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2017 Supreme(Ker) 822

SHAJI P.CHALY
Palakkunathu Foundation – Appellant
Versus
University of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Kurian George Kannanthanam, Senior Advocate, Tony George Kannanthanam, Advocate
For the Respondents:Thomas Abraham, SC, Prasanth, Advocate Commissioner

JUDGMENT :

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 “inspe


















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