IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 27177 of 2011(V) --------------------------------------- PETITIONER(S): ------------------------- THE MANAGER, SNM INSTITUTE OF MANAGEMENT AND TECHNOLOGY, MALIANKARA, MOOTHAKUNNAM P.O., NORTH PARAVUR, ERNAKULAM DISTRICT-683 516. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM-PIN-695 001. 2. THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES, RAM MOHAN PALACE, KOCHI-682 031, REPRESENTED BY ITS MEMBER SECRETARY. 3. THE COMMISSIONER OF ENTRANCE EXAMINATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, TRIVANDRUM-695 001. 4. MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM-686 560, REPRESENTED BY ITS REGISTRAR. R1 & R3 BY GOVERNMENT PLEADER SRI.MOHAMMED SHAH R4 BY ADV.SRI.T.A.SHAJI,SC, MG UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.27177/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1- TRUE COPY OF THE SANCTIONED ORDER DATED 01/09/2011 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE) EXHIBIT-P2- TRUE COPY OF THE G.O(RT)NO.1445/2011/H.EDN. DATED 06/09/2011 ISSUED BY THE FIRST RESPONDENT. EXHIBIT-P3- TRUE COPY OF THE AGREEMENT DATED 13/09/2011 EXHIBIT-P4- TRUE COPY OF THE G.O(MS)NO.238/11/H.EDN. DATED 26/09/2011 ISSUED BY THE FIRST RESPONDENT. EXHIBIT-P5- TRUE COPY OF THE ORDER NO.U.O NO. 5474/11/AC AVII DATED 07/10/2011 ISSUED BY THE 4TH RESPONDENT. EXHIBIT-P6- TRUE COPY OF THE G.O(MS)NO.142/11/H.EDN. DATED 19/08/2011. EXHIBIT-P7- TRUE COPY OF THE JUDGMENT DATED 10/10/2011 IN W.P(C)NO.26165/2011 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J ....................................................... W.P.(C).27177/2011 .............................................. Dated this the 19th day of October, 2011 JUDGMENT Petitioner is a Self Financing Engineering College. Ext.P1 is the proceedings of the AICTE granting approval to the College. Ext.P4 is the NOC issued by the Government and Ext.P5 is an order of affiliation issued by the University, enabling the petitioner to commence courses from the academic year 2011-12 onwards, in the disciplines B.Tech Civil Engineering and B.Tech Mechanical Engineering with 60 seats each. In the meantime, petitioner has also entered into Ext.P3 agreement with the Government on 13.9.2011. However, by the time the process of affiliation was completed, the last allotment by the Commissioner of Entrance Examination was over on 4.10.2011 and the admissions are stated to have been completed on 15.10.2011. It is in these circumstances, the writ petition has been filed seeking an order permitting the petitioner to fill up the seats by conducting spot admission. 2. Learned counsel for the petitioner places reliance on Ext.P7 judgment of this Court where similar relief was granted in respect W.P.(C).27177/11 2 of the petitioner therein, for filling up the unfilled seats. 3. When the matter came up for orders on 14.10.2011, it was adjourned with a direction to the learned Government Pleader to obtain instructions in the matter. The Government Pleader, on instructions, submits that as the last allotment is also over, no further allotment by the third respondent is possible. 4. Thus, this case discloses a situation where the College has been granted affiliation to commence courses from the academic year 2011-12 and that as the cut of date for completing the admission specified by the University is 31.10.2011, no allotment is possible by the third respondent. In such circumstances, unless the seats are permitted to be filled up by the petitioner, it will be a colossal or national waste and will be of no benefit to anyone. 5. Therefore, I direct that the petitioner will be free to admit students levying fees that are applicable to the students allotted by the third respondent, subject to the condition that the students W.P.(C).27177/11 3 satisfy all the eligibilities for admission specified by the third respondent and also on condition that the process of admission shall be completed before the expiry of the time permitted by the University. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs The words “third respondent” occurring in lines 4 and 5 of paragraph 5 of the judgment dated 19/10/2011 in W.P.(C). 27177/2011 are corrected and substituted as “fourth respondent”, vide order dated 08/11/2011 in I.A.16952/2011.