Musaliar Education Trust v. State of Kerala and University of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **WEDNESDAY, THE 02ND DAY OF DECEMBER 2020 / 11TH AGRAHAYANA, 1942** ## **WP(C).No.15831 OF 2020(D)** ## **PETITIONER:** **THE MUSALIAR EDUCATION TRUST, KOLLAM MUSALIAR COLLEGE OF ENGINEERING, KADAKOM P.O, CHIRAYINKEEZH, THIRUVANANTHAPURAM - 695304, REPRESENTED BY ITS GENERAL SECRETARY.** **BY ADVS. SRI.ABDUL JAWAD K. SMT.A.GRANCY JOSE** ## **RESPONDENTS:** **1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM, PIN-695034.** **R2 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI K.R.RANJITH- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2 WP(C) 15831 OF 2020 ## **JUDGMENT** The petitioner Trust, which is running an Engineering College, by name, Musaliar College of Engineering, a Self Financing Engineering College at Chirayinkeezh, on the strength of an approval granted by All India Council for Technical Education and recognition granted by A.P.J. Abdul Kalam Technological University, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P15 communication dated 03.06.2020 issued by the 2[nd] respondent; Ext.P17 communication dated 18.06.2020 issued by the said respondent enclosing therewith the proceedings of the hearing conducted by the Standing Committee of the 2[nd] respondent University of Kerala; and Ext.P20 communication dated 03.07.2020 issued by the 2[nd] respondent University. The petitioner Trust has also sought for a declaration that it has sufficiently complied with the requirement of law as well as the demands in Exts.P15 and P17 to the extent they stand in law and as such, it is entitled for being granted with affiliation for its new Arts and Science College by name, Musaliar College of Arts and Science, based on Ext.P7 application; a writ of mandamus commanding the 2[nd] WP(C) 15831 OF 2020 3 respondent University to grant affiliation for the proposed college based on Ext.P7 application, for the current academic year 2020-21; a writ of mandamus commanding the 2[nd] respondent to treat Ext.P7 application and the supporting documents submitted hitherto including the one submitted along with Ext.P22 as the application for affiliation for the academic year 2021-22 and to continue the process thereon from where it stands as for the present and to pass final orders thereon by the Syndicate of the 2[nd] respondent within a time frame to be fixed by this Hon'ble Court, before the statutory time limit of 31.12.2020; and an order directing the 2[nd] respondent to grant temporary affiliation forthwith so as to enable the petitioner to comply with further conditions, if any, within the time limit stipulated by the 2[nd] respondent University. 2. On 04.08.2020, when this writ petition came up for admission, the learned Senior Government Pleader took notice for the 1[st] respondent. The learned Standing Counsel for the University of Kerala took notice for the 2[nd] respondent and sought time to file counter affidavit. 3. On 17.08.2020, when this writ petition came up for 4 WP(C) 15831 OF 2020 consideration, this Court passed an interim order, which reads thus; “Without prejudice to the petitioner's challenge made in this writ petition, the petitioner is also given liberty to submit a fresh application for the academic year 202122. It is made clear that if it is found that the petitioner is entitled to affiliation based on the challenge now made against the impugned order, the petitioner reserved with a liberty to claim the same for the next academic year.” 4. A counter affidavit has been filed by the 2[nd] respondent University, opposing the reliefs sought for in this writ petition. The petitioner has also filed a reply affidavit. 5. On 20.10.2020, when this writ petition came up for consideration, the learned Standing Counsel for the University sought time to get instructions on the additional documents placed on record along with the reply affidavit filed by the petitioner. Thereafter, a statement on behalf of the 2[nd] respondent is placed on record, on 10.11.2020. 6. On 24.11.2020, when this writ petition came up for consideration, this Court heard the learned counsel for the petitioner and also the learned Standing Counsel for the 2[nd] respondent University. By order dated 24.11.2020, the learned Standing Counsel for the University was directed to ensure that WP(C) 15831 OF 2020 5 the files relating to Ext.P20 order is made available for the perusal of this Court. 7. Today, when this writ petition is taken up for consideration, the files relating to Ext.P20 order is made available for the perusal of this Court, by the learned Standing Counsel for the 2[nd] respondent University. 8. Heard the learned counsel for the petitioner, the learned Government Pleader for the 1[st] respondent State and also the learned Standing Counsel for the 2[nd] respondent University. 9. Ext.P7 application made by the petitioner seeking affiliation for Musaliar Arts and Science College, Chirayinkeezhu, stands rejected by Ext.P20 order dated 03.07.2020 of the 2[nd] respondent University. The said order reads thus; “I am to inform you that the application submitted by the Musaliar Educational Trust for the affiliation of the proposed 'Musaliar College of Arts and Science' during 2020-21 is rejected under orders of the Vice Chancellor, upon the recommendation of the Standing Committee of the Syndicate on affiliation of colleges, consequent to the hearing accorded to the Educational Agency in deference to the directions of the Hon'ble High Court of Kerala and having been convinced that the Educational 6 WP(C) 15831 OF 2020 Agency has not succeeded in rectifying the existing defects pertaining to the said application.” 10. The petitioner has also challenged Ext.P15 communication dated 03.06.2020 issued by the 2[nd] respondent University, whereby certain deficiencies were noted in the inspection conducted by the inspection team, on Ext.P7 application made by the petitioner seeking affiliation for a new Arts and Science College, and also Ext.P17 communication dated 18.06.2020 of the 2[nd] respondent, enclosing therewith the proceedings of the hearing conducted by the Standing Committee of the Syndicate on affiliation of colleges dated 11.06.2020. 11. During the course of arguments, the submission made by the learned Standing Counsel for the 2[nd] respondent University is that, though the reasons for rejecting the application made by the petitioner for granting affiliation to a new Arts and Science College are not reflected in Ext.P20 order, those reasons are discernible from the proceedings of the hearing conducted by the Standing Committee of the Syndicate on affiliation of colleges, which is enclosed along with Ext.P17 communication dated 18.06.2020. 12. In **Malu M. and others v. State of Kerala and** WP(C) 15831 OF 2020 7 **others [ILR 2015 (3) Ker. 869]** , this Court held that the object underlying the rules of natural justice is to prevent miscarriage of justice and secure fair play in action. The recording of reasons by an administrative or quasi-judicial authority serves a salutary purpose, namely, it excludes chances of arbitrariness and ensures a degree of fairness in the process of decisions making. It would apply equally to all decisions made by such authority and its application cannot be confined to decisions which are subject to appeal, revision or judicial review. At the same time, it is not the requirement that, the reasons should be as elaborate as in the decision of a court of law. What is necessary is that, the reasons are clear and explicit so as to indicate that the authority has given due consideration to the points in controversy. Hence, it is an essential requirement of the rule of law that, some reasons, at least in brief, must be disclosed in the order passed by an administrative or quasi-judicial authority. 13. In the light of the law laid down in the decision referred to supra, Ext.P20 decision taken by the 2[nd] respondent University, whereby Ext.P7 application made by the petitioner for affiliation of a new Arts and Science College stands WP(C) 15831 OF 2020 8 rejected, without stating any reasons whatsoever, cannot be sustained in law, which can only be set aside with a direction to the 2[nd] respondent University to pass fresh orders supported by reasons, after affording the petitioner an opportunity of being heard. 14. During the course of arguments, the submissions made by the learned counsel for the petitioner is that, some of the deficiencies pointed out by the 2[nd] respondent in Ext.P15 are not as per the statutory requirements and in so far as some other deficiencies are concerned, the petitioner has cured certain deficiencies either before or after Ext.P15. Without noticing the said fact that, in Ext.P17 proceedings, it is concluded that some of the deficiencies are still existing and as such, the application made by the petitioner for affiliation can only be rejected. 15. The learned Standing Counsel for the 2[nd] respondent University would submit that the University shall issue fresh communication to the petitioner pointing out the deficiencies, within a period of ten days from the date of receipt of a certified copy of the judgment, to which the petitioner can submit its explanation/compliance report. Thereafter, if found WP(C) 15831 OF 2020 9 necessary, the University shall conduct inspection through the inspection team and then, take a final decision on the application made by the petitioner for affiliation, without further delay and the entire exercise shall be completed, within a period of one month from the date of submission of explanation/compliance report. 16. In such circumstances, this writ petition is disposed of with the following directions: - (i) Ext.P10 order dated 07.11.2019 issued by the 2[nd] respondent University is set aside since it is not supported by reasons, so as to enable the University to reconsider the matter. - (ii) The 2[nd] respondent University shall issue a fresh communication to the petitioner pointing out the deficiencies noted on the request made by the petitioner for affiliation to start a new Arts and Science College, within ten days from the date of receipt of a certified copy of this judgment. - (iii) On receipt of such communication, the petitioner shall submit its explanation/ compliance report within a period of two weeks. - (iv) On receipt of explanation/compliance report WP(C) 15831 OF 2020 10 by the petitioner, the 2[nd] respondent University shall take a final decision on the application submitted by the petitioner for affiliation, after conducting inspection, if found necessary, and the decision so taken shall be communicated to the petitioner within a period of one month from the date of submission of explanation/compliance report, after adverting to the factual and legal contentions raised by the petitioner. Sd/- **ANIL K. NARENDRAN** **JUDGE** **yd** 11 WP(C) 15831 OF 2020 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE NAME AND DETAILS OF THE HIGHER SECONDARY SCHOOLS WITHIN THE RADIUS OF 10KM OF THE PROPOSED COLLEGE, WHICH WAS SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER ALONG WITH ITS APPLICATION FOR AFFILIATION.** **EXHIBIT P2 TRUE COPY OF THE RESOLUTION OF THE CHIRAYINKEEZHU BLOCK PANCHAYATH DATED 05.08.2019 ALONG WITH COVERING LETTER DATED 13.08.2019.** - **EXHIBIT P3 TRUE COPY OF THE COVERING LETTER OF APPLICATION DATED 30.08.2017 SUBMITTED BY THE PETITIONER BEFORE THE KERALA UNIVERSITY.** - **EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 03.10.2018 BY THE 2ND RESPONDENT** - **EXHIBIT P5 TRUE COPY OF THE COVERING LETTER OF THE PETITIONER DATED 16.10.2018, WHEREBY ADDITIONAL INFORMATION WAS FURNISHED TO THE 2ND RESPONDENT.** - **EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 30.08.2019 IN WP(C) NO. 22766/2019 ON THE FILE OF THIS HON'BLE COURT.** - **EXHIBIT P7 TRUE COPY OF THE COVERING LETTER DATED 31.08.2019 SUBMITTED BY THE PETITIONER ALONG WITH THE APPLICATION FOR AFFILIATION.** **EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 26.10.2019 BY THE 2ND RESPONDENT.** - **EXHIBIT P9 TRUE COPY OF THE REPLY LETTER DATED 07.11.2019 BY THE PETITIONER IN RESPONSE TO EXT-P8.** **EXHIBIT P10 TRUE COPY OF THE LIST OF DOCUMENTS SUBMITTED ON 07.11.2019.** 12 WP(C) 15831 OF 2020 - **EXHIBIT P11 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 05.02.2020 FILED BY THE 2ND RESPONDENT IN CONTEMPT CASE 227/2020.** - **EXHIBIT P12 TRUE COPY OF THE LETTER DATED 07.03.2020 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P13 TRUE COPY OF THE LETTER DATED 06.03.2020 ISSUED BY THE KCZMA.** - **EXHIBIT P14 TRUE COPY OF THE REPLY DATED 10.03.2020 OF THE PETITIONER.** - **EXHIBIT P15 TRUE COPY OF THE LETTER DATED 03.06.2020 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P16 TRUE COPY OF THE REPLY STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE STANDING COMMITTEE OF THE 2ND RESPONDENT ON 11.06.2020.** - **EXHIBIT P17 TRUE COPY OF THE COVERING LETTER DATED 18.06.2020 ALONG WITH THE PROCEEDINGS OF THE HEARING CONDUCTED BY THE STANDING COMMITTEE OF THE 2ND RESPONDENT.** - **EXHIBIT P18 TRUE COPY OF THE SURVEY SKETCH, WHICH WAS SUBSEQUENTLY CERTIFIED BY THE VILLAGE OFFICER.** - **EXHIBIT P19 TRUE COPY OF NOC DATED 03.07.2020 ISSUED BY THE A.P.J. ABDUL KALAM TECHNOLOGICAL UNIVERSITY.** - **EXHIBIT P20 TRUE COPY OF THE LETTER DATED 03.07.2020 OF THE 2ND RESPONDENT.** - **EXHIBIT P21 TRUE COPY OF THE REPLY OF THE PETITIONER DATED 03.07.2020.** - **EXHIBIT P22 TRUE COPY OF THE COVERING LETTER OF THE PETITIONER DATED 08.07.2020.** |WP(C) 15831 OF 2020|13| |---|---| |**EXHIBIT P23**|**TRUE COPY OF THE STRUCTURAL STABILITY**| ||**CERTIFICATE DATED 17.06.2020 ISSUED BY**| ||**THE ARCHITECT.**| |**EXHIBIT P24**|**TRUE COPY OF THE CERTIFICATE AND**| ||**COVERING LETTER DATED 14/9/2020 ISSUED**| ||**BY THE SECRETARY OF THE CHIRAYINKEEZH**| ||**GRAMA PANCHAYATH TO THE PETITIONER**| |**EXHIBIT P25**|**TRUE COPY OF THE FITNESS CERTIFICATE**| ||**DATED 19/8/2020 ISSUED BY THE**| ||**ASSISTANT ENGINEER LSGD, CHIRAYINKEEZH**| ||**PANCHAYATH TO THE PETITIONER**| |**EXHIBIT P26**|**TRUE COPY OF THE COVERING LETTER DATED**| ||**12/10/2020 WHEREBY THE ADDITIONAL**| ||**DOCUMENTS ARE PRODUCED BEFORE THE 2ND**| ||**RESPONDENT**| **RESPONDENTS' EXHIBITS:NIL** **TRUE COPY PA TO JUDGE**