Ananthapuri Educational Society v. Vice-Chancellor, University of Kerala & University of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **TUESDAY, THE 6TH DAY OF SEPTEMBER 2016/15TH BHADRA, 1938** ## **WP(C).No. 29370 of 2016 (U)** **----------------------------** ## **PETITIONER :** **---------------------** **ANANTHAPURI EDUCATIONAL SOCIETY, REPRESENTED BY ITS GENERAL SECRETARY M.LAILA KUMARI, D/O. MADHAVI PILLAI, AGED 67, TC 6/446/7(OLD), TC 33/2320/2(NEW), ARAPPURA JUNCTION, VATTIYOORKAVU, THIRUVANANTHAPURAM-695 013, KERALA.** **BY ADVS.SRI.R.T.PRADEEP SRI.A.A.RASHEED SMT.M.BINDUDAS SRI.P.K.JANARDHANAN** ## **RESPONDENT(S):** **-----------------------------** **1. VICE -CHANCELLOR, UNIVERSITY OF KERALA, UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695 001.** ## **2. UNIVERSITY OF KERALA,** **REPRESENTED BY IT'S REGISTRAR, UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695 001.** **R1 & R2 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **sts** ## **WP(C).No. 29370 of 2016 (U) -----------------------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** ## **----------------------------------------** - **EXHIBIT P1 TRUE COPY OF APPLICATION FOR AFFILIATION OF AN ARTS & SCIENCE COLLEGE FOR THE ACADEMIC YEAR 2016-17 SUBMITTED BY PETITIONER DATED 26-8-2015.** - **EXHIBIT P2 TRUE COPY OF COMMUNICATION DATED 28-12-2015 BY THE UNIVERSITY TO PETITIONER.** - **EXHIBIT P3 TRUE COPY OF COMMUNICATION DATED 11-1-2016 BY PETITIONER TO UNIVERSITY.** - **EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 10-3-2016 IN WPC NO. 9058/2016.** - **EXHIBIT P5 TRUE COPY OF COMMUNICATION DATED 23-8-2016 RECEIVED FROM REGISTRAR FOR REMITTANCE OF INSPECTION FEE FOR THE LOCAL ENQUIRY ON 21-7-2016.** - **EXHIBIT P6 TRUE COPY OF ORDER DATED 5-8-2016 IN WPC NO. 25001/16.** - **EXHIBIT P7 TRUE COPY OF INTERIM ORDER DATED 18-8-2016 IN WPC NO. 26824/2016.** - **EXHIBIT P8 TRUE COPY OF MINUTES OF THE MEETING OF THE SYNDICATE HELD ON 26-8-2016.** - **EXHIBIT P9 TRUE COPY OF ORDER DATED 31-8-2016 IN THIS REGARD FROM 2ND RESPONDENT.** - **RESPONDENT(S)' EXHIBITS: NIL** **-----------------------------------------** ## **/TRUE COPY/** **P.S.TO JUDGE** **sts** ## **A.M. SHAFFIQUE, J.** =============== W.P. (C) No. 29370 of 2016 ================== Dated this, the 6[th] day of September, 2016 ## **J U D G M E N T** This writ petition has been filed challenging Ext.P9 by which University of Kerala had declined the affiliation for the petitioner's College to conduct Self Financing Courses in four subjects. Petitioner submits that they have all the required facility and infrastructure for conducting the course. However, when affiliation was sought for, certain defects were notified as per Ext.P2 dated 28/12/2015. According to the petitioner, the defects pointed out have been clearly explained by issuing Ext.P3, but still, no action was taken in the matter. Petitioner therefore had approached this Court and by an interim order dated 18/8/2016 in WP(C) No. 26824/2016, University was directed to pass an order in the application for grant of affiliation within one week. Pursuant to the said interim order, Syndicate conducted a meeting on 26/8/2016 when it was W.P(C) No.29370/16 -:2:- observed that the Estate Officer had given a positive report on verification of the documents submitted for the proposed College. Further, in Ext.P8, it is stated that the Committee considered the local enquiry report in respect of the application for affiliation and in view of the resolution of the Syndicate dated 16/7/2016, it was decided to proceed with the application for affiliation considering that a release deed was executed after 31/8/2015. However, the Committee recommended to obtain legal opinion from the standing counsel as to whether the application for affiliation of the proposed college for the academic year 2016-17 can be considered since the release deed was executed after 31/8/2016, beyond the last date for submitting application for affiliation to the new College. The resolution taken in the meeting held on 26/8/2016 is extracted in Ext.P8, which reads as under:- _“RESOLVED to conduct a further inspection by Sri.P.Biju and Prof.R.Mohanakrishnan, Members_ W.P(C) No.29370/16 -:3:- _Syndicate,on 27/08/2016 and submit a report at the earliest in view of the directions of the Hon'ble High Court._ _FURTHER RESOLVED to authorize the ViceChancellor to take a decision on the matter of proceeding further, based on the report submitted.”_ It is pursuant to the same that Ext.P9 had been issued on 31/8/2016 observing that the inspection team recommended not to grant affiliation to the proposed College pointing out certain defects in the facilities. The Vice Chancellor having considered the inspection report decided not to grant affiliation to the proposed College. Petitioner challenged the above on two counts. One is that the College has all the infrastructure facilities. Secondly, the University had not framed any guidelines regarding the facilities that are required for an Arts and Science College. It is argued that it is the obligation of the Government to promote Self Financing Institutions in the State in Arts and Science subjects. Reference is also made by the learned counsel to W.P(C) No.29370/16 -:4:- the judgment of the Apex Court in _**T.M.A.Pai Foundation cases v. State of Karnataka,**_ reported in [(2002) 8 SCC 481]. 2. On the other hand, learned standing counsel for the University has placed on record the entire files in this regard by which affiliation is sought for starting a new unaided Arts and Science College. From the records it is evident that the request for starting a College was submitted on 26/8/2015 along with all necessary documents. The file was forwarded to the Estate Officer for verification of the land documents and admissibility of the land area earmarked by the educational agency. Estate Officer has noticed certain defects which were permitted to be rectified and again the same has been forwarded to the Estate Officer for further verification as per proceedings dated 20/11/2015. Estate Officer again noticed certain defects, for which again time was granted and the matter was placed before the W.P(C) No.29370/16 -:5:- Registrar. It is further observed that the educational agency has resubmitted the documents which was again sent for verification. Estate Officer has informed that the release deed is executed after the time frame of 31/8/2015 and the survey numbers noted in the combined sketch are not readable. The Syndicate in its meeting held on 30/12/2015 resolved that the title deeds executed prior to 31/8/2015 shall only be accepted for verification by the Estate Officer. Further, by letter dated 9/3/2016, the College has requested to take necessary action to grant sanction for the proposed College during the academic year 2016-2017. The files were therefore ordered to be placed before the Syndicate but the same could not be placed before the Syndicate on account of the elections. As per directions issued by this Court, the Vice Chancellor was directed to take a decision as per powers conferred under Section 10(13) of the Kerala University Act, 1974. The matter was thereafter placed ## W.P(C) No.29370/16 -:6:- before the Vice Chancellor. Later it was decided to place the matter before the Syndicate which was scheduled on 13/5/2016. 3. At a later stage, the Standing Committee of the Syndicate on affiliation, recommended to conduct local enquiry on receipt of a positive report of the Estate Officer and nominated Sri.B.S.Jyothikumar and Dr.P.Rajesh Kumar, to conduct local enquiry in the proposed College in lieu of the members nominated earlier. Further proceedings would show that the local enquiry was conducted on 21/7/2016. The local enquiry team had made favourable recommendation to start the College during the academic year 2016-17. The recommendation of the Standing Committee was included in the agenda item in the Syndicate meeting held on 26/8/2016. The Syndicate in its meeting held on 26/8/2016 resolved to conduct a further inspection in the College through Sri.P.Biju and Prof.R.Mohanakrishnan, ## W.P(C) No.29370/16 -:7:- members of the Syndicate. Inspection was conducted by them on 27/8/2016 and they did not recommend to grant affiliation to the proposed College. It is therefore relevant to note that University had taken all necessary steps to ensure whether there is compliance of the facilities for granting affiliation to the College. The earlier inspection report was by two persons nominated by the Standing Committee. However, the Syndicate held that members of the Syndicate themselves have to conduct the inspection. Report of the inspection reads as follows:- _“The building meant for the proposed College is under construction and has not been completed. No temporary arrangements have been made by management to start classes for the first degree programme, if classes are to be commenced during the academic year 2016-17. We observe that atleast six to eight months is required for the completion of the proposed college building. Hence it is not possible to start the first year classes, at present. The lab facility required for the various courses were not seen to be arranged. Though the list of books procured by the College were_ W.P(C) No.29370/16 ## -:8:- _submitted, at the time of inspection, the library facility was not seen to be provided. The list of teachers were submitted by the management. However, no proof regarding the qualification and experience was submitted._ _Hence we recommend not to grant affiliation for the proposed Saraswathy Arts and Science College, Villapil, Trivandrum.”_ The learned standing counsel also points out that based on Chapter 24 of the Statutes, the University can conduct any number of inspections to ensure whether the proposed College has all the facilities and faculty to grant affiliation. 4. Placing reliance on certain photographs produced, it is contended by the learned counsel for the petitioner that the work is complete and all infrastructure facilities have now been provided. Only certain ancillary works are to be completed. Even going by the photographs produced, certain works are yet to be completed and still the work is going on. Even otherwise, when the members of the Syndicate have conducted a personal inspection in the W.P(C) No.29370/16 ## -:9:- matter and have reported the matter to the Syndicate, I do not think that there is any arbitrariness on the part of the Syndicate in refusing the affiliation. 5. It might be true that there is a change in Government policy with regard to granting approval for Self Financing Colleges. But the fact remains that if the University refuses affiliation on the ground that the infrastructure facilities have not been completed and details of faculty members are not available, I do not think that there will be justification on the part of this Court in taking a different view. In the said circumstances, I do not think that the petitioner is entitled to seek a mandamus as sought for or to challenge Ext.P9. The writ petition is, therefore, dismissed. ## Sd/- **A.M. SHAFFIQUE, JUDGE** Rp //True Copy// P.S to Judge