IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WA.No. 1579 of 2011() --------------------- AGAINST THE ORDER IN WPC.23183/2011 Dated 29/09/2011 .................... APPELLANT/PETITIONER ------------------------ ALL KERALA SELF FINANCING TEACHER EDUCATION COLLEGE PRINCIPALS ASSOCIATION (A/286/07), REP. BY ITS VICE PRESIDENT, DR.K.PEETHAMBARAN PILLAI, 62 YEARS, S/O.KRISHNA PILLAI, R/AT.'KARTHIKA' KARAVARAM, KALLAMBALAM PO, THIRUVANANTHAPURAM, PIN-695605. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS/RESPONDENTS: --------------- 1. PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. DIRECTOR, LBS CENTRE FOR SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM. 4. UNIVERSITY OF KERALA, REP. BY ITS REGISTRAR, THIRUVANANTHAPURAM. G.P. SMT.MEERA FOR R1&2 ADV. SRI.M.RAJAGOPALAN NAIR, SC FOR R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/10/2011, ALONG WITH WPC NO. 23183 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... Writ Appeal No.1579 of 2011 & W.P.(C) No.23183 of 2011 .................................................................... Dated this the 24th day of October, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. Appeal is filed against interim order of the learned Single Judge declining to order centralised allotment of students seeking admission to the B.Ed. course. During hearing of the Writ Appeal we felt the relief prayed for in the Writ Appeal is same as in the W.P.(C) and, therefore, we posted the W.P.(C) also along with the Writ Appeal for hearing. We have heard counsel for the appellant, Standing Counsel for the Kerala University and Government Pleader for the remaining respondents. 2. The appellant/petitioner relies on direction issued in Ext.P2 judgment wherein this court directed the Government to consider whether centralised allotment could be made covering University Centres as well. However, based on the direction Government considered the matter and vide Ext.P4 produced in the W.P.(C), the 2 Government stated that University is enjoying academic autonomy and so much so, Government cannot interfere with the admissions given by them. After hearing counsel appearing for all, what we notice is that there is scarcity for students seeking admission for B.Ed. course probably because of saturation of people with B.Ed. without employment. The Kerala University itself has got a capacity to absorb 1200 students in 10 centres. According to the University, being an autonomous institution, they are entitled to invite applications and admit students independent of centralised selection and allotment of students by the Government to Government Colleges, Aided Colleges as well as to Self-Financed Colleges. We do not think the appellant/petitioner-Association can oppose University's entitlement to admit students seeking admission in the University Centres. In fact, admission to a particular institution is essentially choice of the students and it is upto them to apply for admission in the University Centres, in Government Colleges, in Aided Colleges or in Self-Financed Colleges. Admission is based on marks obtained in the qualifying examination and based on marks obtained students can themselves expect which 3 college they can get admission. Therefore, students seeking admission to University Centres consciously want to join University Centres. So much so, we do not think their freedom can be interfered with by the Government by bringing them also under centralised system for allotment to Government and private colleges, both Aided and Self- Financed. It is for the petitioner/appellant to improve their institutions which alone can attract students. Further, the petitioner/appellant's colleges are Self-Financed institutions where fees structure and other costs are higher than University Centres and so much so, we do not think students who desire to join University Centres can be compelled to apply for admission in Self-Financed Colleges. We see no merit in the W.P.(C) as well as Writ Appeal and the same are accordingly dismissed. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms