is provided. The said decision of the Syndicate was considered in the 10th meeting of

the Board of Governors held on 17.8.2019. It is submitted that in the above meeting

of Board of Governors, representatives of the management of Private Self Financing

Colleges, who were also members of the Board of Governors, requested to reconsider

the decision of the Syndicate.

15. Accordingly, the 10th meeting of the Board of Governors, as per Exhibit

R2(i) minutes dated 17 th August 2019, empowered the Syndicate to take appropriate

decisions for fixing the affiliation fee of the institutions for the academic year 2019-

2020. Pursuant to Exhibit R2(i), the 10th meeting of the Syndicate of the University as

per Exhibit R2 (j) was held on 29.11.2019 and after considering the affiliation fee that

was being collected for the last four academic years, finally fixed the affiliation fee

payable by the Self Financing Engineering Colleges. As per the above decision, all

affiliated institutions are to remit the annual affiliation fee, which consists of a variable W.P.(C) No. 8335 of 2020 & con.cases 28

component of Rs.2,000/- for the sanctioned intake for first year and fixed an amount

of Rs.2 lakhs for Undergraduate programmes and Rs.1.5 lakhs for those colleges

having PG programmes. Therein also, upper ceiling of Rs.15 lakhs was fixed, evident

from Exhibit R2(j) dated 29.11.2019. The Syndicate also decided to give a timeline for

remitting the affiliation fee without fine up to 29.2.2020 and upto 15.3.2022 with a

fine of Rs.50,000/-. Therefore, it is submitted that it is clear that the affiliation fee

collected by the University from the Self Financing Colleges is after conducting an in-

depth study into the issue and considering the expenses incurred by the University

with respect to each course conducted by each college affiliated to it and the

administrative & other academic expenses incurred by the University like fixation of

the syllabus by Board of Studies, revising the syllabus, conducting examinations,

revaluation and other incidental expenses incurred to the University.

16. That apart, it is pointed out that even though the Self Financing Institutions

raised illegality in the matter of fees charged per student on the basis of the total

intake, it has no factual or legal basis since the decline in intake will not reduce the

discharge of physical, technical and financial duties and responsibilities of the

University. Therefore, according to the University, linking the number of students

admitted to the petitioner colleges and affiliation fee fixed by the University, cannot be

acceded to. Other contentions are also raised.

17. The University has also produced additional documents in the writ petitions.

Exhibit R2(k) dated 15.12.2020 is the ratification of the resolution of the Syndicate,

fixing the affiliation fee for the academic year 2019-2020 and it was found that though

the above decisions of the Syndicate and Board of Governors were communicated to

all the affiliated colleges, it has come to the notice that formal orders were not issued

in accordance with the decisions of the Syndicate and Board of Governors and

accordingly, orders were issued exercising the powers conferred under sub-section (6)

of section 14 of the Act, 2015 to ratify the affiliation fees and other fees payable by

the institutions seeking affiliation to the University and institutions already affiliated to

the University for the academic year 2019-2020 in accordance with the decisions of

the Syndicate and Board of Governors, which reads as follows:

" The Chapter 6 of the First Statutes of the University issued by the Government dated 05.08.2020 vide paper read (7) above, pertains to matters related to affiliation of Engineering Colleges. The Statutes do not refer to the rate of affiliation fee and other fee payable to the University. Therefore, the University and Syndicate of the University are empowered to fix the affiliation fee and other fee payable by the Engineering Colleges for affiliation to the University.

Section 14 of the A.P.J. Abdul Kalam Technological University Act, 2015, provides for powers of the Vice Chancellor, Sub Section (6) of Section 14 provides that where any matter is required to be regulated by the Statutes or Regulations but no Statutes or Regulations have been made in that W.P.(C) No. 8335 of 2020 & con.cases 30

behalf, the Vice Chancellor shall for the time being, regulate the matter by issuing such directions as the Vice Chancellor thinks necessary, and shall, as soon as may be, submit them before the Board of Governors or other authority or body concerned for approval.

Accordingly, Orders are hereby issued under Sub Section (6) of Section 14 of the A.P.J. Abdul Kalam Technological University Act, 2015, ratifying the fixation of the affiliation fees and other fees payable by the Institutions seeking affiliation to the University and Institutions already affiliated to the University for the Academic Year 2019-20 in accordance with the decisions of the Syndicate and Board of Governors".

18. We have heard, learned Senior counsel Sri.Kurian George Kannanthanam,

& Sri.S.Krishnamoorthy appearing for the writ petitioners, Sri.Elvin Peter P.J. for the

University and perused the pleadings and materials on record.

19. It is quite clear and evident that the 10 th meeting of the Syndicate held on

29.11.2019 evaluated the issue with respect to the affiliation fee from the year 2018-

2019 and other aspects. It is also evident from the said meeting of the Syndicate that

an amount of Rs.9,82,69,170/- is remaining as revenue loss to the University due to

non-payment of the affiliation fees to be paid by the Self Financing Colleges upto the

year 2020-2021. Anyhow, due to the persistent request made by Self Financing

Institutions, a meeting was convened by the University with the representatives of the

management held on 4.6.2021, which is produced as Exhibit R2(m) and after

deliberating with the students and issues pointed out by the management, the

following recommendations were made:

"Recommendations

1. The Affiliation fee for the AY 2019-20 cannot be revisited due to legal problems since the fee was already approved by both Syndicate and Board of Governors and also 50% of the Colleges remitted the fee. Recommended the Syndicate to consider to grant exemption in fine over the delay in the remittance of affiliation fee for the AY 2019-20 and to permit the Colleges to remit the affiliation fee for the AY 2019-20 in installments.

2.Recommended the Syndicate to consider to grant maximum relaxation / concession to colleges in the affiliation fee for the AY 2020-21 which was not approved by the Board of Governors. Because the outbreak of Covid'19 pandemic from 2020 and its second wave in 2021, severely affected all the sectors, particularly education sector.

3. A number of colleges surrendered their old courses for getting affiliation for new generation courses in 2020-21 were not granted affiliation for new generation courses but also lost their old courses in 2020-21. Recommended the Syndicate to consider the re-instatement of surrendered courses in the AY 2020-21 by the Colleges for getting new generation courses on the basis of EoA of AICTE and new criteria cannot be imposed while reinstating the surrendered courses. ... "

20. Later on 4.11.2021, the University has issued an erratum order due to

certain clerical errors that have crept in while approving the affiliation fee for the

academic year 2019-2020, which reads thus:

" APJ Abdul Kalam Technological University Thiruvananthapuram Abstract APJAKTU Affiliation fee for the Academic Year 2019-20 -Erratum Orders issued.

____________________________________________________________ ADMINISTRATION UO NO. 1818/2021/KTU Thiruvananthapuram, Dated: 04.11.21 ___________________________________________________________

Read: 1. Resolution of the BOG held on 07/12/2019 in item No.GB-011- 004

2. U.0 No. 1758/2021/KTU dated 15/12/2021

3. U.0. No. 203/2021/KTU dated 30/01/2021

4.U.0. No. 209/2021/KTU dated 30/01/2021

ORDER Vide paper read (1) above, the Board of Governors approved the affiliation fee for the Academic Year 2019-20 as Rs. 2 Lakh for UG programmes and Rs.1.50 Lakh for PG programmes and Rs.2000/- per student for the sanctioned intake, limited to a maximum amount of Rs.15 Lakh by the institution. But in the UO read as (2) above, issued in compliance with this Resolution, the affiliation fee was erroneously shown as Rs.2 Lakh for one UG programme and Rs.1.50 Lakh for one PG programme and fee payable by one student admitted for the UG/PG programme as Rs.2000/- for first year. Similarly, the term Programme was inadvertently changed as course in the UO read paper (3) above and the same also used in the UO read paper (4) above.

Having considered the above, sanction has been accorded by the Vice

Chancellor to make necessary corrections in the above UOs pertaining to the affiliation fee for the Academic Year 2019-20 as detailed below.

1. Affiliation fee for UG programmes in the Engineering College: Rs. 2,00,000/- (Except Government Colleges and Government Aided Colleges)

2. Affiliation fee for PG programmes in the Engineering College: Rs. 1,50,000/- (Except Government Colleges and Government Aided Colleges)

3. Fee payable per student for the sanctioned intake for the UG/PG programme for first year Rs.2,000/- (Except students of Government Colleges and Government Aided Colleges)

4. The total amount payable, calculated as per 1,2,3 above, if exceeds Rs.15,00,000, is limited to Rs.15,00,000/

The UOs read (2) to (4) above, stands modified to the above extent.

Orders are issued accordingly.

Sd/-

                                                           Dr.A.Praveen
                                                              Registrar     "



21.          Therefore, the stand adopted by the University                 is that the demands

raised by the University was on the basis of appropriate decisions taken by the

Syndicate as well as Board of Governors. Even though, a mistake was crept in while

fixing the fee for the academic year 2019-2020, the said error was rectified by issuing

the erratum notification and accordingly, it is submitted that there is no illegality or

arbitrariness on the part of the University in directing the Self Financing Engineering

Colleges to pay the affiliation fees and provide financial guarantee.

W.P.(C) No. 8335 of 2020 & con.cases 34

22. Apparently, on the basis of the meeting of the Syndicate with the

representatives of Self Financing Institutions, an understanding was entered into and

on the basis of the recommendations extracted above, all the Self Financing

Institutions have paid the affiliation fee for the academic year 2020-2021 and

therefore, according to the University, since the decision was taken reducing the

affiliation fee for the years 2020-2021, the Self Financing Institutions are bound to pay

affiliation fee for the year 2019-2020 as demanded. The issue with respect to financial

guarantee was a subject matter of the special meeting of the Syndicate dated

22.6.2021 and as per an order dated 2.7.2021, the University has passed a

consolidated order, which read thus:

"

APJ Abdul Kalam Technological University

Thiruvananthapuram Abstract

Affiliation Process 2021-22 - Affiliation Fee from the Academic Year 2019- 20 to 2021-22 and Financial Guarantee - Resolution of the Special meeting of the Syndicate held on 22.06.2021 vide Item No.1 (2) - Implemented - Orders issued.

_________________________________________________________________ ADMINISTRATION U.O.No. 1031/2021/KTU Thiruvananthapuram, Dated: 02.07.2021 __________________________________________________________________ Read:-1. Resolution of the Special meeting of the Syndicate held on 22.6.2021 vide item No.1(2) (2) U.O. No.1010/2021/KTU dated 29.06.2021

ORDER

Vide the paper read (1) above, the Syndicate at its special meeting held on 22.06.2021 has considered the recommendations of the Syndicate Standing Committee on Affiliation with regard to Affiliation fee from the Academic Year 2019-20 to 2021-22 and Financial Guarantee 'to be paid by the Colleges. The Syndicate vide item No.1 (1), has resolved to approve the following affiliation fee for the academic year 2020-21 and 2021-22. Also resolved to approve the proposal for payment of affiliation fee for the year 2019-20 and financial guarantee.

A. For the academic year 2020-21 and 2021-22.

The affiliation fee to be paid by the institutions

Sl.No. Course Amount i Each UG course Rs.50000 per year ii Each MBA and MCA course Rs.50000 per year iii Each PG course except MBA and MCA Rs.30000 per year Maximum affiliation fee to be paid by each institution shall be 15 lakhs.

The student affiliation fee to be paid to the University by each student for the entire course

Sl.No. Category of students Amount i UG student Rs. 750/-

      ii       PG student                                           Rs. 1000/-
      iii      Ph.D Scholar                                         Rs. 1500/-


B. For the academic year 2019-20, 55 institutions have not yet paid the affiliation fee due the pending cases on affiliation fee before the Hon. High Court of Kerala. As the payment of affiliation fee is mandatory for the affiliation renewal process, the meeting held with the representatives of the Associations of Private Self-Financing Engineering College Managements on 04.06.2021 at the University decided that the institutions shall pay already fixed affiliation fee within six months from the Vdate of issue of this notification. Considering the economic hardship faced during the COVID pandemic period, the institutions are exempted from paying the fine. However, non-payment of affiliation fee within the notified period would result in disabling of online support services offered by the University to the said institutions.

C The last date for remitting the Affiliation Fee for AY 2019-20 and AY 2020-21 is 22-12-2021.

D The last date for remitting the Affiliation Fee for AY 2021-22 is 31-07-2021

E. Financial Guarantee :

Resolved to collect fixed financial guarantee of Rs. 25 lakhs from all institutions seeking affiliation to AKTU. This is in accordance with the details mentioned in the section 32.2. of UGC Regulations 2009 (Affiliation of Colleges by Universities) that all the affiliating institutions need to produce evidence of creating and maintaining a corpus fund permanently in the name of the college by way of irrevocable Government Securities of 35 lakh per progr amme or as

prescribed by the relevant statutory/Regulatory body.

Sanction is accorded by the Vice-Chancellor to implement the Resolution of the Special meeting of the Syndicate held on 22.06.2021 vide item No. 1 (2). The Resolution of the Special meeting of the Syndicate vide item No.1 (2) is therefore, implemented.

The U.O. read paper (2) stands cancelled.

Orders are issued accordingly.

Sd/-

Dr. A. Praveen * Registrar

23. However, even though the University in its communication insisted for

deposit of the financial guarantee amount in the order dated 2.7.2021 extracted

above, the University has resolved to collect the financial guarantee of Rs.25 lakhs

from all institutions seeking affiliation or affiliated to the University. Learned Standing

Counsel for the University relying upon the said resolution submitted that the

University will abide by the regulations of the University Grants Commission 2009 in

the matter of the financial guarantee. Regulation 3 of the Regulations 2009 reads

thus:

"3.2.The College, if not run by the State Government,

3.2.12 Shall be managed by a duly constituted and registered Society or Trust

3.2.2 shall satisfy the University that adequate financial provision is available for

running the college for at least three years without any aid from any external source.

In particular, it shall produce evidence of creating and maintaining a corpus fund

permanently in the name of the college by way of irrevocable Government Securities

of Rs.15 lakhs per programme, if the college proposes to conduct programme only in

arts Science and Commerce, Rs.35 lakh per programme or as prescribed by the

relevant Statutory or Regulatory body, if it proposes to offer professional

programmes, or FDRs for like amounts jointly held by the college and the University

for a minimum locking period of three years. The interest accrued out of it may be

utilized by the College with the prior permission of the University for strengthening

its infrastructure facilities;"

24. Therefore, it can be seen that clear parameters are fixed by the University

Grants Commission in the matter of financial guarantee and since the University has

agreed to abide by the same, we do not propose to delve deep into the issue of

financial guarantee. But fact remains, though the UGC Regulations specify an amount

of Rs.35 lakhs per programme, the University in its orders has only sought for financial

guarantee for an amount of Rs.25 lakhs.

25. Learned Senior Counsel Sri.Kurian George Kannanthanam, in that regard

has invited our attention to the University Grants Commission Regulations - 2014

dated 28th February, 2014, which according to him, has come into force with

immediate effect, which is disputed by the Standing Counsel for the University.

Anyhow, as per the said regulation, the fund position of the applicant colleges in the

form of FDRs and bank accounts in nationalised bank or scheduled commercial banks

recognized by Reserve Bank of India, shall be as follows:

"2.2.2.5 The fund position of the applicant college in the form of FDRs* and bank accounts in

nationalised bank or scheduled commercial banks recognised by Reserve Bank of India shall be as

under on the date of scrutiny.

                 Programme        proposed     Total            Total FDRS (Rs,
                 (Degree and Post Graduate     minimum          in lakhs) in the
                 Degree)                       funds            name            of
                                               required (Rs.    institution as a
                                               in lakhs) as     proof of financial
                                               proof       of   security.
                                               operational
                                               expenses



                    Catering Technology





Provided further that in case of an application for multiple programme, the minimum

fund shall be calculated by adding the amounts specified for each programme."

W.P.(C) No. 8335 of 2020 & con.cases 40

26. Anyhow in view of the dispute raised to the Regulations 2014 by the learned

Standing Counsel for the University, we are not considering the veracity of the same

especially due to the fact that the University has sought for a financial guarantee of

Rs.25 lakhs only, which is less than the amount fixed under the Regulations 2014.

27. The main question to be considered is whether the University is vested with

powers to fix the affiliation fee and increase the same ? The Act, 2015 was introduced

to establish and incorporate a university for the promotion of technical education in

the State of Kerala, which came into force on the 5 th day of May, 2014. Admittedly,

affiliation fee was fixed by the University and informed the Self Financing Colleges

and it was being paid till the year 2018-2019 Affiliation fee was increased in the year

2019-2020 and thereupon, some of the Self Financing Engineering Colleges have

come up before this Court with the writ petitions. It is submitted by the learned

Standing Counsel for the University that out of the 104 Self Financing Engineering

Colleges, 50 colleges are before this Court challenging the power of the University to

fix the affiliation fee and enhance the same, but all the other self financing

engineering colleges have paid the same. In order to understand the power of the

University, a reference to some of the provisions would be worthwhile.

28. Powers, functions and duties of the Board of Governors are dealt with under

section 25 of Act, 2015 and sub-section (1) thereto clearly specifies that the Board of W.P.(C) No. 8335 of 2020 & con.cases 41

Governors shall be the supreme authority of the University and shall have the power

to review the actions of the Executive Committee (presently Syndicate) and the

Academic Committee save, where the Executive Committee or the Academic

Committee has acted in accordance with the powers conferred upon them under this

Act, Statutes, the Ordinances or Regulations, and shall also exercise all the powers of

the University not otherwise provided for by this Act or the Statutes.

29. On a reading of the provisions contained under section 25 of the Act, 2015,

it is evident that the Board of Governors is entitled to cancel or amend any Ordinance

passed by the Executive Committee or any regulation addressed by the Academic

Committee. It is also vested with powers to approve and lay down the norms and

standards for affiliating colleges as regular colleges or autonomous colleges or

constituent colleges or colleges with academic autonomy of the University. It is further

vested with powers to affiliate to itself institutions as constituent colleges or

autonomous colleges or regular colleges with academic autonomy in accordance with

the provisions of the Act and the Statutes, Ordinances and regulations and to

withdraw the affiliation of colleges. The powers, functions and duties of the Executive

Committee are dealt with under section 30 of the Act, 2015.

30. Inter alia among other powers as per clause (iii) of sub-section (2) of

section 30, it is vested with powers to propose norms and standards for affiliating W.P.(C) No. 8335 of 2020 & con.cases 42

colleges as regular colleges or autonomous colleges or constituent colleges of the

University; Clause (vi) enables it to control and regulate admission of students for

various courses of study in colleges, departments or centres maintained by the

University; Clause (vii) imbibes a duty on it to conduct the university examinations and

approve and publish the results thereof; as per clause (viii), it is vested with powers

to fix the fee payable to the University and to demand and receive such fees; and

among others as per clause (xiv), it is vested with powers to arrange for and direct

the investigation into the affairs of affiliated colleges, to issue instructions for

maintaining their efficiency, for ensuring academic and administrative resources,

infrastructural facility, academic performance, performance of teachers of these

colleges; and in the case of private colleges, ensure payment of adequate salaries and

service conditions to the members of the staff and in case of disregard of such

instructions, to modify the conditions of affiliation or take such steps as it deems

proper in that behalf. More over Sections 60 to 65 of the Act 2015 contained under

Chapter VIII, confers power on the University to grant permission, affiliation and

recognition of colleges among others .

31. On a conjoint reading of sections 25, 30 and 60 to 65, we are of the

undoubted opinion that the University is vested with ample powers to fix the affiliation

fees payable to the University. In the detailed deliberations made above, we have W.P.(C) No. 8335 of 2020 & con.cases 43

specifically referred to the sequence of events leading to the fixation of affiliation fee

by the University. It is also evident that the University has in fact agreed to reduce the

affiliation fee fixed for the academic year 2020-2021 due to the outbreak of COVID-19

pandemic and its second wave in 2021. But fact remains when the Self Financing

Colleges raised the issue of the enhancement of affiliation fees, a meeting was

convened by the Syndicate Standing Committee on affiliation with the representatives

of various Self Financing Engineering Institutions, evident from Exhibit R2(m) minutes

dated 4.6.2021. The recommendations on the basis of the said meeting, we have

extracted above, from where it is explicit that, the University has in unequivocal terms

conveyed that the affiliation fee for the academic year 2019-2020 cannot be revisited

due to legal problems since the fee was already approved by the Syndicate and the

Board of Governors; and also 50% of the colleges remitted the fee.

32. Therefore, a recommendation was made to the Syndicate to consider grant

of exemption in fine for delay in the remittance of affiliation fee for the academic year

2019-2020 and to permit the colleges to remit the affiliation fees for the academic

year 2019-2020 in installments. But it is evident from the recommendations that it had

recommended the Syndicate to grant maximum relaxation/concession to the colleges

in the affiliation fees for the academic year 2020-2021 .

33. During the course of arguments it is contended that the affiliation fee on the W.P.(C) No. 8335 of 2020 & con.cases 44

basis of the recommendations made and approved by the Syndicate was paid by the

Self Financing Engineering Colleges for the year 2020 - 2021. Therefore, we find force

in the contentions advanced by the learned Standing Counsel for the University that

having agreed to pay the affiliation fees for the year 2019-2020 and having reduced

the affiliation fees for the academic year 2020-2021, the Self Financing Colleges are

not entitled to resile from the promise so made. Even though learned counsel for the

writ petitioners have submitted that there was no such agreement, we are unable to

agree with the same since all the Self Financing Engineering Colleges have paid

affiliation fee for the academic year 2020-2021 at the reduced rate on the basis of the

recommendations made by the Syndicate Standing Committee after having

deliberations with the representatives of the Self Financing Colleges held on 4.6.2021.

34. Therefore, in our considered opinion, the Syndicate of the University having

vested with powers to fix the affiliation fee by virtue of the provisions discussed

above and on the basis of the minutes of the meeting held on 4.6.2021, all the Self

Financing Colleges are liable to pay the affiliation fee, in accordance with the demand

raised by the University . Even though, in some of the writ petitions a contention is

raised that there is no statute framed enabling the University to fix the affiliation fee,

we are of the view that, as per section 14, the Vice-Chancellor is vested with powers,

among others, to ensure that the actions of the University are carried out in

accordance with the provisions of the Act, Statutes, Ordinances and Regulations and

that the decisions of the Authorities, Bodies and Committees are not inconsistent with

the Act, Statutes, Ordinances or Regulations. That apart section 14(6) makes it

imperative that where any matters required to be regulated by Statutes or Regulations

but no Statutes or Regulations have been made in that behalf, the Vice-Chancellor

shall, for the time being, regulate the matter by issuing such directions as the Vice-

Chancellor thinks necessary, and shall, as soon as may be, submit them before the

Board of Governors or other authority or body concerned for approval.

35. Therefore, on a conjoint reading of the provisions discussed above, we have

no doubt in our mind to hold that there is enough and more powers vested with the

Authorities of the University to impose affiliation fees. So also, the discussion made

above would make it clear that the Syndicate, the Board of Governors, the Vice-

Chancellor and other Authorities under the Act, Statutes, Ordinances and Regulations

are carrying out and discharging various duties and obligations for the maintenance

and upkeep of the Self Financing Colleges in accordance with the standards fixed by

the University. Therefore, it is a clear indication that in order to maintain the activities

of the University, necessarily the University has to impose affiliation fees so as to

discharge its duties and obligations with minimum standards fixed under the Act,

Statutes, Regulations etc. It is true that a mistake has crept in when the affiliation fee

was fixed, which we have discussed above, however, the same was rectified by

issuing an erratum order dated 4.11.2021, which also we have extracted above.

36. Considering all the above aspects, we do not find any reason to interfere

with the affiliation fee fixed by the University. The other aspect raised by the

petitioners is in regard to the manner in which the financial guarantee is to be offered

by the Self Financing Colleges. Here, in the writ petitions, the issue raised is with

respect to the Engineering Colleges alone and in fact the said issue is covered by the

University Grants Commission Regulations - 2009, specifically as per regulation 3.2.2

of the said Regulations. University Grants Commission Regulations - 2009 deals with

UGC affiliation of colleges by Universities. Regulation 1.2 specifies that the regulations

shall apply to all colleges seeking affiliation and already affiliated to the Universities in

India, established or incorporated by or under a Central Act, a Provincial Act or a State

Act. The 'college' is defined to mean, any institution whether known as such or by any

other name, which provides for a programme of study beyond 12 years of schooling

for obtaining any qualification from a University and which in accordance with the

rules and regulations of the University, is recognised by the UGC as competent to

provide for such programme or study and present students undergoing such

programme of study for the examination for the award of such qualification. 'Course'

is defined thereto under Regulations 2.4 to mean, one of the units which comprise a W.P.(C) No. 8335 of 2020 & con.cases 47

programme of study. Regulations 2.6 specifies that statutory or regulatory means a

body so constituted by a Central/State Government Act for setting and maintaining

standards in the relevant areas of higher education such as All India Council for

Technical Education, Medical Council of India, Dental Council of India, National Council

for Teachers Education, Bar Council of India, etc. Regulation 3.2.2 prescribes the

manner in which financial guarantee is to be offered. Even though in one of the

communications, the University demanded for deposit of the amount towards financial

guarantee as discussed above, ultimately the University has passed a resolution,

which is produced as Exhibit P13 in W.P.(C) No.8335/2020 dated 2.7.2021 and

extracted above, wherein the financial guarantee is resolved to be collected by way of

fixed financial guarantee of Rs.25 lakhs from all institutions seeking affiliation or

affiliated to the University in accordance with regulation 3.2.2 of regulations 2019.

37. In view of the submissions made by the learned Standing Counsel for the

University that they need to provide the guarantee as is stated in clause 3.2.2 of UGC

Regulations - 2009, we are of the considered opinion that the University has

unequivocally undertaken to receive the guarantee as is stated in the Regulations -

2009.

38. In that view of the matter, we dispose of the writ petitions holding that the

University is vested with powers to fix the affiliation fees and enhance the same by W.P.(C) No. 8335 of 2020 & con.cases 48

virtue of the powers granted to the Board of Governors as well as the Syndicate as per

the Act, 2015. We also hold that by virtue of the recommendations made by the

Standing Committee to the Syndicate, the Syndicate has reduced the affiliation fee for

the academic year 2020-2021, on condition that, the Self Financing Colleges shall pay

the affiliation fees for the academic year 2019-2020 in accordance with the demand

raised by the University. We are also informed that the reduced affiliation fee is paid

by all the Self Financing Engineering Colleges including the writ petitioners for the

academic years 2020-2021 and 2021-2022. Therefore, the Self Financing Colleges are

liable to pay the affiliation fees for the year 2019- 2020. The writ petitioners are

therefore directed to pay the affiliation fees for the academic year 2019-2020

demanded by the University, at the earliest possible, and at any rate, within two

months from the date of receipt of a copy of this judgment.

39. We are also informed by the learned Senior Counsel Sri.Kurian George

Kannanthanam that one of the colleges have paid an amount of Rs.25 lakhs to the

University towards financial guarantee, and they may be permitted to offer financial

guarantee in accordance with the resolution of the University, discussed above, and in

terms of the Regulation 3.2.2 of the University Grants Commission Regulations 2009.

We find force in the said submission and therefore, the said college, which has paid

the amount towards the the financial guarantee, is at liberty to offer the financial

guarantee in terms of the resolution of the University specified above and in terms of

clause 3.2.2. UGC Regulations - 2009; and if the financial guarantee is produced

accordingly, the University shall take steps to release the amount paid/deposited by

the Self Financing Institution in question, at the earliest.

40. Whatever that be, we make it clear that since the University has demanded

the financial guarantee for only Rs.25 lakhs, the University shall not deviate from the

same and insist for financial guarantee specified for the professional and other

colleges at Rs.35 lakhs, as per the clauses 3.2.2 of UGC Regulations 2009.

Writ petitions are disposed of accordingly.

Sd/-

S.MANIKUMAR CHIEF JUSTICE

Sd/-

                                                        SHAJI P.CHALY
smv                                                        JUDGE
 W.P.(C) No. 8335 of 2020 & con.cases   50



                        APPENDIX OF WP(C) 7561/2020


PETITIONER EXHIBITS
EXHIBIT P1                TRUE COPY OF THE ORDER DATED 15.05.2019 ISSUED
                          BY THE 2ND RESPONDENT.
EXHIBIT P2                TRUE COPY OF THE SUBMISSIONS MADE BY THE

MINISTER BEFORE THE 14TH KERALA ASSEMBLY DATED 26.06.2019.

EXHIBIT P3 TRUE COPY OF THE EMAIL COMMUNICATION DATED 04.03.2020.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 06.03.2020 SUBMITTED BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30.1.2021 ISSUED BY 2ND RESPONDENT.

RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.

Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.

Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.

Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.

Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.

Exhibit R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.

RESPONDENT EXHIBITS Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.

Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE W.P.(C) No. 8335 of 2020 & con.cases 51

AFFILIATION FEE DATED 20/04/2019.

Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.

Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.

Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. RESPONDENT EXHIBITS Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.

Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY. Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.

Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY. W.P.(C) No. 8335 of 2020 & con.cases 52

APPENDIX OF WP(C) 8305/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF ONE OF THE AFFILIATION ORDER DATED 15.5.2019 ISSUED TO VELAPPALLI NATESAN COLLEGE OF ENGINEERING DATED 15.5.2019.

EXHIBIT P2 TRUE COPY OF THE SUBMISSIONS MADE BY THE MINISTER BEFORE THE 14TH KERALA ASSEMBLY DATED 26.6.2019 EXHIBIT P2 (A) ENGLISH TRANSLATION OF EXHIBIT P2 EXHIBIT P3 TRUE COPY OF THE EMAIL NOTICE DATED 4.3.2020 ISSUED BY THE UNIVERSITY DEMANDING BALANCE AFFILIATION FEE TO THE 1ST PETITIONER INSTITUTION EXHIBIT P4 TRUE COPY OF THE REPRESENTATION MADE BY THE 1ST PETITIONER ASSOCIATION DATED 26.3.2020 RESPONDENT EXHIBITS

Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.

Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.

Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.

Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.

Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.

Exhibit R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.

Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.

W.P.(C) No. 8335 of 2020 & con.cases 53

Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.

Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.

Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.

Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.

Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY. Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.

Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY. W.P.(C) No. 8335 of 2020 & con.cases 54

APPENDIX OF WP(C) 8335/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LIST OF MEMEBERS OF THE 1ST PETITIONER EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 28-03-2016 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATED 12-01-2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE NOTIFICATION DATED 21-02-2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 13-02-2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER DATED 15-05-2019 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER COLLEGE EXHIBIT P7 TRUE COPY OF THE ORDER DATED 15-05-2019 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER COLLEGE.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 15-05-2019 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONERS COLLEGE EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY ONE OF THE MEMEBER COLLEGE DATED 21-05-2019 EXHIBIT P10 TRUE COPY OF THE E.MAIL CIRCULAR TO ALL ENGINEERING COLLEGES ON 04-03-2020 ISSUED BY THE UNIVERSITY.

EXHIBIT P11 TRUE COPY OF THE NOTIFICATION DATED 12-03-2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE FORMAT OF THE AFFIDAVIT.

RESPONDENTS' EXHIBITS Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.

Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.

Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE W.P.(C) No. 8335 of 2020 & con.cases 55

ACADEMIC YEAR 2015-2016.

Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.

Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.

R Exhibit R2(F) `TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.

Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.

Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.

Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.

Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.

Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.

Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY. Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.

Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY. PETITIONER EXHIBITS Exhibit P13 TRUE COPY OF THE ORDER UO NO.1031/2021/KTU DATED 02/07/2021 OF THE APJ ABDUL KALAM W.P.(C) No. 8335 of 2020 & con.cases 56

TECHNOLOGICAL UNIVERSITY.

Exhibit P14 TRUE COPY OF THE LETTER NO. KTU/A/456/2015 DATED 07/12/2021 OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.

RESPONDENT EXHIBITS Exhibit R2(P) TRUE COPY OF THE MINUTES OF THE 11TH BOARD OF GOVERNORS MEETING DATED 07/12/2019.

W.P.(C) No. 8335 of 2020 & con.cases 57

APPENDIX OF WP(C) 8364/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE EXTENSION OF APPROVAL DATED 30.04.2019 ISSUED BY ALL INDIA COUNCIL FOR TECHNICAL EDUCATION.

EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 15.05.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE SUBMISSION MADE BY THE MINISTER BEFORE THE KERALA LEGISLATIVE ASSEMBLY DATED 26.06.2019.

EXHIBIT P4 TRUE COPY OF THE NOTIFICATION DATED 12.03.2020 ISSUED BY 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE E-MAIL COMMUNICATION ISSUED BY 2ND RESPONDENT DATED 03.03.2020.

RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.

Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.

Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.

Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.

Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.

Exhibit R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.

Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.

Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.

W.P.(C) No. 8335 of 2020 & con.cases 58

Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.

Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.

Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.

Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY. Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.

Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY. W.P.(C) No. 8335 of 2020 & con.cases 59

APPENDIX OF WP(C) 8542/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AFFILIATION ORDER PRESCRIBING THE FEE ISSUED BY THE 2ND RESPONDENT DATED 15.05.2019 IN RESPECT OF RAJADHANI INSTITUTE OF ENGINEERING AND TECHNOLOGY EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 15.5.2019 ISSUED IN RESPECT OF RAJADHANI INSTITUTE OF HOTEL MANAGEMENT AND CATERING TECHNOLOGY EXHIBIT P3 TRUE COPY OF THE SUBMISSIONS MADE BY THE MINSTER BEFORE THE 14TH KERLA ASSEMBLY DATED 26.06.2019 EXHIBIT P4 TRUE COPY OF THE SAID EMAIL COMMUNICATION DATED 04.03.2020 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30.1.2021 ISSUED BY 2ND RESPONDENT.

RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.

Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.

Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.

Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.

Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.

Exhibit R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.

Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.

W.P.(C) No. 8335 of 2020 & con.cases 60

Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.

Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.

Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.

Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.

Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY. Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.

Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY. W.P.(C) No. 8335 of 2020 & con.cases 61

APPENDIX OF WP(C) 8899/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 25.4.2015 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 THE TRUE COPY OF THE NOTIFICATION DATED 28.3.2016 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 THE TRUE COPY OF THE NOTIFICATION DATED 12.1.2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 THE TRUE COPY OF THE NOTIFICATION DATED 21.2.2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 THE TRUE COPY OF THE NOTIFICATION DATED 13.2.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER DATED 15.05.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE E-MAIL CIRCULAR TO ALL ENGINEERING COLLEGES ON 4.3.2020 ISSUED BY THE UNIVERSITY EXHIBIT P8 TRUE COPY OF THE NOTIFICATION DATED 12.03.2020 ISSUED BY THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE FORMAT OF THE AFFIDAVIT RESPONDENTS' EXHIBITS

Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES. Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.

Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.

Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.

Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.

Exhibit R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.

W.P.(C) No. 8335 of 2020 & con.cases 62

Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.

Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.

Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.

Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.

Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.

Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY. Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.

Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY. W.P.(C) No. 8335 of 2020 & con.cases 63

APPENDIX OF WP(C) 9247/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AFFILIATION DATED 15.05.2015 ISSUED BY THE KERALA TECHNOLOGICAL UNIVERSITY. EXHIBIT P2 TRUE COPY OF THE CHART SHOWING THE STUDENTS STRENGTH IN THE PETITIONER'S COLLEGE.

EXHIBIT P3 TRUE COPY OF THE EXTENSION OF AFFILIATION DATED 15.05.2019 ISSUED BY THE UNIVERSITY. EXHIBIT P4 TRUE COPY OF THE NOTIFICATION DATED 28.03.2016 ISSUED BY THE UNIVERSITY.

EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 12.01.2017 ISSUED BY THE UNIVERSITY.

EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 21.02.2018 ISSUED BY THE UNIVERSITY.

EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED 12.03.2020 ISSUED BY THE UNIVERSITY.

EXHIBIT P8 TRUE COPY OF THE SUBMISSIONS MADE BY THE MINISTER BEFORE THE 14TH KERALA ASSEMBLY DATED 26.06.2019.

RESPONDENTS' EXHIBITS:

Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.

Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.

Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.

Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.

Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.

Exhibit R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.

W.P.(C) No. 8335 of 2020 & con.cases 64

Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.

Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.

Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.

Exhibit R2(J) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.

Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.

Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY. Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.

Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY. W.P.(C) No. 8335 of 2020 & con.cases 65

APPENDIX OF WP(C) 9151/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOC DATED 16.7.2010 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE APPROVAL GIVEN BY THE AICTE DATED 14.7.2010.

EXHIBIT P3 TRUE COPY OF THE CHART SHOWING THE STUDENTS STRENGTH IN THE PETITIONER'S COLLEGE.

EXHIBIT P4 TRUE COPY OF THE EXTENSION OF AFFILIATION DATED 15.5.2019 ISSUED BY THE UNIVERSITY.

EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 28.3.2016 ISSUED BY THE UNIVERSITY.

EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 12.1.2017 ISSUED BY THE UNIVERSITY.

EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED 21.2.2018 ISSUED BY THE UNIVERSITY.

EXHIBIT P8 TRUE COPY OF THE NOTIFICATION DATED 12.3.2020 ISSUED BY THE UNIVERSITY.

EXHIBIT P9 TRUE COPY OF THE SUBMISSIONS MADE BY THE MINISTER BEFORE THE 14TH KERALA ASSEMBLY DATED 26.6.2019.

RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.

Exhibit R2(B) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.159/2019/HEDN DATED 11/06/2019.

Exhibit R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.

Exhibit R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.

Exhibit R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.

Exhibit R2(F) TRUE COPY OF THE NOTIFICATION W.P.(C) No. 8335 of 2020 & con.cases 66

NO.KTU/A/456/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.

Exhibit R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.

Exhibit R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.

Exhibit R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.

Exhibit R2(j) TRUE COPY OF THE MINUTES OF THE SYNDICATE DATED 29/11/2019.

Exhibit R2(K) TRUE COPY OF THE ORDER NO. UO 1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. Exhibit R2(L) TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.

Exhibit R2(M) TRUE COPY OF THE ORDER UO NO. 1010/2021/KTU DATED 29/06/2021 ISSUED BY THE UNIVERSITY. Exhibit R2(N) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF FINANCING ENGINEERING COLLEGES DATED 04/06/2021.

Exhibit R2(O) TRUE COPY OF THE ORDER UO NO.1818/2021/KTU DATED 04/11/2021 ISSUED BY THE UNIVERSITY. W.P.(C) No. 8335 of 2020 & con.cases 67

APPENDIX OF WP(C) 9340/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CIRCULAR ISSUED BY THE CALICUT UNIVERSITY DATED 23.12.2015.

EXHIBIT P2 TRUE COPY OF THE SAID ORDER DATED 21.11.2016 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE AFFILIATION ORDER ISSUED IN FAVOUR OF 4TH PETITIONER DATED 15.05.2019.

EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015 DATED 12.03.2020 ISSUED BY 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 01.02.2018 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT EXHIBITS EXHIBIT R2(A) TRUE COPY OF THE STATEMENT SHOWING THE FEE STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGES.

EXHIBIT R2(B) TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO.159/2019/HEDN. DATED 11/06/2019.

EXHIBIT R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25/04/2015 FOR THE ACADEMIC YEAR 2015-2016.

EXHIBIT R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28/03/2016 FOR THE ACADEMIC YEAR 2016-2017.

EXHIBIT R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12/01/2017 FOR THE ACADEMIC YEAR 2017-2018.

EXHIBIT R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/4156/2018 DATED 21/02/2018 FOR THE ACADEMIC YEAR 2018-2019.

EXHIBIT R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07/07/2018 OF THE BOARD OF GOVERNORS.

EXHIBIT R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20/04/2019.

EXHIBIT R2(I) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS MEETING DATED 17/08/2019.

W.P.(C) No. 8335 of 2020 & con.cases 68

EXHIBIT R2(J) TRUE COPY OF THE MINUTES OF MEETING OF THE SYNDICATE DATED 29/11/2019.

W.P.(C) No. 8335 of 2020 & con.cases 69

APPENDIX OF WP(C) 9342/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SUMMARY OF SANCTIONED INTAKE AND ACTUAL INTAKE OF STUDENTS FROM 2016-17 ONWARDS.

EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.27742/CDC-

A3/2014/CU ISSUED BY THE CALICUT UNIVERSITY DATED 23.12.2015.

EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015 DATED 12.03.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.KYU/A/456/2015 OF AFFILIATION DATED 15.05.2019.

EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE PROCEEDINGS OF THE 14TH KERALA ASSEMBLY HELD ON 26.6.2019. EXHIBIT P6 TRUE COPY OF TRUE COPY OF THE NOTIFICATION ISSUED BY 2ND RESPONDENT DT.9.4.2020.

EXHIBIT-R2(K) TRUE COPY OF THE ORDER NO.U.O.1758/2020/KTU DATED 15.12.2020 ISSUED BY THE VICE CHANCELLOR OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY EXHIBIT-R2(I) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 31.12.2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY W.P.(C) No. 8335 of 2020 & con.cases 70

APPENDIX OF WP(C) 9999/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25.04.2015 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

EXHIBIT P2 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 28.03.2016 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12.01.2017 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015 DATED 21.02.2018 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

EXHIBIT P5 TRUE COPY OF THE ORDER/COMMUNICATION NO.KTU/A/456/2015 DATED 15.05.2019 PASSED BY THE 2ND RESPONDENT UNIVERSITY.

EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015 DATED 12.03.2020 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

EXHIBIT P7 TRUE COPY OF THE SCREEN SHOT TAKEN FROM THE WEBSITE OF THE RESPONDENT UNIVERSITY WHICH SHOWS THE FEE.

W.P.(C) No. 8335 of 2020 & con.cases 71

APPENDIX OF WP(C) 10084/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF STATEMENT PORTRAYING THE TOTAL SANCTIONED INTAKE AND ADMISSIONS IN THE 1ST PETITIONER COLLEGE DURING THE YEAR 2019-2020. EXHIBIT P2 TRUE COPY OF STATEMENT PORTRAYING THE TOTAL SANCTIONED INTAKE AND ADMISSIONS IN THE 2ND PETITIONER COLLEGE DURING THE YEAR 2019-2020. EXHIBIT P3 TRUE COPY OF ORDER OF AFFILIATION DATED 15/5/2019 OF UNIVERSITY ISSUED TO 1ST PETITIONER COLLEGE FOR THE ACADEMIC YEAR 2019- 2020.

EXHIBIT P4 TRUE COPY OF ORDER OF AFFILIATION DATED 15/5/2019 OF UNIVERSITY ISSUED TO 2ND PETITIONER COLLEGE FOR THE ACADEMIC YEAR 2019- 2020.

EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 13/2/2019 OF THE UNIVERSITY NOTIFYING THE FEE STRUCTURE FOR 2019-2020.

EXHIBIT P6 TRUE COPY OF THE WRITTEN OBJECTIONS 26/2/2019 SUBMITTED BY THE MANAGEMENTS ASSOCIATION TO THE STATE GOVERNMENT.

EXHIBIT P7 TRUE COPY OF THE EMAIL COMMUNICATION DATED 4/3/2020 OF THE UNIVERSITY ADDRESSED TO THE 1ST PETITIONER.

EXHIBIT P8 TRUE COPY OF THE EMAIL COMMUNICATION DATED 4/3/2020 OF THE UNIVERSITY ADDRESSED TO THE 2ND PETITIONER.

EXHIBIT P9 TRUE COPY OF THE NOTIFICATION DATED 30/4/2020 OF UNIVERSITY.

EXHIBIT P10 TRUE COPY OF THE PUBLICATION IN THE UNIVERSITY WEBSITE PORTAL ALLOTTED TO THE 1ST PETITIONER COLLEGE PORTRAYING AFFILIATION FEES.

EXHIBIT P11 TRUE COPY OF THE PUBLICATION IN THE UNIVERSITY WEBSITE PORTAL ALLOTTED TO THE 2ND PETITIONER COLLEGE PORTRAYING AFFILIATION FEES.

EXHIBIT P12 TRUE COPY OF THE NOTIFICATION DATED 16/4/2020 OF THE UNIVERSITY.

W.P.(C) No. 8335 of 2020 & con.cases 72

EXHIBIT P13 TRUE COPY OF THE RELEVANT EXTRACT OF THE ONLINE APPLICATION DATED 8/5/2020 OF THE 1ST PETITIONER ALONG WITH AFFIDAVIT ADDRESSED TO THE UNIVERSITY.

EXHIBIT P14 TRUE COPY OF THE RELEVANT EXTRACT OF THE ONLINE APPLICATION DATED 8/5/2020 OF THE 2ND PETITIONER ALONG WITH AFFIDAVIT ADDRESSED TO THE UNIVERSITY.

RESPONDENT EXHIBITS
EXHIBIT R1                NI.
EXHIBIT R2                NIL.
EXHIBIT R2 (A)            TRUE COPY OF THE STATEMENT SHOWING THE FEE

STRUCTURE IS DIFFERENT CLASSES OF ENGINEERING COLLEGE.

EXHIBIT R2 (B) TRUE COPY OF THE GOVERNMENT ORDER (GO(MS) NO.159/2019/HEDN DATED 11.06.2019.

EXHIBIT R2(C) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2015(1) DATED 25.04.2015 FOR THE ACADEMIC YEAR 2015-2016.

EXHIBIT R2(D) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016(1) DATED 28.03.2016 FOR THE ACADEMIC YEAR 2016-2017.

EXHIBIT R2(E) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2016 DATED 12.01.2018 FOR THE ACADEMIC YEAR 2018-2019.

EXHIBIT R2(F) TRUE COPY OF THE NOTIFICATION NO.KTU/A/456/2018 DATED 21.02.2018 FOR THE ACADEMIC YEAR 2018-2019.

EXHIBIT R2(G) TRUE COPY OF THE MINUTES OF MEETING DATED 07.07.2018 OF THE BOARD OF GOVERNORS.

EXHIBIT R2(H) TRUE COPY OF THE REPORT OF THE SUBCOMMITTEE OF THE BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20.04.2019.

EXHIBIT R2(1) TRUE COPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS FOR STUDYING THE AFFILIATION FEE DATED 20.04.2019.

EXHIBIT R2 (J) TRUE COPY OF THE MINUTES OF MEETING OF THE SYNDICATE DATED 29.11.2019.

EXHIBIT R2(k) TRUE COPY OF THE ORDER NO.U.O.1758/2020/KTU DATED 15/12/2020 ISSUED BY THE VICE CHANGELLOR W.P.(C) No. 8335 of 2020 & con.cases 73

OF APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY EXHIBIT R2(I) TRUE COPY OF THE RELEVANT MINUTES OF THE MEETING HELD ON 31/12/2020 OF THE SYNDICATE OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY W.P.(C) No. 8335 of 2020 & con.cases 74

APPENDIX OF WP(C) 10919/2020

PETITIONER EXHIBITS EXHIBIT P1 THE STUDENTS STRENGTH IN THE PETITIONERS COLLEGE FROM THE YEAR 2009-2019 EXHIBIT P2 TRUE COPY OF THE AFFILIATION ORDER ISSUED BY THE 2ND RESPONDENT UNIVERSITY DATED 15.5.2019 EXHIBIT P3 TRUE COPY OF THE SAID NOTIFICATION DATED 28.3.2016 ISSUED BY THE UNIVERSITY EXHIBIT P4 TRUE COPY OF THE SAID NOTIFICATION DATED 12.1.2017 ISSUED BY THE UNIVERSITY EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 21.2.2018 ISSUED BY THE UNIVERSITY EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 12.3.2020 ISSUED BY THE UNIVERSITY EXHIBIT P7 TRUE COPY OF THE SUBMISSIONS MADE BY THE MINISTER BEFORE THE 14TH KERALA ASSEMBLY DATED 26.6.2019 W.P.(C) No. 8335 of 2020 & con.cases 75

APPENDIX OF WP(C) 34396/2017 PETITIONER EXHIBITS EXHIBIT-P1: A TRUE COPY OF THE MINORITY CERTIFICATE ISSUED TO THE YOUNUS COLLEGE OF ENGINEERING AND TECHNOLOGY, VADAKKEVILA, KOLLAM.

EXHIBIT-P2: A TRUE COPY OF THE MINORITY CERTIFICATE ISSUED TO THE YOUNUS COLLEGE OF ENGINEERING, THALACHIRA, KOLLAM.

EXHIBIT-P3: A TRUE COPY OF MINORITY CERTIFICATE ISSUED TO THE YOUNUS INSTITUTE OF TECHNOLOGY, KANNANELLOOR, KOLLAM.

EXHIBIT-P4: A TRUE COPY OF THE ORDER DATED 15.05.2017 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

EXHIBIT-P5: A TRUE COPY OF THE ORDER DATED 15.05.2017 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

EXHIBIT-P6: A TRUE COPY OF THE ORDER DATED 15.05.2017 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

EXHIBIT-P7: A TRUE COPY OF THE ORDERS DATED 18.07.2014 ISSUED BY THE MAHATMA GANDHI UNIVERSITY.

EXHIBIT-P8: A TRUE COPY OF THE RELEVANT PAGES OF PROVISIONAL BALANCE SHEET OF THE 2ND RESPONDENT AS ON 31.03.2017.

EXHIBIT-P9: A TRUE COPY OF THE RELEVANT PAGED OF PROVISIONAL INCOME AND EXPENDITURE ACCOUNT FOR THE YEAR ENDED 31.03.2017.

EXHIBIT-P10: A TRUE COPY OF ONE SUCH REPRESENTATION SUBMITTED BY THE PETITIONER'S ASSOCIATION DATED 22.05.2017.

EXHIBIT-P11: A TRUE COPY OF THE INTERIM ORDER DATED 10.05.2013 IN W.P.(C) NO.12269/2013.

EXHIBIT R2(a) TRUE COPY OF THE ORDER U.O.NO.1010/2021/KTU DATED 29.06.2021 ISSUED BY THE UNIVERSITY.

EXHIBIT R2(b) TRUE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE STANDING COMMITTEE ON AFFILIATION OF THE UNIVERSITY WITH THE REPRESENTATIVES OF THE ASSOCIATION OF SELF ENGINEERING COLLEGES DATED 4.6.2020.

 
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