Kerala High Court
Bhavan’S N A Palkhivala Academy ... vs State Of Kerala on 13 April, 2023
WP(C) No.6461/2023 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
WP(C) NO. 6461 OF 2023(G)
PETITIONER:
BHAVAN'S N A PALKHIVALA ACADEMY FOR ADVANCED LEGAL STUDIES &
RESEARCH [BHAVAN'S PALSAR] P.B. NO. 8, RAMANATTUKARA P.O. KOZHIKODE
- 673 633 REPRESENTED BY ITS PRINCIPAL
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001
2. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT
UNIVERSITY P.O, MALAPPURAM- 673 635
3. COMMISSIONER FOR ENTRANCE EXAMINATION, OFFICE OF THE COMMISSIONER
FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, KSHB
BUILDING,SHANTINAGAR,THIRUVANANTHAPURAM- 695 001
4. BAR COUNCIL OF INDIA, REPRESENTED BY ITS CHAIRMAN, 21, ROUSE AVENUE
INSTITUTIONAL AREA, NEW DELHI-110 002
5. ADDL.R5. ADMISSION SUPERVISORY/FEE REGULATORY COMMITTEE FOR
PROFESSIONAL COLLEGES, T.C.15/1553-4, PRASANTHI BUILDINGS,M. P.
APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695014. (IS SUO MOTU
IMPLEADED AS ADDL. R5 VIDE ORDER DATED 13-04-2023)
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd respondent to grant provisional affiliation to
the petitioner college from the academic year 2021-22 onwards, pending
disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. SHYAM PADMAN, C.M.ANDREWS, BOBY M.SEKHAR, LAYA MARY JOSEPH, HARISH
ABRAHAM, ASHWATHI SHYAM Advocates for the petitioners,Government Pleader
takes notice for R1 and R3, Sri. P.C.Sasidharan Standing Counsel for R2
and Sri Rajit Advocate for R4, the court passed the following:
WP(C) No.6461/2023 2/6
Sathish Ninan, J.
==============================
WP(C) No.6461 of 2023
==========================
Dated this the 13th day of April, 2023
O R D E R
Admission Supervisory/Fee Regulatory Committee for
Professional Colleges will stand suo motu impleaded as
an additional 5th respondent.
2. The petitioner is a self financing Law College.
Writ Petition 18106 of 2015 was one filed by the
petitioner in relation to the fixation of fee by the
Regulatory Committee. Though in Ext.P19 judgment in
WP(C) No.18106 of 2015 this Court had, as early as on
20-02-2018, directed the Government to effectuate the
terms of Ext.P19 order therein dated 16.05.2017, which
was issued by the Fee Regulatory Committee, admittedly,
no orders have been passed so far. The petitioner
College had been collecting fees as per the said order
of the FRC.
WP(C) No.6461/2023 3/6
3. The affiliation to the petitioner -
College is not being granted by the second
respondent University for the reason that, NOC has
not been issued by the first respondent-State. The
first respondent refuses to issue NOC for the reason
that the fee collected by the petitioner - College
is not in tune with Ext.P31 Government Order dated
10-11-2022.
4. The College is functioning without
affiliation. The students studying there would be
put to serious prejudice. Hence, the issue of NOC
and grant of affiliation are not to be kept pending.
In the light of the above, as an interim
arrangement, the following directions are issued :
(i) The additional 5th respondent shall consider the
fees structure suggested under Ext.P37 with due
regard to Ext.P19 judgment of this Court in WP(C)
WP(C) No.6461/2023 4/6
No.18106 of 2015, and Ext.P36 Government Order dated
17.10.2019, and such other relevant materials. The
petitioner shall be afforded an opportunity of
hearing before a decision is taken. The order shall
be passed as expeditiously as possible, and at any
rate within a period of four months from the date of
receipt of a copy of this order.
(ii) Pending orders by the Fee Regulatory Committee
on Ext.P37 proposal, the petitioner College shall
collect only the fee as notified under Ext.P31 r/w
Ext.P36 Government Order.
(iii) The first respondent shall pass final
orders on the request for NOC submitted by the
petitioner within a further period of one month from
the date of receipt of the recommendation by the Fee
Regulatory Committee.
(iv) On issuance of NOC, let the University pass
WP(C) No.6461/2023 5/6
orders of affiliation without further delay, in
accordance with law.
(v) The directions above relate to all the Academic
Years from 2021 onwards.
Sd/- Sathish Ninan, Judge
amk
13-04-2023 /True Copy/ Assistant Registrar
WP(C) No.6461/2023 6/6
APPENDIX OF WP(C) 6461/2023
Exhibit P19 TRUE COPY OF THE JUDGMENT DATED 20.02.2018 IN W.P(C)
NO.18106/2015 PASSED BY THE HON'BLE HIGH COURT OF
KERALA
Exhibit P31 TRUE COPY OF THE LETTER DATED 10.11.2022 ISSUED BY THE
1ST RESPONDENT TO THE PETITIONER COLLEGE
Exhibit P36 TRUE COPY OF THE G.O.(RT)NO.1836/2019/HEDN DATED
17.10.2019 ISSUED BY THE 1ST RESPONDENT
Exhibit P37 TRUE COPY OF THE FEE STRUCTURE PREPARED BY THE
PETITIONER COLLEGE FOR THE ACADEMIC YEAR 2022-2023
13-04-2023 /True Copy/ Assistant Registrar
