THE CHAIRMAN, KUNHITHARUVAI MEMORIAL CHARITABLE TRUST v. STATE OF KERALA

to contend that Exts.P1 and P2 cannot be challenged as being illegal or unconstitutional as the Government did not force the colleges run by the petitioner-Trust to enter into agreements with the Government regarding seat sharing. It is submitted that, through Exts.P1 and P2, it was only informed that certain facilities which were hitherto offered to the private self financing medical colleges would be withdrawn. It is submitted that Ext.P2 directs the colleges to approach the Government to enter into consensual agreement before 31.07.2014, failing which appropriate action will be taken against them. However, the learned Government Pleader does not dispute the fact that Section 17 of the 2017 Act has been declared as ultra vires and unconstitutional by this Court WP(C) NO. 11236 OF 2015 5 in the judgment in Kerala Self Financing Dental College Managements Consortium (Supra). It is also not disputed before me that the Section17 of 2017 Act has been repealed by the Amendment Act of 2019.

4. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, I am of the view that the petitioner has made out a case for grant of the reliefs sought for in the writ petition. A reading of Section 15 of the 2017 Act would indicate that Ext.P1 and P2 can only be treated as orders/notices issued under the provisions of the 2017 Act. The power to require the colleges to enter into agreements with the Government regarding seat sharing or any other matter flows from the provisions of Section 17 of the 2017 Act. A reading of the judgment of this Court in Kerala Self Financing Dental College Managements Consortium (supra) indicates that the this Court has clearly found that the provisions of Section 17 of the 2017 Act are ultra vires and unconstitutional. That apart, by the Amendment Act of 2019, the provisions of Section 17 of the 2017 Act were also repealed. Therefore, there is no legal basis for issuing Exts.P1 and P2. WP(C) NO. 11236 OF 2015 6 In the light of the above finding, this writ petition is allowed and Exts.P1 and P2 will stand quashed. Sd/- GOPINATH P. JUDGE WP(C) NO. 11236 OF 2015 7 APPENDIX OF WP(C) 11236/2015 PETITIONER EXHIBITS EXT.P1 - EXT.P2 - EXT.P3 - EXT.P4 - TRUE COPY OF THE GO(RT)NO.810/2015/H&FWD DATED 10-3-2015 TRUE COPY OF THE NOTICE NO.23442/S3/2014/H&FWD DATED 24-7-2014 TRUE COPY OF THE ESSENTIALITY CERTIFICATE NO.39569/S3/2007/H&FWD DATED 13.3.2008 TRUE COPY OF THE ORDER DATED 27-10-2009 ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS, NEW DELHI.