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2025 Supreme(Online)(Ker) 56772

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K. NARENDRAN, MR. MURALEE KRISHNA S., JJ
KUNHITHARUVAI MEMORIAL CHARITABLE TRUST – Appellant
Versus
KERALA UNIVERSITY OF HEALTH SCIENCES – Respondent
RP NO. 616 OF 2025 | WA NO. 681 OF 2025 | WA NO. 680 OF 2025 | W.P.(C) NO. 42835 OF 2023 | W.P.(C) NO. 38856 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.SHAJI CHIRAYATH, SMT.JIJI M. VARKEY, SMT.M.K.SAFEELA BEEVI, SMT.SAVITHA GANAPATHIYATAN, SRI.M.M.SHAJAHAN
For the Respondents: SHRI.BINNY THOMAS, SC, KERALA UNIVERSITY OF HEALTH SCIENCES, SRI.S.KRISHNAMOORTHY, SC, UNIVERSITY GRANTS COMMISSION, SRI.P.SREEKUMAR (SR.)

The court ruled that compliance with judicial orders negates the grounds for review, and condemned forum shopping practices.

Headnote:(A) University Grants Commission (Institutions Deemed to be Universities) Regulations, 2023 - Kerala High Court Act, 1958 - Petition for No Objection Certificate (NOC) denied by University - Orders were non-speaking, requiring re-examination - Review petitions filed post-compliance of original order deemed non-maintainable. (Paras 4, 41, 49)

(B) Forum shopping - The court addresses and condemns attempts to manipulate judicial processes for preferential hearings. (Paras 19, 25, 30)

Facts of the case:
The appellant, a charitable trust, challenged the denial of NOC for several of its institutions to be recognized as deemed universities by the Kerala University of Health Sciences. A previous court order instructed the University to reconsider its decision, which the University complied with.

Findings of Court:
The court dismissed the review petitions for being non-maintainable as the University had acted upon the order before the review petitions were filed.

Issues: The court assessed whether the review petitions were valid given that the original orders had been complied with.

Ratio Decidendi: The court reiterated that compliance with judicial directions negates the grounds for review. Additionally, attempts at forum shopping were condemned and dismissed.

Result: Writ appeals and review petitions dismissed.

Table of Content
1. challenge to the denial of noc for institutions. (Para 1 , 2 , 3 , 4)
2. filing appeals against the single judge's order. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
3. debate on judicial bias and recusal. (Para 17 , 18 , 19 , 20)

ORDER/JUDGMENT

Anil K. Narendran, J.

W.A.Nos.680 of 2025 and 681 of 2025 arise out of the judgment dated 24.03.2025 of the learned Single Judge in W.P.(C)Nos.38856 of 2024 and 42835 of 2023.

2. The appellant, namely, Kunhitharuvai Memorial Charitable Trust (KMCT), filed W.P.(C)No.38856 of 2024 challenging Ext.P4 order dated 19.12.2023 issued by the 1st respondent Kerala University of Health Sciences (KUHS), whereby its request for grant of No Objection Certificate (NOC) to submit application before the University Grants Commission (UGC) in order to include KMCT Dental College, Manassery, Mukkam, Kozhikode in the proposed KMCT Distinct Institution (Deemed to be University) under Distinct Institution category stands rejected, and Ext.P6 order dated 17.01.2024 issued by the 1st respondent University, whereby a similar request for grant of NOC to submit application before the UGC to include National College of Pharmacy, Manassery, Mukkam, Kozhikode in the proposed KMCT Distinct Institution (Deemed to be University) under the Distinct Institution category stands rejected. Other consequential reliefs were also sought for in that writ petition.

3. The appellant filed W.P.(C)No.42835 of 2023 challenging Ext.P4 order dated 07.08.2023 issued by the 1st respondent University, whereby its request to grant of NOC to submit application before the UGC to include KMCT Medical College and KMCT Ayurveda College, Manassery, Mukkam, Kozhikode in the proposed KMCT Distinct Institution (Deemed to be University) under Distinct Institution category stands rejected, and Ext.P6 order dated 08.11.2023 issued by the 1st respondent University, whereby a similar request for grant of NOC to submit application before UGC to include KMCT College of Nursing, Manassery, Mukkam, Kozhikode in the proposed KMCT Distinct Institution (Deemed to be University) under the Distinct Institution category stands rejected. Other consequential reliefs were also sought for in that writ petition.

4. The above writ petitions were disposed of by a common judgment dated 24.03.2025 of the learned Single Judge, by setting aside Exts.P4 and P6 orders in the respective writ petitions and directing the competent among the respondents to pass orders afresh, on the requests made for NOC, within a period of three months. By the judgment dated 24.03.2025, Exts.P4 and P6 orders in the respective writ petitions were set aside, since those orders are non-speaking orders. In the judgment, the learned Single Judge has made it clear that the Court has not pronounced anything on the merits of the claim made by the writ petitioner.

5. Challenging the common judgment dated 24.03.2025 of the learned Single Judge, the appellant filed W.A.Nos.680 of 2025 and 681 of 2025, invoking the provisions under Section 5 (i) of the Kerala High Court Act, 1958 .

6. On 08.04.2025, when W.A.Nos.680 of 2025 and 681 of 2025 came up for admission before the Division Bench, notice before admission was ordered. The learned Standing Counsel for the 1st respondent University sought time to address the Court as to why NOC was not granted. In the order dated 08.04.2025, the Division Bench noticed the provisions contained in Clause (6) of the University Grants Commission (Institutions Deemed to be Universities) Regulations, 2023.

7. On 16.04.2025, when the writ appeals came up for consideration before the Division Bench, the following order was passed;

“Shri. Binny Thomas, the learned Standing Counsel for the University, today has again sought one week's time to submit before this Court why the NOC cannot be granted. Let the matter with regard to the issuance of the NOC be considered by the University after hearing the appellant/petitioner within a period of fifteen days from t

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