IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 20561 of 2011(U) -------------------------- PETITIONER: --------------- TKM COLLEGE OF ENGINEERING KOLLAM,REP.BY THE CHAIRMAN OF THE GOVERNMENT BODY, SHAHAL H.SUALIAR BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: --------------- 1. UNIVERSITY OF KERALA REP.BY THE REGISTRAR, THIRUVANANTHAPURAM. 2. STATE OF OK KERALA, REP.BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01 ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 GOVERNMENT PLEADER SMT. REMANI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, ALONG WITH WPC NO. 21037 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 20561/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LIST OF COURSES SANCTIONED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION WITH INTAKE FOR THE ACADEMIC YEAR 2009-10. EXT.P2 TRUE COPY OF THE COMMUNICATION DATED 16.7.2009 GIVEN BY THE UNIVERSITY FOR THE INCREASE OF THE INTAKE FOR THE YEAR 2009-10. EXT.P3 TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER TO THE GOVERNMENT FOR GIVING SANCTION DATED 17.7.2009. EXT.P4 TRUE COPY OF THE AFFIDAVIT DATED 24.7.2009 GIVEN BY THE PETITIONER. EXT.P5 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO. 21037/09 DATED 30.7.2009. EXT.P6 TRUE COPY OF THE AGREEMENT DATED 1.8.2009 BETWEEN THE GOVERNMENT AND THE PETITIONER. EXT.P7 TRUE COPY OF THE G.O. (MS) NO. 128/09/H. Edn.. DATED 6.8.2009. WP(C) 20561/2011 :2: EXT.P8 TRUE COPY OF THE RELEVANT PAGE OF THE PROSPECTUS FOR ADMISSION TO MEDICAL, AGRICULTURE, VETERINARY, ENGINEERING AND ARCHITECTURE DEGREE COURSES 2011, KERALA. EXT.P9 TRUE COPY OF THE COMMUNICATION DATED 6.5.2011 GIVEN BY THE UNIVERSITY. EXT.P10 TRUE COPY OF THE RESOLUTION DATED 30.7.2009 OF THE STANDING COMMITTEE OF THE SYNDICATE. EXT.P11 TRUE COPY OF THE COMMUNICATION DATED 2.6.2011 GIVEN BY THE REGISTRAR. EXT.P12 TRUE COPY OF THE JUDGMKENT IN W.P.(C) NO. 15080/2011 DATED 17.6.2011. EXT.P13 TRUE COPY OF THE INSPECTION COMMITTEE REPORT. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. knc/- C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = W.P.(C) Nos. 21037/2009 & 20561 2011 = = = = = = = = = = = = DATED THIS, THE 16TH DAY OF AUGUST, 2011. J U D G M E N T C.N. Ramachandran Nair, J. In these connected writ petitions, the question raised is whether the petitioner is entitled to increase the intake of students in the Engineering Courses in Electronics and Communication Engineering from 50 to 60 or from 50 to 90. Admittedly, petitioner is an aided college which has got one batch of students with the strength of 50 in the above subject. Petitioner applied for increase in strength of students in the Engineering Course in the above subject from 50 to 90. University sent Expert Committee, which, after taking note of the educational facilities, vide Ext.P13, recommended that 40 more students can be permitted provided, two more members of the teaching staff are additionally made available from the second year onwards. Based on the recommendation of the Expert Committee, University issued orders vide Ext.P2 produced in W.P.(C) 20561/2011 increasing strength from 50 to 90. However, it is seen that the Syndicate decision communicated was wrong in as much as Syndicate, vide order dated 2.6.2011, approved further intake of only 10 more students, totalling the eligibility to 60 and following the communication by the University, Government issued Ext.P7 approving the intake of students by an additional number of 40. University has now communicated the decision to limit the additional strength to 10 totaling 60 students as against 90 permitted for 2009-2010 and 2010-2011. 2. Petitioner's prayer is to restore the additional strength originally granted ie. 40 as against 10 approved by the Syndicate and communicated later. Government Pleader appearing for the State submitted that the approval granted was based on University's order which stands now corrected by communicating the order of the Syndicate approving additional intake of 10 students. It is further pointed out on behalf of the Government that Government does not propose to increase the staff strength without which the petitioner cannot be allowed to take additionally more than 10 students. Standing Counsel for University submitted that the maximum strength of students in a batch is 60 and that is the reason why permission was granted for an additional intake of 10 students. According to the Standing Counsel for the University, if one more batch is permitted, students-teacher ratio will go down below the limit disentitling for affiliation. 4. Having heard both sides, we are of the view that the petitioner's claim cannot be allowed ie. to direct the University to permit additional intake of 40 students as against 10 granted unless Government grants approval for increasing staff strength. G.P. Submitted that Government does not propose increase in staff strength. Therefore, it is for the petitioner to think of starting a batch of students for self-finance course for which they have to arrange facilities and apply for NOC and affiliation. The writ petitions are disposed of declaring the above position; but with further declaration that the batches taken in 2009-2010 and 2010-2011 will be allowed to continue and the petitioner can give coaching with the existing staff strength. C.N. RAMACHANDRAN NAIR, (JUDGE). P.S. GOPINATHAN, (JUDGE) knc/-