IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WA.No. 2074 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33550/2004 Dated 05/03/2007 .................... APPELLANTS/RESPONDENTS 1 AND 2: ----------------------------------------------------------- 1. THE DIRECTOR OF TRAINING DEPARTMENT OF INDUSTRIAL TRAINING, THYCAUD, THIRUVANANTHAPURAM. *( 2. DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING, NATIONAL COUNCIL FOR VOCATIONAL TRAINING (NCVT), MINISTRY OF LABOUR, GOVERNMENT OF INDIA, NEW DELHI.) D E L E T E D *THE NAME AND ADDRESS OF THE 2ND APPELLANT IS DELETED AND TRANSPOSED AS 2ND RESPONDENT AS PER ORDER DTD. 23/10/07 IN I.A.NO.857/07. BY GOVERNMENT PLEADER SMT. K. MEERA RESPONDENTS/PETITIONERS AND 3RD RESPONDENT: ----------------------------------------------------------------------------------- 1. ANTONY JOSEPH, MALOTH, THELLAKOM, KOTTAYAM DISTRICT. *A2 TRANSPOSED AS R2: R2. DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING, NATIONAL COUNCIL FOR VOCATIONAL TRAINING (NCVT), MINISTRY OF LABOUR, GOVERNMENT OF INDIA, NEW DELHI. 3. JAYASANKAR, SREELAKSHMI, THEERTHAPADAPURAM, VAZHOOR VILLAGE, KOTTAYAM DISTRICT. 4. KALESH KUMAR, KALA NIVAS, ANIKAD, KOTTAYAM DISTRICT. Kss ..2/- ....2...... W.A.NO.2074/2007 5. SUJITH V.S., SUJEENDRAN, THEERTHAPADAPURAM, VAZHOOR VILLAGE, KOTTAYAM DISTRICT. 6. TINTU KURIAKOSE, KAVEKAROTTU, PARAMPUZHA, KOTTAYAM DISTRICT. 7. THE PRINCIPAL, ST.MARY'S, INDUSTRIAL TRAINING CENTRE, MANARKAD, KOTTAYAM. R1,R3 TO R5 BY ADV. MR.SHAHUL HAMEED MOOPPAN R2 BY ADV.MR.P.MURALEEDHARAN, ADDL.CGSC R6 BY ADV.K.M.VARGHESE THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/03/2009 ALONG WITH W.A.NO.2116 OF 2007 AND W.A.NO.360 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy,Ag.C.J. & M.C.Hari Rani, J. ---------------------------------------- W.A. Nos.2074 & 2116 of 2007 and 360 of 2009 ---------------------------------------- Dated this the 2nd day of March, 2009 Judgment Koshy, Ag.C.J. These appeals are filed against the common judgment passed by the learned single Judge. Only two cases were disposed of by the common judgment. The Director General of Employment and Training, New Delhi filed appeal W.A. No.360 of 2009 only in one case and the appeal was filed only in 2009. The other appeals were filed by the State. Writ petitioner was granted affiliation for the course in 2000. For the course in 2001, the learned Judge directed that admission to surveyor course in July, 2001 also should be granted and those students also should be admitted for the very same reasons stated in Ext.P1. The direction of the learned Judge for the courses in future years is as follows: “..... If the management wants, they can continue to admit 19 students (one unit) every year for the same course under Ext.P1, as long as the affiliation stands.” W.A. Nos.2074 & 2116/2007 & 360/2009 2 The above sentence would show that further admissions can be made only if the affiliation continues. In the above circumstances, no relief can be granted regarding the question of admission of 2001 in an appeal filed in 2009. With regard to future years, if affiliation is not given, writ petitioner cannot admit any students. 2. The contention in W.A.No.360 of 2009 is that there is no affiliation now. With regard to the future course, it is stated that they can continue to admit students under Ext.P1 as long as affiliation stands. If there is no affiliation, they cannot admit students after 2001. There are no grounds for interfering with the impugned judgment and all the appeals are dismissed. J.B.Koshy Acting Chief Justice M.C. Hari Rani Judge vaa