LAWS(KER)-2017-1-239

ABHIJITH A G Vs. STATE OF KERALA

Decided On January 20, 2017
Abhijith A G Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The students who got admission to the first semester B.Tech course in various engineering disciplines in the 7 th respondent Educational Institution under the NRI quota, despite the fact that no approval of the AICTE [5th respondent] was obtained by the Educational Institution for effecting such admissions, are the petitioners in this writ petition. Challenge is against Ext. P4 order passed by the Admission Supervisory Committee ['ASC' in short] rejecting approval for the admission and the subsequent orders passed by the Technological University [2 nd respondent] by way of Exts. P5 and P6 to the effect that the students concerned shall not be permitted to participate in the examinations.

(2.) Heard Sri. M. K. Damodaran, the learned counsel for the petitioners; the learned Senior Government Pleader appearing for the first respondent; Sri. S. Krishnamoorthy - the learned Standing Counsel for the Technological University as well as for the AICTE [5th respondent]; Smt. Mary Benjamin - the learned Standing Counsel appearing for the Admission Supervisory Committee [6th respondent] and Sri. C.R. Sivakumar, the learned counsel appearing for the respondents 7 and 8.

(3.) Challenge is mainly on the ground that Ext. P4 order has been passed solely by the Chairman of the Admission Supervisory Committee and not by the 'Committee' as such. According to the petitioners, the Chairman alone cannot taken any such decision and hence that Ext. P4 is per se wrong and unsustainable.