IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 18620 of 2010(B) -------------------------- PETITIONER(S): --------------- FATHIMA MEMORIAL EDUCATIONAL TRUST, REPRESENTED BY ITS CHAIRMAN A.YOUNUS KUNJU, PALLIMUKKU, VADAKKEVILA P.O., KOLLAM-10. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI SRI.P.N.APPUKUTTAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT., HIGHER EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF CAMPUS, THIRUVANANTHAPURAM. 3. THE REGIONAL OFFICER, AICTE, SOUTH WESTERN REGIONAL OFFICE, BANGALORE UNIVERSITY CAMPUS, P.K.BLOCK, PALACE ROAD, BANGALORE-560 009. * ADDL.R4 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS HOUSING BOARD BUILDING, SAMITHI NAGAR, TRIVANDRUM. (ADDL.R4 IS IMPLEADED AS PER ORDER DT 14-7-2010 IN IA.9570/10) ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R2 SRI.S.KRISHNAMOORTHY, CGC FOR R3 GOVERNMENT PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2010, A/W WPC.5579/10 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` I.A. No. 10354 of 2010 in W.P.(C) No. 18620 of 2010 B ``````````````````````````````````````````````````````` Dated this the 22nd day of September, 2010 O R D E R Prayer sought for in this IA is a direction to the additional fourth respondent to allot the required number of students for being admitted in the 50% Government quota in the petitioner's Engineering College for the academic year 2010. 2. Admittedly, Ext.P21 sanction has been issued by the AICTE and Ext.P22 letter of consent has been issued by the University. Based on this, the administrative sanction has been granted by the Government on 04-09-2010 and an agreement has been entered into between the petitioner and the government. The only contention raised by the learned Government Pleader to resist the prayer of the petitioner for allotment of students is that by the time the aforesaid process was completed, model code of conduct has come into operation. Having regard to the background of this case and the facts noted, model code of conduct could not have stood in the way of the respondents and, therefore, I direct the additional fourth WPC.18620/10 : 2 : respondent to allot to the petitioner's college the students to the 50% government quota, if not already done. (ANTONY DOMINIC, JUDGE) aks Handover.