IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 23345 of 2011(P) -------------------------- PETITIONER(S): -------------------- NARAYANAN & VAIDYANATHAN CHARITABLE AND EDUCATONAL TRUST, REPRESENTED BY ITS MANAGING TRUSTEE, NARAYANA TOWERS, VAZHUTHAKKAD, THYCAUD P.O, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR RESPONDENT(S): --------------------- 1. VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695001. 2. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM 695001. 3. COMMISSI0NER OF ENTRANCE EXAMINATION, OFFICE OF COMMISSIONER OF ENTRANCE EXAMINATION, THIRUVANANTHAPURAM 695001. 4. PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001. SR.GOVT.PLEADER SRI.P.N.SANTHOSH SRI.M.RAJAGOPALAN NAIR, SC FOR UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23345/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE JUDGMENT DATED 15.3.2011 INW PC NO.5260/11 EXT.P2: TRUE COPY OF THE LETTER OF INTENT DT 16.12.2010 FOR THE DISCIPLINE OF BACHELOR OF ARCHITECTURE. EXT.P3: TRUE COPY OF THE LETTER OF INTENT DT 30.3.2011 FOR BACHELOR OF ARCHITECTURE (INTERIOR DESIGN) AND BACHELOR OF ARCHITECTURE (CONSTRUCTIONT ECHNOLOGY). EXT.P4: TRUE COPY OF THE LETTER OF CONSENT OF UNIVERSITY DT 28.5.2011. EXT.P5: TRUE COPY OF THE LETTER OF APRPOVAL OF THE COUNCIL OF ARCHITECTURE DT 9.6.11 EXT.P6: TRUE COPY OF APPROVAL GRANTED BY ALL INDIA COUNCIL FOR TECHNICAL EDUCATIOND T 13.7.11. EXT.P7: TRUE COPY OF RECOMMENDATIONLETTER DT 15.6.11 by the DIRECTOR OF THE TECHNICAL EDUCATION. EXT.P8: TRUE COPY OF ORDER DT 4.7.11 ACCORDING SANCTION BY THE GOVERNMENT. EXT.P9: TRUE COPY OF THE MINIMUM STANDARDS OF ARCHITECTURAL EDUCATION, 2008. EXT.P10: TRUE COPY OF THE NOTICE DT 22.7.11 FOR CONVENING THE MEETING OF FAULTY OF ENGINEERING ANDBOARD OF STUDIES ONENGINEERING. EXT.P11: TRUE COPY of REGULATION OF BACHELOR OF ARCHITECTURE (2008 SCHEME) OF UNIVERSITY OF KERALA. WPC NO.23345/ 11 -2- EXT.P12: TRUE COPY OF THE VALUATION CERTIFICATE DT 6.7.11. EXT.P13: TRUE COPY OF COMMUNICATIION DT 28.7.11 FROM UNIVERSITY. EXT.P14: TRUE COPY OF THE NO OBJECTIONC ERTIFICATE DT 29.7.11 BY GOVERNMENT. EXT.P15: TRUE COPY OF JUDGMENT DT 2.8.11 INWPC NO.20711/2011. EXT.P16: TRUE COPY of ATTENDANCE OF WORKSHOP ON 5.8.2011. EXT.P17: TRUE COPY OF SCHEDULE OF SECOND ALLOTMENT BY COMMISSIONER OF ENTRANCE EXAMINATION. EXT.P18: TRUE COPY OF JUDGMENT DT 10.8.11 IN A NO.1176/11. EXT.P19: TRUE COPY OF AGREEMENT DT 19.8.11. EXT.P20: TRUE COPY OF AGREEMENT DT 19.8.11. EXT.P21: TRUE COPY of LETTER OF UNDERTAKING DT 19.8.2011. EXT.P22: TRUE COPY OF LETTER OF UNIVERSITY DT 16.8.2011 CHELAN. EXT.P23: TRUE COPY OF CHELANNO.86705 DT 18.8.11 REGARDING AFFILIATION FEE. EXT.P24: TRUE COPY OF CHELANNO.86709 DT 18.8.11 REGARDING ADMINISTRATION FEE. EXT.P25: TRUE COPY OF DEMAND DRAFT DT 18.8.11. EXT.P26(a): TRUE COPY OF APPOINTMENT LETTER DATED 10.1.11. WPC NO.23345/11 -3- EXT.P26(b): TRUE COPY OF APPOINTMENT LETTER DATED 25.7.11 EXT.P26(c): TRUE COPY OF APPOINTMENT LETTER DATED 16.8.11. EXT.P26(d): TRUE COPY OF APPOINTMENT LETTER DATED 8.7.11. EXT.P26(e): TRUE COPY OF APPOINTMENT LETER DT 8.7.11. EXT.P26 (f): TRUE COPY OF APPOINTMENT LETTER DT 8.7.11. EXT.P26(g): TRUE COPY OF APPOINTMENT LETTER DT 8.7.11. EXT.P27(a): TRUE COPY OF UNDERTAKING DT 9.5.11. EXT.P27(b): TRUE COPY OF UNDERTAKING DT 10.5.11. EXT.P27(c): TRUE COPY OF UNDERTAKING DT 11.5.11. EXT.P27(d): TRUE COPY OF UNDERTAKING DT 12.5.11. EXT.P27(e): TRUE COPY OF UNDERTAKING DT 23.5.11. EXT.P28: TRUE COPY OF PROVISIONAL AFFILITION FOR BACHELOR OF ARCHITECTURE WITH AN INTAKE OF 40 STUDNETS DT 22.8.11. EXT.P29: TRUE COPY OF LETTER OF CONVERSION OF APPROVAL OF COUNCIL OF ARCHITECTURE DT 23.8.11. EXT.P30: TRUE PHOTOGRAPHS SHOWING THE PREMISES OF THE COLLEGE. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23345 OF 2011 ===================== Dated this the 26th day of August, 2011 J U D G M E N T Petitioner is a Trust, which has established educational institutions including one in the field of Architecture. 2. In this writ petition, the grievance of the petitioner is that against its application for affiliation for the course of Bachelor of Architecture with an annual intake of 120 in three batch of 40 students each, the University has by Ext.P28 order dated 22/8/11, granted affiliation only for one batch with an intake of 40 students for the academic year 2011-12. 3. Petitioner states that the Council of Architecture, the Apex body created under the Architects Act, 1972 have issued Ext.P29 order dated 23rd of August, 2011. By this order, the original approval granted by Ext.P5 has been changed and the approval has been modified as mentioned in Ext.P29, which shows that the petitioner is entitled to have the course conducted with an annual intake of 120 students. It is further stated in this order that the classes should be conducted concurrently in three batches of 40 students in each batch. On this basis, it is WPC No. 23345/11 :2 : contended that Ext.P29 deserves to be modified permitting the petitioner to conduct the classes as allowed by Ext.P29 order. 4. Evidently, when Ext.P28 was issued by the University on 22/8/11, Ext.P5 was in force, which permitted the petitioner to admit students in Bachelor of Architecture with an intake of 40 students only. Now that Ext.P29 modifying Ext.P5 has been issued only on 23/8/11, necessarily it is for the petitioner to produce Ext.P29 with necessary application before the 1st respondent and it is for the 1st respondent to pass orders on such application. 5. Therefore, I leave it open to the petitioner to produce Ext.P29 with appropriate application seeking additional affiliation enabling the petitioner to admit 80 additional students. It is directed that, if such an application is received, the Vice Chancellor shall, having regard to the urgency pointed out, pass orders thereon, on the same day itself. 6. Petitioner shall produce a copy of this judgment along with the application before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp