IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, J.
THE EXECUTIVE DIRECTOR, VIDYA INTERNATIONAL CHARITABLE TRUST, VIDYA CAMPUS - PETITIONERS
Versus
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, CET CAMPUS AND ORS. - RESPONDENTS
W.P.(C)Nos.36678 of 2016, 1758, 2748, 4314, 4540, 4735, 4840, 5169, 6491, 6710, 8394, 11000, 11069, 11313, 11684 of 2017
Decided On : 07-04-2017
Brevity will do no inequity when issues and points urged have been spoken to on by the several courts in judgments past. I, therefore, intend in his judgment to be as brief as would be possible.
2. The subject matter in issue in all these writ petitions is the pre-condition imposed by two Universities under which the applicants, who are Private Self Financing Colleges and Institutions, have been asked to obtain a prior permission of the Government of Kerala styled as a 'No Objection Certificate' (NOC) before their applications for affiliation can be considered by the Universities. The two Universities, namely, APJ Abdul Kalam Technological University and the Kerala University of Health and Allied Sciences have issued notifications, which are impugned in these writ petitions, mandating that the applicants for new courses obtain the NOC from the Government of Kerala before their applications for affiliation can be considered. This condition has been assailed by the petitioners as being in excess of the powers vested with the Universities and also on the ground that the Government does not have any such right, under the Statutes and Regulations applicable, to grant or deny NOCs but at the best the Government's view may be considered by the Universities appropriately in terms of the enabling Statutes.
3. Since all these writ petitions concern similar if not identical issues, contain essentially the same averments, allegations and assertions and have asked for reliefs that are similar and entwined to each other, I deem it appropriate to dispose them of jointly in this judgment. However, for the sake of convenience I treat W.P.(C)No. 1758/2007 as the lead case and any reference to the parties and documents in this judgment will be as per the status available in that writ petition.
4. I have heard the learned Senior Counsel Sri. Kurian George Kannanthanam, assisted by Sri. T.B. Hood, the learned Senior Counsel Sri. S. Sreekumar, assisted by Sri. Thomas, the learned counsel Sri. George Poonthottam and Sri. Sanjay, appearing for the petitioners, the learned Standing Counsel for the two Universities, the learned Standing Counsel for the Medical Council of India and the learned Special Government Pleader for the official respondents.
5. Among all the maze of pleadings and materials placed on record in these cases, the one issue which requires pointed consideration is whether the Universities have the competence, statutorily or otherwise, to impose a condition as they have now done, that an application for affiliation or for a consent of affiliation, for a new course will be considered and will be dependent on a prior NOC to be obtained by the applicants from the Government of Kerala.
6. It is now affirmatively settled by various judgments that the University can act only under the terms of the Statutes under which it has been enlivened. The two Universities are governed by two separate Statutes. The APJ Abdul Kalam Technological University (Technological University) lives under the A.P.J. Abdul Kalam Technological University Act, 2015 and the Kerala Heath and Allied Sciences obtain sustenance from the Kerala University of Health Sciences Act, 2010. The survey of the powers of the University to act in a particular manner in performance of their functions, delimited under the Statutes, will determine on the powers that are vested on them by the said Statutes. In other words, the Universities are bound by the terms of the Statutes and cannot in any manner meander away from it or act in any manner that would be dilatory.
7. As far as the Technological University is concerned, it is only governed by the Act and not by Statutes since no such Statues have been brought into force. Unlike the other Universities, the Technological University does not have the First Statute or Ordinances nor has such been adopted by it like other Universities, at least as of now. Therefore, the power of the Technological University will have to be governed sole
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