NIRMALA EDUCATIONAL TRUST Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is running a Polytechnic by name Nirmala Institute of Technology, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 to grant necessary approval/affiliation to the Diploma Courses approved by All India Council for Technical Education (AICTE) as per Ext.P5 approval order dated 30.04.2020 issued by the 5th respondent AICTE; a writ of mandamus commanding respondents 2 to 4 to conduct inspection in their institution and to satisfy all infrastructure facilities to grant provisional affiliation for the new Diploma Courses, namely, Automobile Engineering; and Electrical and Electronics Engineering for the current academic year 2020-21 itself; a writ of mandamus commanding respondents 2 and 4 to include the petitioner's institution in the centralized process of allotment in the prospectus for admission to the polytechnic in all five Diploma Courses approved by AICTE in Ext.P5 approval order and to allow the petitioner institution to admit the students for those Diploma Courses for the current academic year itself; and a declaration that the 2nd respondent is bound to issue necessary affiliation for conducting Diploma Courses in the petitioner's institution, as approved by the 5 th respondent in Ext.P5.

(2.) On 02.07.2020, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for respondents 1 to 4 and the learned Standing Counsel took notice for the 5th respondent. This Court has granted an interim direction to respondents 2 and 3 to take up the application for extension of approval of the existing courses as well as for approval of new courses, as approved by the AICTE in Ext.P5, within a period of one week from the date of receipt of a copy of that order. It was also ordered that the professed Government Policy decision not to grant approval shall not be taken as a ground for rejection of the approval. In case there is any defect in the application, the petitioner shall be informed immediately and given an opportunity to rectify the same and to remit the fees.

(3.) The aforesaid interim order was followed by another interim order dated 15.07.2020, which reads thus;