Kerala High Court
Lisha V.S vs The Principal Secretary on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 28254 OF 2022
PETITIONER:
LISHA V.S.
AGED 44 YEARS
W/O. HITHESH KUMAR K. M., MANAGER, IDEAL TECHNICAL
INSTITUTE, PARAPPIL ROAD, PERAMBRA- 673571, KOZHIKODE
DISTRICT.
BY ADV P.V.MOHANAN
RESPONDENTS:
1 THE PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
2 THE DIRECTOR,
DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-
695 001.
3 THE ASSISTANT DIRECTOR,
REGIONAL OFFICE OF TECHNICAL EDUCATION DEPARTMENT,
MALAPPARAMBU P.O., KOZHIKODE-673009.
4 THE MANAGER,
ELECTRO TECHNICAL INSTITUTE, NEAR CM MASJID, CHINOLI
ROAD, PERAMBRA, KOZHIKODE-673597.
BY ADVS.
U.P.BALAKRISHNAN U P
ABDUL RAOOF PALLIPATH(K/920/1998)
C.H.ABDUL RASAC(K/912/2005)
OTHER PRESENT:
GP - BIMAL K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 28254 of 2022 :2:
VIJU ABRAHAM , J.
===========================
WP(C) No. 28254 of 2022
============================
Dated this the 27th day of June, 2023
JUDGMENT
The above writ petition is filed aggrieved by Ext P9 order issued
by the 1st respondent, whereby two courses were sanctioned in
favour of the 4th respondent institute, as per Ext P9 order.
2. Petitioner is the manager of 'Ideal Technical Institute'
located in Perambra Grama Panchayat which was started in the year
2002. The 4th respondent institute is functioning at a distance of only
700 meters away from the petitioner's institute. Ext P6 Government
order is in respect of sanctioning of new KGCE institution, which
mandates that in rural area/panchayat KGCE institution shall not be
sanctioned with an approximate distance of 5 kms from an existing
institute. Based on the said Government order it is contended that
the 4th respondent is functioning in violation of the conditions
contained in the said Government order.
3. While so, the 4th respondent attempted to commence new
KGCE courses in Civil Engineering and Automobile Engineering. On
coming to know about the same, the petitioner submitted Ext P7
representation before the 2nd respondent requesting not to allow
starting of new courses by the 4th respondent in Civil Engineering and
Automobile Engineering as it will adversely affect the functioning of
the institution run by the petitioner. Pursuant to the same the Joint
Director conducted an inspection in both the institutes and Ext P8
report has been submitted. Petitioner contend that the Government
has entrusted the Kerala Statistical Institute to conduct a detailed
study of KGCE institutions and the said institute has recommended
that strict adherence of distance norms of 10 kms in Panchayats, 5
kms in Municipalities and 3 kms in Corporations may be ensured in
case of sanction of a new institution/course. Petitioner submits that
by exerting undue influence on the Government, the 4 th respondent
managed to obtain Ext P9 order whereby two courses were
sanctioned having 30 seats capacity in civil engineering and
automobile engineering. Petitioner based on Ext P6 order by which a
distance criteria has been fixed for starting of a new institution,
submits that the 4th respondent is functioning in violation of the
same. Petitioner has a further contention that in Ext P12 inspection
report in connection with grant of sanction of two courses to the 4 th
respondent, only existence of ITI Perambra was mentioned and the
name of the petitioner's institution is not mentioned.
4. A detailed counter affidavit has been filed by the 4 th
respondent in which it is contended that he has started the institute
in 2004. A survey was conducted by the Higher Education
Department through the Kerala Statistical Institute in respect of the
KGCE institutions, and a report has been submitted. Government has
later come up with Ext R4(e) Government order wherein there is no
restriction provided regarding any distance criteria for sanctioning of
a new institute/course. A perusal of Ext P9 would reveal that two
courses have been sanctioned based on Ext R4(e) Government order.
5. 4th respondent further submits that on an application
submitted by him under the Right to Information Act seeking
information regarding the distance criteria in granting permission for
additional KGCE courses in a running institution, a reply was given
vide Ext R4(4) wherein it is intimated that no such distance criteria
has been fixed. It is contended that though by Ext R4(2) Government
order Government decided to restructure the KGCE courses in the
State from the academic year 2019-20 onwards, Government did not
prescribed any distance criteria in the said order, and thereupon by
Ext P9, courses were sanctioned to the 4 th respondent. The 4th
respondent also relies on Ext R4(5) judgment of this Court in WP(C)
No. 13014/2022 in support of his contentions.
6. The 2nd respondent has also filed a detailed counter
affidavit wherein it is stated that in Ext R4(2) Government order
dated 08.05.2019, none of the recommendation of the Kerala
Statistical Institute regarding the distance restriction is seen
reflected. It is also submitted that it is based on Ext R2(d) and R2(e)
reports that the Government decided to grant sanction for two
courses as per Ext P9 order.
7. The question to be considered in this writ petition is as to
whether an additional course could be granted to an institute
violating the distance norms as provided in Ext P6 Government order.
A perusal of Ext P6 would reveal that the said Government order is
regarding sanction of a new KGCE institution wherein a distance
criteria of 5 kms was fixed in rural/Panchayat area for starting a new
institute. Admittedly the petitioner's institute was established in the
year 2002 and that of the 4 th respondent in 2004, but no complaint
whatsoever was raised based on Ext P6 against the sanction of a new
institute in favour of the 4th respondent. Petitioner has raised
objection only when an additional course have been sanctioned to
the 4th respondent. In view of the fact that Ext P6 Government order
is dated 2002 and that the 4 th respondent has started the institution
in the year 2004 and further that till date no challenge has been
made regarding the sanctioning of the 4 th respondent institute, I am
not inclined to accept the contention of the petitioner based on Ext
P6, especially when Ext P6 only refers to starting of a new institute
and not grant of additional courses in an existing institution. Even
though the petitioner relies on the report submitted by the statistical
institute as directed by the Government to study into the existing
KGCE institutions, while Government issued Ext R4(2) order no
distance criteria has been fixed in the said order. Furthermore, Exts
R4(3) and R4(4) would reveal that no distance criteria has been fixed
in respect of starting of additional courses in an existing institution in
a Panchayat/Municipality/Corporation. Though Ext R4(5) judgment in
WP(C) No. 13014/2022 is in respect of an institute which is working in
an urban area for which no distance criteria has been fixed as per Ext
P6, this Court refering to Ext P7, which is the new Government order,
produced as Ext R4(2) in this writ petition, has entered a finding that
no distance criteria has been fixed against sanctioning of a new
course within 5 kms of the existing institution.
In view of the discussion as above, I find no reason to interfere
with Ext P9 order and the above writ petition is accordingly
dismissed.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
APPENDIX OF WP(C) 28254/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO
RAU2/86/2014/RDTE DATED 3.06.2015
Exhibit P2 TRUE COPY OF THE ORDER RP2/2174/2015/RTDE
DATED 28.9.2015.
Exhibit P3 TRUE COPY OF THE GO (RT) NO 1677/2016/HEDN
DATED 29.6.2016.
Exhibit P4 TRUE COPY OF THE ORDER RACM/114/18/RTDEKZ
DATED 7.5.2018.
Exhibit P5 TRUE COPY OF THE ORDER RACM/693/18/RTDEKZ
DATED 19.5.2018
Exhibit P6 TRUE COPY OF THE GO (RT) NO
1220/2002/H.EDN DATED 17.9.2002
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
12.1.21.
Exhibit P8 TRUE COPY OF THE REPORT DATED 3.9.21
RECEIVED UNDER RTI ACT.
Exhibit P9 TRUE COPY OF THE GO (RT) NO 1267/2022/HEDN
DATED 23.8.2022.
RESPONDENT EXHIBITS
Exhibit R4(2) copy of the GO No. 125/2019/HEDN dated
08.05.2019
Exhibit R4(3) The information sought from the Technical
Education Directorate dated 27.04.202
exhibit R4(4) he information received from the Technical
Education Directorate dated 29.06.2021
Exhibit R4(5) copy of the judgment dated 15.06.2022 in
WP (c) No. 13014 of 2022
Exhibit R4(1) Order of Higher Education Department No.
1267/2022/HEDN dated 23.08.2022
PETITIONER EXHIBITS
Exhibit P10 TRUE COPY OF THE ORDER NO 4/2054/21DTE
DATED 23.3.2021.
Exhibit P11 TRUE COPY OF THE PROCEEDINGS NO
/1516/21/RDTEKZ DATED 23.9.2021.
Exhibit P12 TRUE COPY OF THE EXTRACT OF THE REPORT.
RESPONDENT EXHIBITS
Exhibit R2(a): True copy of the report of by the kerala
statistical Institute,Thiruvananthapuram
submitted to the Higher Education
Department of Kerala
Exhibit R2(b): True copy of the
GO(MS)125/2019/H.Edn.Dated 08.05.2019
Exhibit R2(c): True copy of the judgment in WP(C)No.13014
of 2022 dated 15th june 2022 this
Honourable High Court
Exhibit R2(d): True copy of the order No.C4/3476/20/DTE
dated 27.02.2020
Exhibit R2(e): True copy of the Letter No.A8/2155/2020
dated 09.02.2021
Exhibit R2(f): True copy of the G.O(Rt)No.1267/2022/H.Edn
dated 23.08.2022
