KVM College of Science and Technology v. Cochin University of Science and Technology (CUSAT)

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 19[TH] DAY OF JULY 2022 / 28TH ASHADHA, 1944** **WP(C) NO. 18712 OF 2022** ## **PETITIONER:** **KVM COLLEGE OF SCIENCE AND TECHNOLOGY KOKKOTHAMANGALAM P.O., CHERTHALA, ALAPPUZHA-688 527, REPRESENTED BY ITS DIRECTOR DR. V. V. PYARELAL.** **BY ADVS. BABU KARUKAPADATH M.A.VAHEEDA BABU P.U.VINOD KUMAR ARYA RAGHUNATH VAISAKHI V. KARUKAPADATH WAZIM BABU AISWARYA ANN JACOB AJWIN P LALSON P.LAKSHMI AYSHA E.M. T.M.MUHAMMED MUSTHAQ MOHAMMED JAMAL B.** ## **RESPONDENTS:** - **1 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY - CUSAT COCHIN UNIVERSITY P.O, KOCHI-682 022, REPRESENTED BY ITS VICE CHANCELLOR.** - **2 THE VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O, KOCHI-682 022,** - **3 THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O, KOCHI-682 022. BY ADV SHRI.S.P.ARAVINDAKSHAN PILLAY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 18712 OF 2022** **2** ## **J U D G M E N T** The petitioner is a Private Educational Institution, recognized by the 1[st] respondent – Cochin University of Science And Technology (CUSAT). They say that they have been conducting Post Graduate Course in Biotechnology, with an intake of 30 students, from the year 2005, remitting the 'Recognition Fee' to the CUSAT without default. They say that, however, for the years 2019-20, 2020-21 and 2021-22, they were unable to remit the 'Recognition Fee' on account of the financial downturn faced by them and also because the number of students drastically fell for the course during this period. They, therefore, pray that CUSAT be directed not to enforce Exts.P27, P31 to P33 demands made on them towards the 'Recognition Fee' and that the 13 students - who had registered with them for the academic year 2020-21 - be allowed to complete the course and their Degree Certificates issued to them. 2. I have heard Smt.Vaheeda Babu – learned counsel appearing for the petitioner and Sri.V.K.Vishnu – learned counsel representing the learned Standing Counsel for the CUSAT. 3. In fact, on hearing Smt.Vaheeda Babu on the afore lines on 01.07.2022, when this matter was earlier listed, I had passed the **WP(C) NO. 18712 OF 2022** **3** ## following interim order: “The counter affidavit on record by the Cochin University of Science and Technology (CUSAT) is conspicuously absent as to what is meant by 'Recognition Fee' and on what basis it has now been revised. The learned Standing Counsel for the CUSAT seeks further time for this purpose. 2. Further, it is, prima facie, shocking to this Court that merely because the petitioner – Institution, has not paid the demand of 'Recognition Fee', the results of their students have been withheld. This appears to be extremely harsh, inequitable and disproportionate, particularly because this will affect lives and careers of the students, who joined the course without being aware of any such controversy. List this matter, therefore, on 14.07.2022; within which time, an explanation for this shall be offered by the CUSAT. In the meanwhile, since this Court is now considering the matter on its merits, I direct the CUSAT not to withhold the results of the students in the M.Sc. Microbiology Course for the Academic Year 2020-21 and to publish it forthwith, in compliance of all the other applicable criterion and requirements.” 4. Today, Sri.V.K.Vishnu submitted that the results of none of the students will be withheld, but that the College must pay the 'Recognition Fee' fixed by his client immediately. He submitted that, an additional counter affidavit, dated 15.07.2022, has been filed, explaining in what manner, the 'Recognition Fee' has been fixed and **WP(C) NO. 18712 OF 2022** **4** justifying its quantum. He argued that petitioner cannot dictate the manner in which the 'Recognition Fees' has to be fixed by the CUSAT and that it is well within their power, as has been declared by the Hon'ble Supreme Court in **Cochin University of Science and** ## **Technology and another v. Thomas P. John and others [(2008)** **8 SCC 82],** that fixing of fee structure is a part of administration and that the University cannot be called upon to justify it with mathematical precision. He thus prayed that this writ petition be dismissed. 5. In reply, Smt.Vaheeda Babu, submitted that, as far as the academic year 2019-20 is concerned, her client was able to obtain 30 students; while, in the academic year 2020-21, only 13 students were available on account of the COVID-19 pandemic disruption. She then added that, as far as the academic year 2021-22 is concerned, not a single student has joined the College; and thus prayed that CUSAT be, at least, directed to reduce the 'Recognition Fee' proportionately for the year 2020-21 and to fully exempt it for the year 2021-22, on account of the afore facts. 6. I have considered and evaluated the afore submissions with great amount of care. 7. The additional counter affidavit filed by the CUSAT dated **WP(C) NO. 18712 OF 2022** **5** 15.07.2022, justifies the imposition of 'Recognition Fee' through paragraphs 5, 6, 7 and 8 thereof. For the sake of a complete reading, I deem it appropriate to extract them as under: “5. It is respectfully submitted that Section 18(ii) of the Cochin University of Science and Technology Act,1986 empowers the Syndicate of the University to admit an Institution to the University as a recognised Institution of the University. It is in accordance with the terms and conditions prescribed by the University that the University recognises an Institution/ Course of an Institution. The recognised Institution are required to pay a 'Recognition Fee' as prescribed by the University from time to time. 6. It is submitted that the 'Recognition Fee' is the fee charged annually from the recognised Institutions of the University to conduct courses under the recognition of the Cochin University of Science and Technology. Annual 'Recognition Fee' is collected after granting extension of recognition to the Institution as a recognised Institution by the Syndicate every year. 7. It is submitted that in the year 2010 the University had entrusted Sri. Baby Chakrapani, Member of the Syndicate, to study the then existing structure of fee collected from the Recognised Institutions of the University and if necessary to revamp and rationalise the fee structure in view of the increased number of requests for starting new courses/colleges. Accordingly, Sri. Baby Chakrapani submitted a report to the Syndicate and the Syndicate at its meeting held on 29.05.2010 resolved to implement the proposal with some modifications. Thereafter, the Syndicate again considered the matter at its meeting held on 31.08.2010 to revise and fix the annual recognition fee payable by the recognised Institutions of the University. A true copy of order No.Ac.C3/21546/CAPE/2000 dated 18.10.2010 rationalising the fee structure of the recognised Institutions of the University is produced herewith and marked as Exhibit-R1(h) and a true copy of the report submitted by Sri. Baby Chakrapani is produced nerewith and marked as Exhibit-R1(i). It is respectfully submitted that from Exts.R1(h) and R1(i) is clear that the Syndicate of the University has **WP(C) NO. 18712 OF 2022** **6** fixed the fee structure of the recognised institutions after conducting a detailed study. It is also submitted that later the Syndicate resolved to review the fees once in two years and on the basis of this decision the fee structure is revised by the Syndicate once in two years. 8. It is submitted that several were to be considered by the Syndicate of the University while fixing the fees for recognition of a course/ institution as recognised by the University. The University has deputed manpower to oversee all the activities of recognised institutions also the University is spending quite a good amount of time and money in order to maintain the academic activities of the recognised institutes. Once recognised by the University the recognised institutions under the University are using the Goodwill, Name and Fame of the University. The institutions get students based mainly on the recognition granted by the University. The University is at the 44[th] position in NIRF Rankings,2021 and has bagged Chancellor's Award for the best University in the state three times in the last four years. University has been continuously ranked in the Times Higher Education University Rankings since 2017. The CUSAT has several world renowned teaching faculty and has contributed a lot to the frontier areas of research.The certificates issued by the University are globally accepted. The students with the certificate of the University are able to get good placements and all of them get much demand in the job market. All this will result in the growth of the Institutions also if they conduct the institutions as per the Guidelines/instructions issued by the University from time to time. Moreover, the University is utilising the various funds received by it for the development of infrastructure, setting up of advanced research labs and investing more in research and student friendly activities which in turn results in supporting the recognised institutions also in their development.” 8. It is thus indubitable that the CUSAT justifies the 'Recognition Fee' based on various criterion and inputs and say that **WP(C) NO. 18712 OF 2022** **7** these Funds, along with others, are used for the development of infrastructure, setting up of advanced research labs and investing more in research and student friendly activities. 9. Obviously, therefore, this Court cannot enter into an evaluation of the factors that went into the mind of the CUSAT in fixing the 'Recognition Fee'; and in any event, it is interesting that only the petitioner has approached this Court through this writ petition and not the various others who have paid the Fee. 10. However, that said, there is some merit in the plea of Smt.Vaheeda Babu that the 'Recognition Fee' in the case of the petitioner must be ordered to be reviewed by the CUSAT, taking note of the fact that their student intake drastically reduced in the year 2020-2021; while it which is zero in the year 2021-22. Though this Court does not find at this time that petitioner is entitled to such benefit conclusively, the CUSAT must consider it and take an apposite decision thereon, as they deem fit. 11. I say so because, the impugned orders and demands seek them to pay the full 'Recognition Fee' for the afore two years also, namely, 2020-21 and 2021-22. 12. However, since Smt.Vaheeda Babu concedes that the full **WP(C) NO. 18712 OF 2022** **8** students strength was admitted in the year 2019-20, the plea of the petitioner for any deduction of the 'Recognition Fee' for that year, certainly cannot be countenanced. Resultantly, I order this writ petition to the limited extent of directing the CUSAT to hear the petitioner and take a decision on their plea with respect to deduction of the 'Recognition Fee' pro rata for the year 2020-21, adverting to the fact that only 13 students were admitted in that year and for exemption from the same for the year 2021-22 because not a single student is stated to have been admitted. The CUSAT will also be at liberty to withdraw the recognition given to the College subsequent to 2021-22, if the College takes the stand that they do not intend to continue with the course. As a necessary corollary to the above, I confirm the interim order dated 01.07.2022, to the extent to which this Court directed the CUSAT not to withhold the results of the 13 students pursuing MSC Biotechnology for the academic year 2020-21; and same shall be published in compliance with all other required criterion being satisfied, without any avoidable delay. The afore exercise shall be completed by the University within a period of six weeks from the date of receipt of a copy of this judgment. **WP(C) NO. 18712 OF 2022** **9** Needless to say, this Court has not spoken affirmatively on any relief to be granted to the petitioner and that it is up to the CUSAT to take a final decision; and the petitioner, subject to their available remedies, will abide by the same. **SD/DEVAN RAMACHANDRAN JUDGE** rp **WP(C) NO. 18712 OF 2022** **10** ## **APPENDIX OF WP(C) 18712/2022** ## **PETITIONER EXHIBITS** **Exhibit P1 A TRUE COPY OF THE ORDER DATED 03/09/2018 ISSUED BY THE RESPONDENT UNIVERSITY, PERMITTING CHANGE OF NAME THE PETITIONER INSTITUTION/COLLEGE.** **Exhibit P2 A TRUE COPY OF THE ORDER DATED 23/07/2005 OF THE 1ST RESPONDENT UNIVERSITY, GRANTING APPROVAL/ SANCTION/ RECOGNITION (PROVISIONAL) FOR CONDUCTING M.SC. DEGREE IN BIOTECHNOLOGY, TO THE PETITIONER COLLEGE, WITH AN ANNUAL INTAKE OF 30. Exhibit P3 A TRUE COPY OF THE INTIMATION DATED 01/04/2006 RECEIVED BY THE PETITIONER COLLEGE FROM THE 3RD RESPONDENT. Exhibit P4 A TRUE COPY OF THE FORWARDING LETTER DATED 17/06/2006 PETITIONER COLLEGE, SENT TO THE 3RD RESPONDENT ALONG WITH THE RELEVANT PORTION OF MEMORANDUM OF UNDERSTANDING. Exhibit P5 A TRUE COPY OF THE ORDER DATED 23/12/2015 OF THE 1ST RESPONDENT UNIVERSITY, EXTENDING PROVISIONAL RECOGNITION TO M.SC. DEGREE IN BIOTECHNOLOGY COURSE TO THE PETITIONER COLLEGE, FOR THE ACADEMIC YEAR 2015-16. Exhibit P6 A TRUE COPY OF THE ORDER DATED 23/09/2017 OF THE 1ST RESPONDENT UNIVERSITY GRANTING EXTENSION OF PROVISIONAL RECOGNITION FOR THE ACADEMIC YEAR 201718 FOR M.SC. DEGREE IN BIOTECHNOLOGY TO THE PETITIONER COLLEGE. Exhibit P7 A TRUE COPY OF THE GST INVOICE DATED 20/04/2018 WITH RESPECT TO THE ANNUAL RECOGNITION FEE REMITTED BY THE PETITIONER COLLEGE TO THE 1ST RESPONDENT UNIVERSITY FOR THE ACADEMIC YEAR 2017-18. Exhibit P8 A TRUE COPY OF THE LETTER DATED 30/05/2017, ISSUED BY THE 1ST RESPONDENT INSTRUCTING TO REMIT RS. 50,000/- FOR PROVIDING COPY OF THE RANK LIST OF CAT 2017 FOR M.SC. DEGREE IN BIOTECHNOLOGY. Exhibit P9 A TRUE COPY OF THE RECEIPT DATED 26/06/2018 EVIDENCING REMITTANCE OF RS. 50,000/- BY THE PETITIONER COLLEGE, FOR PROVIDING COPY OF THE RANK** **WP(C) NO. 18712 OF 2022** **11** **LIST OF CAT 2017 FOR M.SC. DEGREE IN BIOTECHNOLOGY.** **Exhibit P10 A TRUE COPY OF THE INSPECTION REPORT DATED 27/10/2018 FOR THE YEAR 2018-19 WITH RESPECT TO THE PETITIONER COLLEGE ALONG WITH TYPED COPY. Exhibit P11 A TRUE COPY OF THE ORDER DATED 02/03/2019 OF THE 1ST RESPONDENT. Exhibit P12 A TRUE COPY OF THE ORDER DATED 07/03/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER COLLEGE, IN PURSUANCE TO EXHIBIT P11, INTERDICTING THE PETITIONER COLLEGE, FROM ADMITTING STUDENTS FOR M.SC. BIOTECHNOLOGY COURSE FROM 2019-20 BATCH ONWARDS. Exhibit P13 A TRUE COPY OF THE ORDER DATED 22/02/2019, DECLINING THE REQUEST FOR RECOGNITION OF MBA COURSE IN THE PETITIONER COLLEGE. Exhibit P14 A TRUE COPY OF THE ORDER DATED 16/03/2019, DECLINING THE REQUEST FOR RECOGNITION OF M.SC. MICROBIOLOGY COURSE IN THE PETITIONER COLLEGE. Exhibit P15 A TRUE COPY OF THE ORDER DATED 27/04/2017 OF THE MAHATMA GANDHI UNIVERSITY, FIXING COURSE AFFILIATION FEE, WITH RESPECT TO AIDED AND UN-AIDED COLLEGES. Exhibit P16 A TRUE COPY OF THE ORDER DATED NIL OF THE UNIVERSITY OF KERALA, FIXING COURSE AFFILIATION FEE, WITH RESPECT TO AIDED AND UN-AIDED COLLEGES. Exhibit P17 A TRUE COPY OF THE INTERIM ORDER DATED 10/04/2019 IN W.P. (C) NO. 11093/2019 STAYING THE OPERATION OF EXHIBITS P10 TO P12 (P15 TO 17 THEREIN) DIRECTING THE UNIVERSITY THAT, THE PETITIONER SHALL PERMITTED TO ADMIT STUDENTS FOR THE ACADEMIC YEAR 2019-20 FOR M.SC. DEGREE IN BIOTECHNOLOGY ON CONDITION. Exhibit P18 A TRUE COPY OF THE RECEIPT DATED 11/07/2019 REMITTING RS. 12,15,505/- AS AFFILIATION FEE FOR THE ACADEMIC YEAR 2018-19. Exhibit P19 A TRUE COPY OF THE ORDER DATED 19/08/2019 OF THE 1ST RESPONDENT UNIVERSITY ISSUED IN PURSUANCE TO EXHIBIT P17 INTERIM ORDER W.P. (C) NO. 11093/2019, INTIMATING THE DECISION OF THE SYNDICATE THAT** **WP(C) NO. 18712 OF 2022** **12** **EXTENSION OF RECOGNITION TO THE PETITIONER BE GRANTED FOLLOWING THE USUAL PROCEDURE WITH RESPECT TO THE ACADEMIC YEAR 2019-2020.** **Exhibit P20 A TRUE COPY OF THE JUDGMENT DATED 04/08/2020 OF THIS HON'BLE COURT IN W.P. (C) NO. 11093/2019. Exhibit P21 A TRUE COPY OF THE REQUEST DATED 05/06/2020 SUBMITTED BY THE PETITIONER REQUESTING TO GRANT AFFILIATION TO 20 MORE SEATS FOR M.SC. BIOTECHNOLOGY, FROM 2020-21 ONWARDS. Exhibit P22 A TRUE COPY OF THE ORDER DATED 05/10/2020 OF THE 1ST RESPONDENT, DECLINING EXHIBIT P21 SUBMITTED FOR INCREASE OF INTAKE FOR M.SC. BIOTECHNOLOGY Exhibit P23 A TRUE COPY OF THE ORDER DATED 24/11/2020 DECLINING THE REQUEST FOR PROVIDING THE RANK LIST OF M.SC. BIOTECHNOLOGY STUDENTS APPLIED UNDER CUSAT FOR HE ACADEMIC YEAR 2019-20. Exhibit P24 A TRUE COPY OF THE LETTER DATED 25/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. Exhibit P25 A TRUE COPY OF THE ORDER DATED 15/02/2021 OF THE 1ST RESPONDENT DECLINING THE REQUEST FOR GRANTING APPROVAL TO START M.SC. MICROBIOLOGY AND MBA PROGRAMS, FURTHER EXTENDING THE PROVISIONAL AFFILIATION TO M.SC. BIOTECHNOLOGY PROGRAMME FOR THE ACADEMIC YEAR 2020-21. Exhibit P26 A TRUE COPY OF THE ORDER DATED 15/02/2021 OF THE 1ST RESPONDENT DECLINING PERMANENT RECOGNITION FOR M.SC. BIOTECHNOLOGY PROGRAMME. Exhibit P27 A TRUE COPY OF THE NOTICE DATED 23/03/2021 FROM THE 1ST RESPONDENT INSTRUCTING THE COLLEGE TO PAY RECOGNITION FEE FOR THE ACADEMIC YEARS 2019-20 AND 2020-21 @ RS. 12,76,280/- FOR EACH YEAR. Exhibit P28 A TRUE COPY OF THE REQUEST DATED 31/03/2021 SUBMITTED BY THE PETITIONER, REQUESTING TO REDUCE THE ANNUAL RECOGNITION FEE. Exhibit P29 A TRUE COPY OF THE NOTICE DATED 03/09/2021 ISSUED BY THE 1ST RESPONDENT DEMANDING REMITTANCE OF INSPECTION FEE OF RS. 19,155/- FOR EXTENSION OF** **WP(C) NO. 18712 OF 2022** **13** **PROVISIONAL RECOGNITION FOR THE ACADEMIC YEARS 2020-21 AND 2021-22, ALONG WITH RECEIPT.** **Exhibit P30 A TRUE COPY OF THE REQUEST DATED 02/09/2021 SUBMITTED BY THE PETITIONER COLLEGE INTER ALIA POINTING OUT THAT THE PETITIONER COLLEGE IS NOT IN A POSITION TO CONTINUE THE COURSE WITH SUCH EXORBITANT ANNUAL RECOGNITION FEE. Exhibit P31 A TRUE COPY OF THE ORDER DATED 13/10/2021 OF THE 1ST RESPONDENT REJECTING EXHIBIT P30. Exhibit P32 A TRUE COPY OF THE NOTICE DATED 20/12/2021 ISSUED BY THE 1³ RESPONDENT DIRECTING THE PETITIONER TO REMIT THE ANNUAL RECOGNITION FEE @ RS.12,76,280/FOR THE ACADEMIC YEARS 2019-20, 2020-21 AND 2021-22 (TOTAL RS. 38,28,840/-). Exhibit P33 A TRUE COPY OF THE REMINDER NOTICE DATED 03/05/2022 ISSUED BY THE 1ST RESPONDENT DIRECTING THE PETITIONER TO REMIT THE ANNUAL RECOGNITION FEE @ RS.12,76,280/- FOR THE ACADEMIC YEARS 2019-20, 2020-21 AND 2021-22 (TOTAL RS 38.28.840/-). RESPONDENT EXHIBITS Exhibit R1(A) TRUE COPY OF UNIVERSITY ORDER NO.AC.C3/441/99/(II) DATED 11.10.2001. Exhibit R1(B) TRUE COPY OF THE UNIVERSITY ORDER NO. AC. C3/33/KVM/CEIT/2004 DATED 2.9.2004. Exhibit R1(C) TRUE COPY OF THE UNDERTAKING EXECUTED BY THE SECRETARY, K V M TRUST DATED 17.4.2004. Exhibit R1(D) TRUE COPY OF LETTER NO.KVMCEIT/CUSAT/AFF. FEE/2005 DATED 15.6.2005 ALONG WITH RECEIPT DATED 16.7.2005 ISSUED BY THE UNIVERSITY. Exhibit R1(E) TRUE COPY OF THE LETTER DATED 1.9.2005 ALONG WITH RECEIPT DATED 1.9.2005 ISSUED BY THE UNIVERSITY. Exhibit R1(F) TRUE COPY OF UNIVERSITY ORDER NO.CUSAT/AC(A)A4/407/2020 DATED 13.2.2020. Exhibit R1(G) TRUE COPY OF UNIVERSITY ORDER NO. CUSAT/AC(A)A4/679/2022 DATED 6.2.2022.** **14** ## **WP(C) NO. 18712 OF 2022** **Exhibit R1(H) TRUE COPY OF THE UNIVERSITY ORDER NO. AC. C3/21546/CAPE/2000 DATED 18//10/2010 Exhibit R1(I) TRUE COPY OF THE REPORT SUBMITTED BY SRI. BABY CHAKRAPANI, MEMBER SYNDICATE FOR FIXING ANNUAL RECOGNITION FEE TO DIFFERENT RECOGNISED COLLEGES/INSTITUTES UNDER CUSAT**