Fathima Memorial Educational Trust v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 WP(C).No. 26961 of 2015 (U) ------------------------------------- PETITIONER:

-------------------- FATHIMA MEMORIAL EDUCATIONAL TRUST REPRESENTED BY ITS CHAIRMAN, A YOUNUS KUNJU PALLIMUKKU, VADAKKEVILA P O, KOLLAM 10 BY ADVS.SRI.M.R.ANISON SMT.K.P.GEETHA MANI SMT.P.A.RINUSA SMT.ANNIE JACOB SRI.AUGUSTUS BINU RESPONDENTS:

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1. STATE OF KERALA REP BY ITS SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVT. SECRETARIAT THIRUVANANTHAPURAM 695001

2. THE UNIVERSITY OF KERALA REP BY ITS REGISTRAR, UNIVERSITY CAMPUS THIRUVANANTHAPURAM 695001

3. THE NATIONAL COUNCIL FOR TEACHER EDUCATION REP BY ITS REGIONAL DIRECTOR SOUTHERN REGIONAL COMMITTEE, IST FLOOR, CSD BUILDING HMT POST, BANGALORE 560031 R1 BY GOVERNMENT PLEADER SMT. SANJEETHA K.A.

R2 BY SRI.BECHU KURIAN THOMAS, SC, UNIVERSITY OF KERALA R3 BY SRI.V.M.KURIAN, SC, SRC-NCTE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.

26961 of 2015 (U) ----------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE MINORITY CERTIFICATE DTD 11/12/2007 P2:- TRUE COPY OF THE ORDER DTD 29/5/2009 ISSUED BY THE NCTE SANCTIONING ADDITIONAL 100 SEATS P3:- TRUE COPY OF INTERIM ORDER DTD 16/6/2010 IN WPC NO 17675/2010 P4:- TRUE COPY OF THE ORDER DTD 8/9/2010 ISSUED BY THE UNIVERSITY ACCORDED SANCTION FOR 200 SEATS P5:- TRUE COPY OF RELEVANT PAGES OF NCTE REGULATION 2014 ISSUED AS PER NOTIFICATION DTD 28/11/2014 ISSUED BY THE 3RD RESPONDENT P6:- TRUE COPY OF THE ORDER DTD 13/5/2015 ISSUED BY THE NCTE SANCTIONING 100 SEATS DURING 2015-16 P7:- TRUE COPY OF RELEVANT PAGES OF THE PROSPECTUS ISSUED BY THE UNIVERSITY ALONG WITH NOTIFICATION DTD 20/5/2015 P8:- A TRUE COPY OF REPRESENTATION DTD 25/5/2015 SUBMITTED BEFORE THE UNIVERSITY P9:- TRUE COPY OF REPRESENTATION DTD 20/7/2015 SUBMITTED BEFORE THE UNIVERSITY P10:- TRUE COPY OF THE REPRESENTATION DTD 2/7/2015 SUBMITTED BEFORE THE HON'BLE MINISTER FOR EDUCATION P11:- A TRUE COPY OF THE LETTER DTD 30/7/2015 ISSUED BY THE GOVT P12:- A TRUE COPY OF THE LETTER DTD 21/7/2015 ISSUED BY THE UNIVERSITY P13:- A TRUE COPY OF THE CERTIFICATE OF ACCREDITATION ISSUED BY THE NAAC RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.

A.

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 26961 OF 2015 ---------------------------------------- Dated this the 17th day of September, 2015

JUDGMENT

Heard the Government Pleader for the first respondent, Standing Counsel Sri. Bechu Kurian Thomas for the second respondent and Standing Counsel Sri. V.M. Kurian for the third respondent.

2.

There is justification in the contention of the petitioner that the dictum laid down in the following cases have not been followed in passing Ext. P12 decision:- i) State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Others [(2006) 9 SCC 1] ii) Vikram Sarabhai Ednl. Trust and B.Ed.

College v. University of Calicut and Another [2008 (2) KHC 647] and iii) Maa Vaishno Devi Mahila Mahavidyalaya v.

State of Uttarpradesh and Others [(2013) 2 SCC 617] 3.

The second respondent on the other hand relies on Chairman, Bhartia Education Society and Another v. State of Himachal Pradesh and Others [(2011) 4 SCC 527]. The fact remains that all aspects of the matter

W.P.(C). NO. 26961 OF 2015 2 have not been adverted to by the second respondent. 4.

I quash Ext. P12 decision to enable a fresh decision to be taken on Exts. P8 and P9 representations. The same shall be done with notice to the petitioner within a period of one month.

The writ petition is allowed. No costs.

V. CHITAMBARESH JUDGE