The Chairman & Managing Trustee vs The State Of Kerala
2023 Latest Caselaw 6190 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                     WP(C) NO. 8425 OF 2015
PETITIONER/S:

            THE CHAIRMAN & MANAGING TRUSTEE
            AGED 40 YEARS
            NEHRU COLLEGE OF EDUCATIONAL & CHARITABLE TRUST,
            NILA GARDENS, PAMPADI, THIRUVILLWAMALA, THRISSUR-
            KERALA STATE-680597.
            BY ADV SRI.GEORGE JACOB (JOSE)
RESPONDENTS:
    1     THE STATE OF KERALA
          REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
          HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
          THIRUVANANTHAPURAM, KERALA STATE-695001.
    2     THE SECRETARY TO GOVERNMENT
          HIGHER EDUCATION (C) DEPARTMENT, GOVERNMENT OF
          KERALA, THIRUVANANTHAPURAM, KERALA STATE, 695001.
    3     BAR COUNCIL OF INDIA
          21 NEAR BALA BHAWAN, ROUSE AVENUE, INSTITUTIONAL
          AREA, NEW DELHI-110002, REPRESENTED BY ITS
          SECRETARY.
    4     UNIVERSITY OF CALICUT
          THENHIPALAM, MALAPPURAM, REPRESENTED BY ITS
          REGISTRAR, MALAPPURAM-673635.
    5     AL-AMEEN EDUCATIONAL TRUST
          KULAPPULLY, SHORANUR, PALAKKAD DISTRICT, 679122,
          REPRESENTED BY ITS GENERAL SECRETARY.
          BY ADVS.SRI.P.B.KRISHNAN
          GOVERNMENT PLEADER
          SRI.P.B.KRISHNAN
          SRI.P.M.NEELAKANDAN
          SRI.SABU GEORGE
          SRI.P.B.SUBRAMANYAN
OTHER PRESENT:
          GP - BIMAL K.NATH
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   12.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C). No.8425 of 2015                :2:




                           VIJU ABRAHAM, J.
          --    -- -- -- -- -- -- -- -- -- -- -- --
                       W.P.(C). No.8425 of 2015
          --    -- -- -- -- -- -- -- -- -- -- -- --
                   Dated this the 12th day of June, 2023

                                    JUDGMENT

The above writ petition has been filed seeking a direction to

respondent Nos. 3 and 4 to issue to the petitioner order of approval

and affiliation after conducting necessary inspections without

insisting upon the production of any NOC from the State

Government, so as to enable the petitioner to commence and

conduct a Law College and Courses from the academic year 2015-

16.

2. An interim order has been passed by this Court as early as

on 25.03.2015 wherein a direction was issued to the respondent

State to grant NOC to the petitioner on a provisional basis.

3. The learned counsel of the petitioner submits that pursuant

to the interim order passed by this Court, NOC was granted by the

State on 03.06.2015 and the Bar Council of India granted approval

on 04.07.2015 and that the petitioner institution is now

functioning. Petitioner further submits that the Government has

later on granted NOC for another Law College in the same District

and it is also functioning there.

In view of the intervening circumstances, I deem it

appropriate to dispose of the writ petition by making the interim

order absolute.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 8425/2015

PETITIONER EXHIBITS EXHIBIT-P1: TRUE COPY OF THE LETTER DATED 28.10.2013 OF THE PETITIONER ADDRESSED TO THE FIRST RESPONDENT.

EXHIBIT-P2: TRUE COPY OF THE LETTER DATED 1.11.2013 OF THE PETITIONER ADDRESSED TO THE REGISTRAR, UNIVERSITY OF CALICUT. EXHIBIT-P3: TRUE COPY OF THE CHALAN DATED 11.1.2013 EVIDENCING REMITTANCE OF FEE TOWARDS ADMINISTRATION & AFFILIATION.

EXHIBIT-P4: TRUE COPY OF THE LETTER DATED 1.4.2014 OF THE FIRST RESPONDENT ADDRESSED TO THE PETITIONER.

EXHIBIT-P5: TRUE COPY OF THE LETTER DATED 5.6.2014 OF THE REGISTRAR, UNIVERSITY OF CALICUT ADDRESSED TO THE FIRST RESPONDENT ENCLOSING RELEVANT EXTRACT OF THE LIST OF RECOMMENDED EDUCATIONAL INSTITUTIONS. EXHIBIT-P6: TRUE COPY OF THE LETTER DATED 18.6.2014 OF THE PETITIONER TO THE UNIVERSITY FOR ISSUE OF NOC/CONSENT FOR THE COLLEGE. EXHIBIT-P7: TRUE COPY OF THE LETTER DATED 7.7.2014 OF THE PETITIONER ADDRESSED TO THE FIRST RESPONDENT.

EXHIBIT-P8: TRUE COPY OF THE NOC DATED 24.7.2014 ISSUED BY THE UNIVERSITY TO THE PETITIONER.

EXHIBIT-P9: TRUE COPY OF THE LETTER DATED 12.12.2014 OF THE PETITIONER ADDRESSED TO THE FIRST RESPONDENT.

EXHIBIT-P10: TRUE COPY OF THE COMMUNICATION DATED 16.12.2014 OF THE FIRST RESPONDENT ADDRESSED TO THE PETITIONER.

EXHIBIT-P11: TRUE COPY OF GO(P) NO.89/2012/H.EDN.DATED 12.3.2012 ISSUED BY THE FIRST RESPONDENT. EXHIBIT-P12: TRUE COPY OF THE LETTER DATED 12.1.2015 ADDRESSED TO THE HON'BLE MINISTER FOR EDUCATION.

EXHIBIT-P13: TRUE COPY OF THE LETTER DATED 23.1.2015 OF THE SECOND RESPONDENT ISSUED TO THE PETITIONER.

EXHIBIT-P14: TRUE COPY OF THE LETTER DATED 24.12.2014 OF THE PETITIONER ADDRESSED TO THE SECRETARY, BAR COUNCIL OF INDIA.

EXHIBIT-P15: TRUE COPY OF THE APPLICATION DATED 24.12.2014 SUBMITTED BY THE PETITIONER TO THE BAR COUNCIL OF INDIA APPENDED TO EXHIBIT-P13.

EXHIBIT-P16: TRUE COPY OF THE LETTER DATED 21.1.2015 OF THE BAR COUNCIL OF INDIA ADDRESSED TO THE PRINCIPAL, NEHRU ACADEMY OF LAW. EXHIBIT-P17: TRUE COPY OF THE LETTER DATED 29.1.2015 OF THE PETITIONER ADDRESSED TO THE BAR COUNCIL OF INDIA.

EXHIBIT-P18: TRUE COPY OF GO(MS) NO.602/2013/H.EDN.DATED 7.9.2013 OF THE FIRST RESPONDENT.