FATHIMA MEMORIAL EDUCATIONAL TRUST Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) PETITIONER has approached this Court seeking the following relief:

(2.) BRIEFLY put, the case of the petitioner is as follows: Petitioner is a charitable trust running various educational institutions including Younus College of Engineering and Technology which was started in the year 2002 and other institutions which are mentioned in the petition. Ext.P1 certificate shows that it was conferred with the minority status by the National Commission for Minority Community. The Engineering College is a self financing institution. There is very high demand in every year for admission to Civil and Mechanical Engineering. Ext.P2 evidences sanction given by the AICTE for additional batch of 60 students each in Civil and Mechanical Engineering. During 2012-2013 and 2013-2014 also vide Ext.P3 AICTE has sanctioned 120 seats in civil and Mechanical Engineering course. Petitioner submitted application dated 27.08.2011 before the 1st respondent University seeking affiliation for starting additional batch during the year 2012-2013. 1st respondent University rejected it by Ext.P4 stating that considering the statistics of engineering education additional increase in seats for B.Tech. degree course may not be granted. Petitioner has filed W.P.(C) No.4084 of 2012 challenging Ext.P4 order. During the pendency of the said writ petition, a letter of consent was issued by the 1st respondent University on 08.06.2012 to start additional batch of Mechanical Engineering for 60 students during 2012-2013 vide Ext.P5. Ext.P6 is a Government Order granting administrative sanction for execution of the agreement for the increase in intake in B.Tech. Mechanical Engineering for the year 2012-2013. Ext.P7 is a Government Order by which NOC for increase in the intake in the existing B.Tech. Mechanical Engineering Course from 60 to 120 students was granted for 2012-2013. Ext.P8 is another order recording the submission of the University that the University will consider the affiliation in respect of additional course in Mechanical Engineering in accordance with the law. Ext.P9 is a Government Order issued during the academic year 2012-2013 providing for guidelines for extension of approval, sanction of new course and increase intake in Engineering Courses. Ext.P10 is yet another order by which the guidelines were relaxed. Ext.P11 is a chart showing the number of students who were passed out from the College in B.Tech. Mechanical Engineering course during the preceding three years and it shows that the pass percentage is between 46 to 59%. In paragraph 15 of the petition it is inter alia stated as follows:

(3.) PETITIONER has filed a reply producing Exts.P14 to P17. Therein it is inter alia stated that the statements in paragraphs 6 and 7 of the counter affidavit are not fully correct and is hereby denied. The statement in paragraph 7 that the pass percentage of B.Tech. Civil Engineering and that of Mechanical Engineering in petitioner's college during 2011 is 41.94% and 27.14% respectively is not factually correct. The pass percentage of B.Tech. Civil and Mechanical Engineering for the year 2011 is 41.94% and 59.42% respectively.