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2024 Supreme(Online)(KER) 8115
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
THE MANAGING DIRECTOR – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) 6619/2018
SRI.KURIAN GEORGE KANNANTHANAM (SR.), SRI.ALEX GEORGE CHAMAPPARAYIL, SRI.THOMAS GEORGE, SRI.TONY GEORGE KANNANTHANAM, SRI.RIYAL DEVASSY, GP, SRI.P.SREEKUMAR, SC
The court dismissed the writ petition as the application period for the academic year 2016-17 was already over, and left the petitioner to pursue any fresh cause of action.
Headnote:
Writ - Approval for DMLT, DOTT Programmes - Kerala University Act, Sections 56, 57 - The court dismissed the writ petition as the application period for the academic year 2016-17 was already over, and left the petitioner to pursue any fresh cause of action, if any.
Fact of the Case:
The petitioner filed a writ petition seeking quashing of the rejection of NOC/approval for starting DMLT and DOTT programmes, and a direction to the university to call for applications for affiliation of new colleges.
Finding of the Court:
The court observed that the application period for the academic year 2016-17 was already over, and therefore, the writ petition need not be retained. The court left the petitioner to pursue any fresh cause of action, if any.
Issues: Whether the rejection of NOC/approval for starting DMLT and DOTT programmes should be quashed, and whether the university should be directed to call for applications for affiliation of new colleges.
Ratio Decidendi: The application period for the academic year 2016-17 was already over, and therefore, the writ petition need not be retained.
Final Decision: The writ petition is disposed of.
The above Writ Petition is filed with the following prayers:
- (i) Issue a writ of certiorari or any other appropriate order quashing Ext.P5. (ii) Issue a writ of mandamus or any other appropriate writ, order or direction to direct the respondents 1 and 2 to grant approval for the petitioner to start the DMLT, DOTT programmes as applied in Ext.P1 and P2. (iii) To declare that the NOC or approval of the Government is not necessary for the purpose of starting the BPT course.
- (iv) Issue a writ of mandamus or any other appropriate writ, order or direction to direct the 3rd respondent University to call for applications for affiliation of new colleges for the academic year 2018- 19 without any further delay.
- (v) Issue a writ of mandamus or any other appropriate writ, order or direction to direct the respondents 1 and 2 to reconsider the petitioner's applications Ext.P1 and P2 in accordance with the W.P(C).6619/2018 legal position already established by this Hon'ble Court.
- (vi) To grant such other reliefs as are just and proper in the nature of this case.
- [SIC]
2.The main prayer in this Writ Petition is against rejection of the NOC/approval and also for a direction to invite applications for affiliation of new colleges. Admittedly, the application of the petitioner was submitted for the academic year 2016-17. That period is already over. Therefore, this Writ Petition need not be retained here. If there is any fresh cause of action to the petitioner, the same is left open.
With the above observation, this Writ Petition is disposed of.
