STATE OF KERALA Vs. KMCT POLYTECHNIC COLLEGE

JUDGEMENT

(1.) This group of intra court appeals have been preferred by the State Government against the common judgment dated 05.06.2017 passed by a learned single Judge of this Court allowing a number of writ petitions, including W.P.(C) No.17256 of 2017 - Director, M.G.M. Polytechnic College v. State of Kerala & Others and analogous cases. The question of law being the same, the writ petitions were taken up and disposed of by a common judgment and so, the appeals have also been taken up for final disposal at this stage itself, with the consent of the parties, as the matter is urgent.

(2.) We have heard the learned Additional Advocate General Sri. K. K. Ravindranath appearing for the State appellants, the learned Central Government Counsel Sri. S. Krishnamoorthy appearing for the All India Council for Technical Education, the learned Senior Counsel Sri. Kurian George Kannanthanam appearing for the respondent in W.A. Nos. 1274 & 1343 of 2017, the learned counsel Sri. George Poonthottam appearing for the respondent in W.A. Nos. 1239, 1271 and 1342 of 2017, the learned counsel Sri. Mohan Jacob George appearing for the respondent in W.A. No. 1336 of 2017 and the learned counsel Sri. Millu Dandapani appearing for the respondent in W.A. No. 1320 of 2017.

(3.) The question involved is virtually regarding the legality of a policy decision of the State Government dated 22.08.2016 whereby, the State Government has decided not to grant sanction for starting new Unaided Colleges in the State in the self-financing sector. Pursuant to this policy decision, on 06.10.2016, the State Government informed the All India Council for Technical Education (hereinafter referred to as, the 'Central Council', for brevity) that they have decided not to sanction any Colleges as per their policy, especially Engineering Colleges and hence, the Central Council should seek remarks/views of the Government before granting approval to new Technical Institutions, in future, in the State of Kerala in the self-financing sector. Equally in challenge is the order dated 22.05.2017 of the Government and similar orders, though on different dates, in respect of M.G.M. Polytechnic College, the writ petitioner in W.P. (C) No.17256 of 2017.