Principal, Rajagiri College Of Social Sciences vs Admission Supervisory Committee For Professional Colleges In Kerala

A.K.Jayasankaran Nambiar, J

The writ petition has been preferred by the Principal of the Rajagiri College of Social Sciences challenging a condition imposed in Ext.P10 order

passed by the Admission Supervisory Committee for Professional Colleges in Kerala while approving the prospectus for MCA Course 2021-22 in

respect of Rajagiri College of Social Sciences, Kochi. The offending clause in Ext.P10 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.â€​

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.P10 extracted above is illegal and beyond the powers of the Committee.

When the matter came up for admission, and on a perusal of Ext.P10 impugned order of the Admission Supervisory Committee, we found that

clause 4 of Ext.P10 was based on the findings in clause

3 of Ext.P10, which reads as follows:

“3. The Committee scrutinized the Prospectus submitted by the Principal and found that the MCA College is having an intake strength of 60 seats in which

50% of the seats are allotted by the LBS and the remaining seats are filled up by the Management.â€​

We, therefore, enquired with the learned Standing Counsel for the Admission Supervisory Committee as regards the basis of the said recording in

clause 3 of Ext.P10. We are informed by Shri R.T.Pradeep, learned Standing Counsel, that the recording in clause 3 is of an incorrect fact inasmuch

as there was no prospectus submitted by the Principal of the Rajagiri College of Social Sciences which indicated that the College had an intake

strength of 60 seats and of that 50% were allotted by LBS and the remaining seats were filled up by the management.

Finding that the basis for clause 4 of Ext.P10 itself is vitiated and erroneous, we deem it appropriate to quash Ext.P10 order inasmuch as it stems

from a misunderstanding of the actual facts in relation to the petitioner College, and direct the Admission Supervisory Committee to pass fresh orders

in relation to approval of the prospectus for MCA Course 2021-2022 in the Rajagiri College of Social Sciences, Kochi after perusing the relevant

prospectus, within ten days from the date of receipt of a copy of this judgment and after hearing the petitioner.

The writ petition is disposed of as above.