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2021 Supreme(Online)(KER) 25329

NARAYANAN & VAIDYANATHAN CHARITABLE AND EDUCATIONAL TRUST – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
['R T PRADEEP', '', 'K C HARISH', 'M BINDUDAS', 'ELVIN PETER P J']

J U D G M E N T

Petitioner is a self financing college offering Bachelor of Design Course (B.Des) as permitted by the State Government after obtaining necessary permissions and affiliations from all authorities including the affiliation of the fourth respondent University. The petitioner has entered into a seat sharing agreement with the State Government in terms of which 50% of the seats of the course namely the Government quota are to be filled up on the basis of the merit list prepared by the third respondent, the Commissioner for Entrance Examinations, Government of Kerala and the petitioner is entitled to fill up the remaining seats as management quota. The basic qualification prescribed by the fourth respondent University for a candidate aspiring to join B.Des is pass in higher secondary level examination with an aggregate of 50%

marks and pass marks for all the subjects. It is stated by the petitioner that the Government has entrusted the task of conducting selection for admission to the 50% seats of the course under the Government quota to the Commissioner for Entrance Examinations. It is also stated by the petitioner that the Commissioner for Entrance Examinations, with the

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