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2025 Supreme(Ker) 1735
IN THE HIGH COURT OF KERALA AT ERNAKULAM
D.K. SINGH, J.
Sharaf Arts and Science College Committee - Appellant
Versus
State of Kerala - Respondent
W.P. (C) No. 24503 of 2024
Decided On : 16-07-2025
Advocate Appeared:
For the Appellants : P.K. Ravisankar, S. Sreekumar
For the Respondents: V. Venugopal, Suresh Kumar Kodoth, I.V. Pramod, P.M. Saneer, Sukarnan, Kurian George Kannanthanam, Tony George Kannanthanam, P. Ravindran
IMPORTANT POINT
A quasi-judicial authority lacks inherent power to review its own orders unless expressly conferred by statute.
Headnote:
(A) Education Law - Ownership of educational institutions - Quasi-judicial authority's power of review - The University cannot review its earlier orders unless expressly conferred by statute. The impugned order recognizing the 6th respondent as the educational agency is illegal and without jurisdiction. (Paras 13 - 18 )
Facts of the case:
The petitioner, Sharaf Arts and Science College Committee, challenged the decision of Kannur University regarding ownership of the college, which was claimed by Khidmath Organisation. Multiple legal proceedings were involved.
Findings of Court:
The Court found that the University acted beyond its jurisdiction by reviewing its earlier orders without statutory authority.
Issues: Whether the University can review its earlier orders and if the impugned order is illegal.
Ratio Decidendi: A quasi-judicial authority cannot review its own order unless expressly conferred by statute, and the impugned order was not supported by any legal basis.
Result: The writ petition is allowed, and the impugned order is set aside.
| Table of Content |
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| 1. limits of quasi-judicial review. (Para 14 , 15) |
JUDGMENT :
D.K. SINGH, J.
1. Heard Mr S Sreekumar learned Senior Counsel assisted by Mr Ravi Sankar P K learned Counsel for the petitioner; Mr I.V. Pramod learned Standing Counsel for the Kannur University; Mr Kurian George Kannanthanam, learned Senior Counsel assisted by Mr P M Saneer learned Counsel for the 7th respondent; Mr P Ravindran, learned Senior Counsel, assisted by Mr Suresh Kumar Kodoth learned Counsel for the Khidmath Organisation of Padne and Mr V Venugopal, learned Government Pleader for the State.
Facts
2. The present writ petition has been filed by Sharaf Arts and Science College Committee (for short ‘Committee’) impugning the decision of the Kannur University in Ext.P15 dated 05.07.2024, based on the legal opinion received from the Standing Counsel for the University and the Resolution of the meeting of the Syndicate in its meeting held on 21.06.2024, whereby the Ownership of Sharaf Arts and Science College, Padne have been cleared to be vested with the ‘Khidmath Organisation of Padne’/ the sixth respondent.
2.1 The present case has a long, chequered history of litigation.It would be necessary to take note of this before dealing with the submissions of the learned Counsel appearing for the parties.
3. The petitioner Committee was constituted and registered under the Societies Registration Act 1860 on 11.10.2006. It is stated that before the incorporation, the petitioner Committee had purchased various items of landed properties as per Sale Deeds registered as document Nos. 1550 of 2003, 1534 of 2003, 1643 of 2003 and 1644 of 2003 of SRO, Trikkarippur.
3.1 The petitioner Committee claims that it owns and manages ‘Sharaf Arts and Science College, Padne’, affiliated to the Kannur University, Kerala. The Kannur University vide communication dated 25.11.2006 addressed to Mr Mohammed Kunhi, informed him, in response to his letter dated 08.11.2006, that ‘as per the University records, the name of the educational agency of Sharaf Arts and Science College is ‘Khidmath Organisation of Padanna’.
3.2 The petitioner Committee came to know about the said letter of the University dated 25.11.2006 and wrote to the Kannur University requesting the University to conduct an enquiry into the circumstances that led to the issuance of the said letter and requested to annul the same. After several requests made by the Petitioner Committee, the University constituted a two-member committee to enquire into the matter. The two-member committee went through the matter and, after hearing all concerned, submitted its report to the Vice Chancellor to take appropriate decisions in the matter.
3.3 The Kannur University vide order dated 20.10.2015, based on the report of the two-member committee dated 23.08.2014 and legal opinion, held that the ownership of the College was vested with the petitioner Committee, being the existing agency, it did not approach either the University or the Government to change its name to Khidmath Organisation of Padanna. Therefore, considering the whole matter, the Vice Chancellor had ordered to revise the name of the agency to ‘Sharaf Arts and Science College Committee, Padne’. The Vice Chancellor accorded sanction to revise the ownership of Sharaf Arts and Science College, Padne, and re-establish the provisional affiliation of the College under the educational agency, i.e., the petitioner.
4. Sharaf Arts and Science College, Padne filed writ petition W.P.(C) No.32293/2015 impugning the order dated 20.10.2015 passed by the Kannur University revising the ownership of Sharaf Arts and Science College, Padne and the affiliation granted to the said college under the educational agency, Sharaf Arts and Science College Committee, Padne, Kasargod.
4.1 The said writ petition was dismissed by judgment dated 11.12.2017 [Ext.P4]. The learned Single Judge took note of the two civil suits O.S. No. 241/2008 and O.S. No.326/2006pending before the Munsiff’s Court, Hosdurg.
