STATE OF KERALA Vs. RENJITH

JUDGEMENT

(1.) In all these three cases, the core issue involved is, whether the University of Calicut is entitled to admit students for the Engineering Course (B.Tech.) directly on the basis of application made to it, or it is bound to admit them in accordance with the centralised admission procedure and joint counselling done by the Commissioner for Entrance Examination.

(2.) For the sake of easier understanding of the factual matrix, we shall be referring in detail to the facts in W.A. No. 3233 of 2001. The University of Calicut, 4th respondent, took a decision to establish an Engineering College in the name and style of "Institute of Engineering and Technology, University of Calicut, Calicut University Campus" and applied to the State Government for permission. The State Government granted such permission. Thereafter, the University of Calicut addressed a letter to the All India Council for Technical Education (for short, "AICTE") seeking approval for establishment of the new degree institution in the name and style of "Institute of Engineering and Technology, University of Calicut, Calicut University Campus". Even while this application was being considered by the AICTE, the Syndicate of the 4th respondent decided on 15th March, 2001, to call for applications from prospective students, to join this new Technical course. The AICTE by its letter, dated 27th June, 2001 informed the 4th respondent that based on consultation with the State Government, the concerned affiliating body, and on recommendations of the Regional Committee, the Expert Committee constituted by the Council, as per the provisions of AICTE Act and Regulations, approval was granted to the fourth respondent for establishment of a new degree institution in the name and style as suggested for the academic year 2001-2002, for Mechanical Engineering, Printing Technology, Information Technology and Electronics and Communication Engineering, each being of the duration of four years with an intake of 60, 30, 60 and 60 respectively. This approval was said to be valid only for the academic year 2001-2002 subject to further approval of the expert committee which would assess the norms and standards fixed by the AICTE to see whether they are fulfilled. The letter finally states as under:

(3.) The State Government issued an information brochure for admission to professional degree courses for the academic year 2001. In Para.33 at page 33 of this brochure, while dealing with the Institute of Engineering and Technology, Malappuram, established by the 4th respondent, after describing the Departments and Programmes and the intake capacity in the four faculties, the brochure specifically states, "separate information brochure have been, published by the College". The 5th respondent issued a separate information brochure giving information about its activities and the details about the courses, in which it is stated that the distribution of seats for the various categories of students would be according to the reservation rules and there would be three types of seats, namely, free, payment and N.R.I, seats, and the details of the three types of seats were indicated. This brochure provides that, rate of tuition fee, admission fee, refundable: deposit and development fee would be as under: For free seats, the fees would be as prescribed by the Government of Kerala. For payment seats, there would be interest free refundable deposit of Rs. 1,00,000 for four years and the tuition fie of Rs. 40,000 per year. For N.R.I, seats, non refundable development fee as prescribed by the Government of Kerala and annual tuition fee as prescribed by Government of Kerala. The special and miscellaneous fees would be as prescribed by the Government from time to time. In the paragraph ''HOW TO APPLY", there is specific information that all candidates seeking admission to the free and payment seats should apply to the Commissioner for Entrance Examination in the prescribed form for enrolling for the entrance examinations, appear for the entrance examinations and obtain the rank certificate. They should also apply to the Special Officer, Institute of Engineering and Technology in the prescribed form and pay the amount of fees prescribed therein. This paragraph makes it clear that the candidates applying to the Institute of the 4th respondent for admission to any type of scat had to apply to the fifth respondent in the prescribed form,