GLOBAL INSTITUTE OF ARCHITECTURE PERADIKUNNU REP.BY ITS DIRECTOR R.K. MANISANKAR NAGARIPURAM Vs. SECRETARY HIGHER EDUCATION DEPARTMENT HIGHER EDUCATION DEPARTMENT

JUDGEMENT

(1.) The petitioner is a private self financing educational institution conducting B.Arch. course, from the academic year 2013-14 onwards, with the approval of the Council of Architecture, the 2nd respondent herein and with the affiliation granted by the Calicut University, the 4th respondent herein. The petitioner has filed this writ petition seeking a writ of mandamus commanding the 1st respondent to make available 50% of the additional seats for B.Arch. course for the academic year 2016-17 for being filled up from the management quota; and for a declaration that the petitioner is entitled to fill up the additional seats allotted for the academic year 2016-17 from the rank list prepared by the Commissioner for Entrance Examinations, the 5th respondent herein. The petitioner has also sought for a declaration that no 'NOC' by the State of Kerala, the 1st respondent herein, is needed for filling up the additional seats approved by the Council of Architecture, the 2nd respondent herein.

(2.) The pleadings and materials on record would show that the petitioner is conducting B.Arch. course from the academic year 2013-14 onwards, with an annual intake of 40 seats, after obtaining Ext.P1 letter of approval from the 2nd respondent Council. The 4th respondent University has also granted provisional affiliation for the said annual intake, vide Ext.P2 order. Based on the application made by the petitioner, the 2nd respondent Council vide Ext.P4 communication dated 9.7.2016 granted approval for an additional intake of 40 seats for B.Arch. course, for the academic year 2016-17. Based on the approval granted by the 2nd respondent Council in Ext.P4 and on the recommendation of the District Level Inspection Commission, Palakkad, the Syndicate of the 4th respondent University recommended permanent increase of additional intake of 40 seats, and the minutes of the Syndicate meeting was forwarded to the 1st respondent State for consideration and concurrence, vide Ext.P5 communication dated 14.7.2016. Thereafter, petitioner approached the Director of Technical Education, the 3rd respondent herein, for NOC to execute agreement with the State Government for the additional intake of 40 seats. The 3rd respondent, vide Ext.P6 communication dated 19.7.2016 forwarded the said request to the 1st respondent State, for issuance of administrative sanction and NOC for the additional intake of 40 seats.

(3.) The grievance of the petitioner is that though the petitioner has complied with the requirements prescribed by the 2nd respondent Council and also the 4th respondent University, the 1st respondent State is withholding NOC for the additional intake of 40 seats for the academic year 2016-17. The petitioner would contend that, once the 2nd respondent Council has granted approval for the additional intake, the grant of NOC by the 1st respondent State is not a legal requirement and as such, the additional intake should have been made available for allotment of students, with effect from the date of Ext.P4.