IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

TH MONDAY, THE 15 DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947 WA NO. 2105 OF 2025 AGAINST THE ORDER DATED 20.08.2025 IN WP(C) NO.30272 OF 2025 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS:

1 DR. K.A HASHIM AGED 68 YEARS CORPORATE MANAGER, MES AIDED COLLEGES, MUSLIM EDUCATIONAL SOCIETY, KANNUR ROAD, NADAKAV P.O., KOZHIKODE, PIN - 673011.

2 MES COLLEGE NEDUMKANDAM REPRESENTED BY ITS PRINCIPAL, MES COLLEGE NEDUMKANDAM, IDDUKKI, PIN - 685553.

BY ADVS.

SRI.LIJU.V.STEPHEN SMT.INDU SUSAN JACOB SHRI.TAJ K. TOM RESPONDENT/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001.

2 THE DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033.

3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, PALACE ROAD, KOTTAYAM, PIN - 686001.

4 MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS P.O., UNIVERSITY CAMPUS, ATHIRAMPUZHA, KOTTAYAM, REPRESENTED BY ITS REGISTRAR,, PIN - 686560.

BY ADVS.

SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL SHRI.SURIN GEORGE IPE, SC, M.G.UNIVERSITY OTHER PRESENT:

SHRI.K.B.RAMANAND. SPL. G.P. TO A.A.G THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.08.2025, THE COURT ON 15.09.2025 DELIVERED THE FOLLOWING:

JUDGMENT

Muralee Krishna, J.

The petitioners in W.P.(C)No.30272 of 2025 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, being aggrieved by the non-granting of interim relief by the learned Single Judge, while passing the impugned order dated

20.08.2025.

2. The appellants filed the W.P.(C)No.30272 of 2025 under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P18 order dated 22.07.2025 passed by the 2^nd respondent Director of Collegiate Education and also to declare that the respondents have no power to initiate proceedings against the appellants beyond the scope of Section 64 of Mahatma Gandhi University Act, 1985, (‘M.G.University Act’ for short). In the writ petition, the appellants have also sought for an interim relief to stay Ext.P18 order pending disposal of the writ petition.

3. When the writ petition came up for admission on

20.08.2025, the learned Single Judge passed the impugned order, which reads thus:

“Admit.

2. Government Pleader takes notice for respondents 1 to 3.

Standing Counsel takes notice for the 4^th respondent.

3. Counsel for the petitioners would urge that the authority who issued Ext.P18 is not competent to initiate disciplinary proceedings against the petitioners.

4. Government Pleader would submit that the authorities have power under Section 52 and on the basis of Audit Report, the authorities are competent to conduct Vigilance Enquiry.

5. After hearing the matter, I am of the view that this is a case which has to be heard finally. Interim order is declined.

Post on 08.09.2025”

4. The 1^st appellant is the Corporate Management, and the 2^nd appellant is the Aided College affiliated under the 4^th respondent University. In pursuance to Ext.P1 notification dated 14.06.2018, inviting applications for Bachelor of Vocation (‘B.Voc’ in short) courses, the 2^nd appellant submitted Ext.P2 proposal dated 05.07.2018. The University Grants Commission (‘UGC’ in short), New Delhi, sanctioned the B.Voc Course in Applied Accounting and Taxation in the 2^nd appellant College. Ext.P3 is the approved list of Colleges which had been granted permission to start the B.Voc course by the UGC. As per Ext.P4 UGC guidelines, the UGC has to provide a total sum of Rs.1,04,50,000/- in 3 instalments for running the B.Voc Course. But subsequently, the UGC revised the scheme and directed only the first instalment of Rs.43.3 Lakhs to be provided, and the balance two instalments to be provided as reimbursement towards the expenses m