NIRMALA EDUCATIONAL TRUST Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition has been filed seeking the following reliefs:-

(2.) The short facts involved in the writ petition would disclose that the petitioner intended to start a new MBA College for which purpose, the petitioner submitted online application before the All India Council for Technical Education (AICTE). Ext.A1 certificate had been issued by the Director of Technical Education confirming having received a copy of the online application. The receipt of the application had been confirmed by the University, the 2 nd respondent herein. The AICTE after conducting necessary inspection granted Ext.P3 letter of approval dated 30/4/2016. The petitioner thereafter remitted the necessary affiliation fee and the payment was effected as evident from Ext.P5. It is submitted that the 2 nd respondent has issued no objection certificate stating that the affiliation from the University for starting the course was considered only after following rules and regulations. The no objection dated 23/5/2015 has been produced as Ext.P6. It is stated that the 3 rd respondent conducted another inspection on 24/5/2016 and thereafter on 7/7/2016.

(3.) The University has filed a statement through the counsel wherein it is stated that though the AICTE approval was received, the petitioner made a request belatedly for granting affiliation. It is stated that for all other courses, affiliation was given as early as on 14/5/2016 except for MBA since the no objection certificate is obtained only on 23/5/2016. It is stated that the fee collected as per Ext.P4 is only for affiliation of those courses mentioned therein. Reference is also made to the judgment of the Apex Court in Parshvanath Charitable Trust v. AICTE, 2013 3 SCC 385 by stating that when the last date fixed for granting affiliation is over by 15/5/2015, University cannot take a different stand in the matter.