Malabar Educational & Charitable Trust v. University of Kannur and Others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2022-06-21
Court Decision / Holding: I order this writ petition, directing the competent Authority of the Kannur University to complete proceedings on the application for affiliation, adverting to Ext.P12 and all other relevant aspects, as expeditiously as possible but not later than two months from the date of receipt of a copy of this judgment; the petitioner will be at liberty to admit students only after the affiliation is afforded, which shall be done as per law.
Final Disposition: Writ petition allowed; University directed to complete affiliation proceedings within two months; Admission of students to be allowed only after affiliation as per law.

Parties to the Case

Appellants / Petitioners

The Malabar Educational & Charitable Trust

Respondents

The University of Kannur
The Registrar, Kannur University
The Vice Chancellor, Kannur University
State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• K. Mohanakannan
• H. Praveen (Kottarakkara)

Counsels for Respondents

• I.V. Pramod
• K. B. Ramanand

Case Synopsis & Summary

Petitioner, a charitable trust, sought affiliation for a Self Financing B.Ed Training College at Kannur after obtaining recommendations from competent authorities. Despite infrastructure clearance and government concurrence, Kannur University delayed the decision on affiliation, prompting this writ petition. The petitioner’s counsel asserted that the university had completed the infrastructure enquiry and that Ext.P12 records government concurrence, rendering the delay unlawful. The University and the State contended that while government views may be sought, they are not binding on an autonomous university and that the university must complete the infrastructure evaluation before finalizing a grant of affiliation. The court held that autonomy allows such universities to act within the law and noted, invoking Vidya International Charitable Trust v. A.P.J. Abdul Kalam Technological University (2017(2) KLT 1049), that government views are not binding on autonomous universities. It observed interim orders indicating a resolution to grant affiliation on 13.07.2020/2021 and concluded that a university cannot keep an application pending indefinitely. It directed the university to complete proceedings expeditiously, within two months from a copy of the judgment, and clarified that admission of students would be permissible only after affiliation as per law. The court emphasized timely action and due process, directing expeditious finalization of the affiliation and subsequent admissions.

Provisions of Law Cited

Kannur University First Statute 1998GO(MS) No. 299/2020/H.EDN, dated 20/08/2020GO(RT) 1641/2021/HEDN, dated 09.12.2021

Legal Doctrines & Maxims

Autonomy of universities

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioner contends that necessary infrastructure enquiry has been completed, Ext.P12 records government concurrence, and the University has already resolved to grant affiliation; delay in final decision is illegal and impermissible; government views are not binding on autonomous universities and the process should proceed in accordance with law.

Contentions of Respondents

Respondents contend that government concurrence is now available and that the University must complete due diligence and infrastructure evaluation before finalizing the decision; while government views may be sought, they are not binding on the autonomous University, which must act in accordance with law.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Vidya International Charitable Trust v. A.P.J. Abdul Kalam Technological University	2017(2) KLT 1049	Positive	The court held that the University’s autonomy allows it to act without binding government views, which supports the petitioner's argument and the court’s reliance on the autonomy principle.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 21[ST] DAY OF JUNE 2022 / 31ST JYAISHTA, 1944** **WP(C) NO. 16634 OF 2021** ## **PETITIONER:** THE MALABAR EDUCATIONAL & CHARITABLE TRUST, YOGASALA ROAD, KANNUR-670001, REPRESENTED BY ITS DIRECTOR AND MANAGING TRUSTEE VALSAN MATATHIL. BY ADVS. K.MOHANAKANNAN H.PRAVEEN (KOTTARAKARA) ## **RESPONDENTS:** 1 THE UNIVERSITY OF KANNUR, THAVAKKARA, CIVIL STATION P.O., KANNUR-670002, REPRESENTED BY ITS REGISTRAR. 2 THE REGISTRAR, KANNUR UNIVERSITY, THAVAKKARA, CIVIL STATION P.O., KANNUR-670002. 3 THE VICE CHANCELLOR, KANNUR UNIVERSITY, THAVAKKARA, CIVIL STATION P.O., KANNUR-670002. 4 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY ADVS. M.SASINDRAN GOVERNMENT PLEADER I.V.PRAMOD SRI.K B RAMANAND-SPL GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 16634 OF 2021** **2** ## **JUDGMENT** The petitioner, which is a Charitable Trust, submits that they have already received recommendations from all competent Authorities for setting up a Self Financing B.Ed Training College, but that its affiliation has been now delayed indefinitely by the 1[st] respondent – University of Kannur. 2. Sri.K.Mohana Kannan – learned counsel for the petitioner, pointed out that necessary enquiry relating to the infrastructure of the proposed college has already been completed by the University; and that on such basis, they had written to the Government seeking their views, which has now culminated in Ext.P12, whereby, such concurrence has been granted. The learned counsel submitted that, therefore, the present delay caused by the University in **WP(C) NO. 16634 OF 2021** **3** granting affiliation is illegal and impermissible. 3. Sri.K.B.Ramanand – the learned Special Government Pleader, affirmed that Government has already approved the petitioner's request through Ext.P12; and that, therefore, it is upto the University to take an apposite decision thereon as per law. 4. I, therefore, asked Sri.I.V.Pramod – learned Standing Counsel for the Kannur University, as to why the process for affiliation has been held up. He explained that the University was awaiting the concurrence of the Government, which it has now obtained through Ext.P12; but that the enquiry relating to the infrastructure of the college will have to be properly completed, before a final decision can be taken. He, however, conceded, to a pointed question from this Court, that **WP(C) NO. 16634 OF 2021** **4** there is force in the submissions of the petitioner that a Resolution has been adopted by the University to grant them affiliation on 13.07.2020. He thus prayed that this writ petition be ordered, allowing the University to complete proceedings on the application for affiliation made by the petitioner as per law. 5. When I consider the afore submissions, it is indubitable that the University cannot keep an application for affiliation pending _ad infinitum_ . In fact, the law has now been well settled by this Court through _**Vidya**_ _**International Charitable Trust v. A.P.J.Abdul**_ _**Kalam Technological University**_ [2017(2) KLT 1049] that, though the University can ask for views of the Government, same is not binding upon them, they being autonomous in their sphere. Of course, this is not relevant now since the Government has issued Ext.P12 **WP(C) NO. 16634 OF 2021** **5** concurring with the proposal. In fact, the factum of the Kannur University having resolved to grant affiliation to the petitioner has been recorded by a learned Judge of this Court in the interim order dated 16.11.2021. Resultantly and taking note of the specific submissions of Sri.K.Mohana Kannan, that Kannur University has already resolved to grant affiliation to his client on 13.07.2021, I order this writ petition, directing the competent Authority of the said University to complete proceedings on the application of the petitioner for affiliation, adverting to Ext.P12 and to all other relevant and germane aspects; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment. **WP(C) NO. 16634 OF 2021** **6** Needless to say, the petitioner will be at liberty to admit students only after the affiliation is afforded, which shall be done as per law. **Sd/-** SAS **DEVAN RAMACHANDRAN JUDGE** **WP(C) NO. 16634 OF 2021** **7** ## **APPENDIX OF WP(C) 16634/2021** PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE KANNUR UNIVERSITY, DATED 25/05/2006. - Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED 30/11/2020 OF RESPONDENT UNIVERSITY. - Exhibit P3 TRUE COPY OF THE PUBLICATION OF EXT.P2 NOTIFICATION ISSUED BY THE RESPONDENT UNIVERSITY DATED 30/11/2020. - Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE KANNUR UNIVERSITY, FIRST STATUTE 1998. - Exhibit P5 TRUE COPY OF THE GO(MS) NO. 299/2020/H.EDN. DATED 20/08/2020. - Exhibit P6 TRUE COPY OF THEJUDGMENT IN WPC NO. 28874/2020 DATED 28/05/2021. - Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 11/06/2021 BEFORE THE 2ND RESPONDENT ALONG WITH THE APPLICATION FOR AFFILIATION AND DD. - Exhibit P8 TRUE COPY OF THE COMMUNICATION SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 26/07/2021. - Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 05/08/2021. - Exhibit P10 TRUE COPY OF THE NOTIFICATION NO. ACAD/SWC/11475/2021 DATED 10/08/2021 PUBLISHED BY THE UNIVERSITY. - Exhibit P11 TRUE COPY OF THE COMMUNICATION SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED **8** ## **WP(C) NO. 16634 OF 2021** 18/08/2021. Exhibit P12 TRUE COPY OF THE GO(RT) 1641/2021/HEDN DATED 09.12.2021 //TRUE COPY// P.A. TO JUDGE