Back
1994 Supreme(Ker) 345
Judges : K.SREEDHARAN,V.V.KAMAT
University of Kerala - Appellant
Versus
Vidyadhiraja Charitable Society - Respondent
Case No : W.A.1475 & 1486 of 1994 etc
Decided On : 11/21/1994
Advocates Appeared :
Advocate General (S. Narayanan Poll) & S. Gopakumaran Nair For Appellants T.P. Kelu Nambiar (Sr. Advocate) & Babu Varghese For Respondents
The main legal point established in the judgment is that the universities and the government violated statutory provisions in granting affiliation to new colleges during the academic year 1994-95. The court held that no new college could be given affiliation for starting any course of instruction during the academic year 1994-95, as the first term and more than half of the second term had expired.
Headnote:
Affiliation - Educational Institutions - Kerala University Act, 1974, Kerala University First Statutes, 1977 - The court considered the actions of the three universities in granting affiliation to new colleges during the academic year 1994-95. The court found that the universities and the government violated statutory provisions in granting affiliation to new colleges. The court held that no new college could be given affiliation for starting any course of instruction during the academic year 1994-95, as the first term and more than half of the second term had expired. The writ appeals were dismissed, and the original petitions were allowed, directing the universities not to grant any affiliation to new colleges or courses for the academic year 1994-95.
Fact of the Case:
The case involved writ appeals filed by the University of Kerala, the Vice Chancellor of the University of Kerala, the Secretary of Jamiya Mannaniya Islamia Society, and the State of Kerala against the order passed by the learned single judge in Original Petitions. The petitioners sought to restrain the universities from giving affiliation to new colleges proposed to be sanctioned by the State without following the statutory requirements stipulated in S.56 of the Kerala University Act and Chapter 24 of the Kerala University First Statutes.
Finding of the Court:
The court found that the universities and the government violated statutory provisions in granting affiliation to new colleges during the academic year 1994-95. The court held that no new college could be given affiliation for starting any course of instruction during the academic year 1994-95, as the first term and more than half of the second term had expired.
Issues: The main issue was whether the action taken by the three universities to give affiliation to new colleges during the academic year 1994-95 was in conformity with the provisions contained in the respective University Act, First Statutes, and Regulations.
Ratio Decidendi: The court held that the universities and the government violated statutory provisions in granting affiliation to new colleges during the academic year 1994-95. The court found that no new college could be given affiliation for starting any course of instruction during the academic year 1994-95, as the first term and more than half of the second term had expired.
Final Decision: The writ appeals were dismissed, and the original petitions were allowed, directing the universities not to grant any affiliation to new colleges or courses for the academic year 1994-95.
Sreedharan, J.
Writ Appeal 1475/1994 is at the instance of the University of Kerala and the Vice Chancellor of the University of Kerala against the order passed by the learned single judge in C.M.P.22974/94 in O.P.13051/94. Writ Appeal 1486/1994 is filed by the Secretary of Jamiya Mannaniya Islamia Society, one of the applicants for affiliation to a college during the academic year 1994-95, against the order passed in C.M.P.26391/94 in O.P. 15032/94. Writ Appeal 1489/94 is by the State of Kerala questioning the correctness of the order passed by the learned Single Judge in C.M.P.22974/94 in O.P. 13051/94.
2. A learned Single Judge referred O.P. 15032/94 to Division Bench by his order dated 9-11-1994.
3. Petitioners in O.P. 13051/94 seek to restrain the University of Kerala and the Vice-Chancellor of that University from giving affiliation to new colleges proposed to be sanctioned by the State without following the statutory requirements stipulated in S.56 of the Kerala University Act and Chapter 24 of the Kerala University First Statutes. Petitioners in O.P. 13296/94 inter-alia asked for the same relief as against the Chancellor and Registrar of the Calicut University. They filed C.M.P. Nos. 22974/94 and 23272/94 respectively in their Original Petitions seeking interim direction restraining the respondents in the respective Original Petitions not to sanction any new college or grant affiliation to any new college and which did not apply in time in term? of S.56 of the Act and Chapter 24 Chapter 26 of the respective First Statutes of the Universities. On 27-9-1994, learned Single Judge issued an interim direction and directed respondents not to sanction any new college or grant affiliation to any new college which has not complied with the statutory provisions within the time fixed therein. By order dated 10-10-1994, the learned judge corrected the clerical mistake which crept in the previous order dated 27-9-1994 by substituting the words ' 31 st of May of the previous academic year for 31st December of the previous academic year'.
4. C.M.P.No.26391/94 in O.P.15032/94 was filed by the petitioners in the Original Petition for an interim stay of all proceedings relating to the grant of affiliation to colleges to be started during the academic year 1994-95. Learned Single Judge by order dated 3-11-1994 granted an interim order as prayed for by the petitioners. Consequently, the operation of Exhibits P1 to P4 marked in the case and all further proceedings taken pursuant thereto for starting new colleges or for granting affiliation to new colleges were also stayed.
5. Respondents in the above mentioned Original Petitions moved the learned Single Judge for varying the interim orders granted by this Court. C.M.P.22974/1994 in O.P. 13051/1994 was taken up and disposed of by order dated 8-11-1994. The learned Single Judge reaffirmed the order dated 27-9-1994 as modified by the order of 10-10-1994. This order is under challenge in the Writ Appeals.
6. When the Appeals and the referred Original Petition came up for hearing, learned counsel representing the parties in the other Original Petitions submitted before us that those Original Petitions may also be called for and disposed of jointly. Accordingly, all the matters were taken up and extensive arguments advanced by counsel on either side were heard. We are disposing of all the above matters by this common judgment.
7. Questions that arise for consideration in all these matters are common. The main question that is to be considered by us is whether the action taken by the three universities, namely the Kerala University, the Mahatma Gandhi University and the Calicut University, to give affiliation to new colleges during the academic year 1994-95 is in conformity with the provisions contained in the respective University Act, First Statutes and Regulations made thereunder.
8. In order to have a full understanding of the provisions relating to the affiliation of new colleges or new
