The main legal point established is that administrative decisions must comply with legal directives and cannot be arbitrary or illegal.

1. The 1st petitioner is an Educational Agency and the 2nd petitioner is its Chairman and Managing Trustee. The Agency proposes to start a new Arts and Science College in Punalur, coming within the jurisdiction of the Kerala University. Material facts for the disposal of the writ petition are as follows:

2. The 1st petitioner submitted an application for affiliation of a new College at Punalur in August, 2015, with the intention of starting the college from the academic year 2016-17 onwards. According to the petitioners, along with the application, all relevant documents in accordance with the provisions of the University Act and Statutes were provided. After verifying the documents, the University returned the originals, evident from Ext.P1. Thereafter, as per Ext.P2 letter dated 20.04.2016, 2nd petitioner was directed to remit a sum of Rs.10,000/- as inspection fees to conduct the inspection with respect to the facilities provided by the college. The said payment was effected. Thereafter, on enquiry, petitioners were told that they have to pay a further sum of Rs.2,000/- as “application fee” for grant of NOC to the institution and a further sum of Rs.1,00,000/- as “inspection fee” for grant of NOC. Accordingly, the said payments were made, evident from Exts.P3 and P3(a) respectively.

3. That apart, it is stated that, consequent to the developments so taken place, petitioners were under the bonafide impression that the same were required formalities. However, on the very same day, without any further inspection, the University issued a “Letter of Consent”, evident from Ext.P4 dated 05.07.2016. Matters being so, since the petitioners were under an impression that to establish a new college, the letter of consent of the State Government is required, approached the Government for the same. Since nothing took place, petitioners have approached this Court, and an interim order was secured, whereby the University was directed to grant affiliation, evident from Ext.P5.

4. In spite of it, the University did not grant affiliation. However, the University has filed a counter affidavit, evident from Ext.P6. In Ext.P6, it is stated that the University had given favourable recommendation to the Government, and therefore, the application is valid for 2017-18 also, and the request for grant of affiliation would be considered after securing approval from the State Government. Thereafter, Ext.P7 order was issued by the State Government dated 22.08.2016, declaring that a policy decision is taken not to grant any approval for any new College/Course in the Self Financing Sector. The same was conveyed to the petitioner as per Ext.P8 letter dated 29.11.2016 by the University.

5. The order of the Government was under challenge in W.P.(C) No.25001 of 2016 and other connected cases, and a judgment was rendered by this Court on 21.12.2016, whereby it is held that the order issued by the State Government is unconstitutional, being violative of Article 30(1) of the Constitution of India. It is informed that the State has filed an appeal against the same before a Division Bench of this Court, which was dismissed on 05.07.2017. Thereupon, petitioners have requested the University to expedite the matter and to grant affiliation to the petitioners’ new college, evident from Ext.P9. However, as per Ext.P10, the affiliation sought for is declined, stating that there are certain deficiencies in the facilities provided by the petitioners. Against which, Ext.P11 objection was submitted by the petitioners, and since there was no consideration, petitioners have filed this writ petition challenging Ext.P10 order and seeking other consequential reliefs.

6. Certain additional documents are produced by the petitioners viz., the inspection report, as Ext.P13 and the rejection order dated 29.06.2017, as Ext.P14. These are the background facts projected to secure the reliefs sought for in the writ petition, which are as follows:

“(i) To issue a writ of certiorari or