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2021 Supreme(Online)(KER) 39564

HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, MOHAMMED NIAS C.P., JJ
THE EXECUTIVE CHAIRMAN, SAINTGITS COLLEGE OF ENGINEERING – Appellant
Versus
ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES – Respondent


Advocates:
KURIAN GEORGE KANNANTHANAM (SR.), TONY GEORGE KANNANTHANAM, THOMAS GEORGE, SRI.K.B.RAMANAND, SMT.SHAMEENA SALAHUDEEN, R.T.PRADEEP, SC

JUDGMENT

A.K.Jayasankaran Nambiar, J.

The writ petition has been preferred by the Executive Chairman of the Saintgits College of Engineering challenging a condition imposed in Ext.P8 order passed by the Admission Supervisory Committee for Professional Colleges in Kerala while approving the prospectus for MCA Course 2021-22 in respect of Saintgits College of Engineering, Kottayam. The offending clause in Ext.P8 order, according to the petitioner, reads as follows:

“4. Selection and allotment of candidates for the

50% Government quota seats shall be made based from the rank list of MCA entrance examination conducted by LBS on behalf of Director of Technical Education Government of Kerala.”

It is the contention of the petitioner in the writ petition that the Admission Supervisory Committee has no power under Act 19 of 2006 to prescribe quotas for admission and therefore clause 4 of Ext.P8 extracted above is illegal and beyond the powers of the Committee.

2. When the matter came up for admission, and on a perusal of Ext.P8 impugned order of the Admission Supervisory Committee, we found that clause 4 of Ext.P8 was based on the findings in clause 3 of Ext.P8, which reads as follows:

“3. The

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