Aryanet Trust vs State Of Kerala
2024 Latest Caselaw 17000 Ker

Citation : 2024 Latest Caselaw 17000 Ker
Judgement Date : 20 June, 2024

Kerala High Court

Aryanet Trust vs State Of Kerala on 20 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
                    WP(C) NO. 13015 OF 2018
PETITIONER:
          ARYANET TRUST, KATAMPAZHIPURAM, PALAKKAD-678633,
          REPRESENTED BY ITS TRUSTEE V. KRISHNANKUTTY.
          BY ADVS.
          SRI.K.P.DANDAPANI (SR.)
          SRI.MILLU DANDAPANI

RESPONDENTS:
    1     STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
          SECRETARY TO GOVERNMENT,HIGH EDUCATION
          DEPARTMENT, GOVERNMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    2     THE DIRECTOR OF TECHNICAL EDUCATION
          THIRUVANANTHAPURAM-695001.
    3     ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
          REPRESENTED BY ITS SECRETARY, NELSON MANDELA
          MARG,VASANTH KUNJ, NEW DELHI-110017.
    4     APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
          REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
          THIRUVANANTHAPURAM-695016.
    5     UNIVERSITY OF CALICUT, REPRESENTED BY ITS
          REGISTRAR,THENJIPPALAM,MALAPPURAM DISTRICT673635.
          BY ADVS.
          SRI.SAJITH KUMAR V.
          Sri.ELVIN PETER, SC, APJ ABDUL KALAM
          TECHNOLOGICAL UNIVERSITY
          SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY

OTHER PRESENT:
          SRI.RIYAL DEVASSY, GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C).13015/2018
                                                  2




                   P. V. KUNHIKRISHNAN, J.
                -------------------------------------------
                       W.P(C).No.13015 of 2018
                -------------------------------------------
                Dated this the 20th day of June, 2024

                                 JUDGMENT

The above Writ Petition is filed with the following prayers:

(i) issue a writ of mandamus or any other appropriate writ, order or directions directing the 4th Respondent University to consider Ext. P4 application for issuance of NOC and Ext.P9 application for closure certificate and the 5 th Respondent University to consider Ext. P5 application for issuance of NOC and Ext.Pl application for closure certificate and issue the respective certificates without any further delay.

(ii) Issue a writ in the nature of certiorari and other appropriate writ, order or direction calling for the records leading to Ext.P11 and quash the same.

(iii) Issue a writ in the nature of a declaration declaring that Ext.P11 government letter placing reliance on Ext.P12 policy is bad since Ext.P12 is already held bad by this Hon'ble Court in 2017 (3) KHC 965.

W.P(C).13015/2018

(iv) issue a writ in the nature of declaration declaring that NOC of University is not required, if the views are not given in time, as per the decisions in 2000(5) SCC 231and 2012(4) KLT 444 for the purpose of considering Ext. P3 application for approval for conversion of degree level institute to diploma level by AICTE.

(v) issue such other writ, order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case. And

(vi) award costs [SIC]

2. When this Writ petition came up for consideration on

13.07.2018, this Court passed the following order:

'The petitioner is a Trust. The petitioner runs an Engineering College by name 'Aryanet Institute of Technology', Palakkad. The petitioner wants to close down the college and convert it to a Polytechnic. To establish a Polytechnic, the petitioner may not require No Objection Certificate. But, for the purpose of closing down the college, the petitioner requires No Objection Certificate in the light of AICTE manual.

2. Therefore, this Court is of the view that the petitioner shall approach the Government for obtaining No Objection Certificate to close down the college.

W.P(C).13015/2018

If the petitioner approaches the Government, the Government shall take appropriate decision within a period of ten days thereon.

Post after two weeks.'

3. In the light of the above order, no further direction is

necessary. Recording the order dated 13.07.2018, this Writ Petition

is disposed of.

Sd/-

P. V. KUNHIKRISHNAN JUDGE

Sbna/ W.P(C).13015/2018

APPENDIX OF WP(C) 13015/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RESOLUTION PASSED IN THE DIRECTOR BOARD MEETING HELD DTD.9.12.2017. EXHIBIT P2 TRUE COPY OF THE CIRCULAR DTD.17.1.2018 ISSUED BY 4TH RESPONDENT UNIVERSITY. EXHIBIT P3 TRUE COPY OF THE APPLICATION DTD.

15.2.2018 SUBMITTED AS PER THE APPROVAL PROCESS HANDBOOK 2018-19.

EXHIBIT P4 TRUE COPY OF THE APPLICATION BY EMAIL DTD.

20.2.2018 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT UNIVERSITY. EXHIBIT P5 TRUE COPY OF THE APPLICATION DTD.26.3.2018 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT UNIVERSITY FOR ISSUANCE OF NOC. EXHIBIT P6 TRUE COPY OF THE STATEMENT FILED BY THE STANDING COUNSEL FOR THE 3RD RESPONDENT HEREIN IN WP(C) NO.9907 OF 2018.

EXHIBIT P7          TRUE COPY OF THE STATEMENT FILED ON BEHALF
                    OF     THE     4TH      RESPONDENT     HEREIN
                    DTD.26.3.2018.
EXHIBIT P8          TRUE COPY OF THE REQUEST SUBMITTED BEFORE

THE 4TH RESPONDENT DTD.3.4.2018. EXHIBIT P9 TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE 5TH RESPONDENT DTD. 1.4.2018. EXHIBIT P10 TRUE COPY OF THE REPORT OF THE SCRUTINY COMMITTEE UPLOADED BY AICTE.

EXHIBIT P11 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.L2-62/2018/H.EDN. DTD. 20.3.2018. EXHIBIT P12 TRUE COPY OF THE G.O(M.S) NO.178/2016/H.EDN.DT.22.08.2016. EXHIBIT P13 TRUE COPY OF THE ORDER ISSUED BY THIS HON'BLE COURT IN WP(C) NO.5021/2018 DTD.16.2.2018.