Sarathi Institute of Veterinary and Animal Science (SIVAS) v State of Kerala and Kerala Veterinary and Animal Science University and The Registrar, Kerala Veterinary and Animal Science University

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 22ND DAY OF FEBRUARY 2017/3RD PHALGUNA, 1938** **WP(C).No. 3760 of 2017 (T) ---------------------------** ## **PETITIONER(S):** ## **-------------** **SARATHI INSTITUTE OF VETERINARY AND ANIMAL SCIENCE (SIVAS) A UNIT OF SARATHI ACADEMIC FOUNDATION OF EXCELLENCE (SAFE), THALIPARAMBA, KANNUR- 670 141 REP. BY ITS CHAIRMAN** **REGD. OFFICE KOROM ROAD PERUMBA, PAYYANUR, KANNUR- 670 120** **BY ADVS.SRI.U.BALAGANGADHARAN SRI.G.GIREESH** **RESPONDENT(S):** **--------------** **1. STATE OF KERALA** - **REP. BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM- 695 001** **2. KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY REP. BY ITS REGISTRAR, LAKKIDI, P.O POOKKODE, WAYANAD- 673 576** **3. THE REGISTRAR** **KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY, LAKKIDI P.O. POOKKODE, WAYANAD - 673 576** **R1 BY SENIOR GOVERNMENT PLEADER SRI. C.S.SHEEJA R2 & R3 BY ADV. SMT.AYSHA YOUSEFF, SC,** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **bp** ## **WP(C).No. 3760 of 2017 (T) ---------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS -----------------------** **EXHIBIT P1: A TRUE COPY OF ORDER DATED 12-06-2015 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2: A TRUE COPY OF ORDER DATED 28-09-2015 ISSUED BY THE DIRECTOR OF ACADEMIC AND RESEARCH EXHIBIT P3: A TRUE COPY OF RECEIPT DATED 09-09-2015 ISSUED BY 3RD RESPONDENT EXHIBIT P4: A TRUE COPY OF ORDER DATED 27-11-2015 ISSUED BY THE DIRECTOR OF ACADEMIC AND RESEARCH EXHIBIT P5: A TRUE COPY OF APPLICATION FOR RENEWAL DATED 30-05-2016 SUBMITTED BY THE PETITIONER EXHIBIT P6: A TRUE COPY OF LETTER DATED 31-08-2016 OF 3RD RESPONDENT TO PETITIONER EXHIBIT P7: A TRUE COPY OF JUDGMENT DATED 02-09-2016 IN WPC 29159/16 OF THIS HON'BLE COURT EXHIBIT P8: A COPY OF THE JUDGMENT DATED 03-11-2016 IN WPC NO.29510/2016 PASSED BY THIS HON'BLE COURT EXHIBIT P9: A TRUE COPY OF THE ORDER DATED 2-12-2016 OF THE SECOND RESPONDENT EXHIBIT P10: A TRUE COPY OF THE COMMUNICATION RECEIVED UNDER RTI ACT DATED 08-11-2016 RESPONDENT(S)' EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE** ## **bp** ## **P.B.SURESH KUMAR, J.** **--------------------------------------------** ## **W.P.(C).No.3760 of 2017** **---------------------------------------------------------------** **Dated this the 22[nd] day of February, 2017** ## **J U D G M E N T** The petitioner is an educational institution offering Diploma Courses in Dairy Science, Poultry Production and Laboratory Techniques. Provisional affiliation was given to the petitioner by the second respondent University to conduct three Diploma Courses in the academic year 2015-'16. The petitioner has applied for renewal of the affiliation granted to them to continue the courses commenced. The application preferred by the petitioner in this connection has, however, been rejected by the University as per Ext.P9 order. Ext.P9 order is under challenge in this writ petition. W.P.(c).No.3760 of 2017 : 2 : 2. A statement has been filed by the University supporting Ext P9 order. 3. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the University. 4. It is evident from Ext.P9 order that the application preferred by the petitioner for renewal of the affiliation has been rejected by the University on two grounds. The first ground is that the policy of the Government is not to renew/give affiliation to any institution. The second ground, as clarified by the learned Standing Counsel for the University, is that there is no rule which enables the University to grant automatic renewal of the affiliation granted to an institution. The impugned order does not indicate that there is any deficiency in the infrastructure provided by the petitioner in the institution. The said order also does not indicate that the petitioner has failed to comply with any of the statutory requirements or other conditions prescribed by the University for continuing the affiliation. The petitioner has a specific case that the policy of the Government expressed in the impugned order is the W.P.(c).No.3760 of 2017 : 3 : general policy as regards establishment of educational institutions in the aided and self financing sectors in the State and there is no specific decision taken by the Government as regards the petitioner. This case of the petitioner is not disputed by the University. True, affiliation is granted to institutions by the Universities in the State having regard to the views of the Government in the light of the specific provisions contained in the respective statutes. It is beyond dispute that the view of the Government which is required to be taken note of by Universities while considering the application for grant of affiliation/renewal of affiliation is as to the necessity of such institutions in the State. As far as the institutions, which have already been established investing sizable amounts after obtaining all the requisite permissions and sanctions are concerned, I do not think that affiliation could be denied to them merely on a policy decision of the Government, especially after the institution has been permitted to function by admitting students on the strength of the provisional affiliation granted by the University. This Court has taken such a view in W.P.C W.P.(c).No.3760 of 2017 : 4 : No.24872 of 2016 and connected cases. Coming to the stand taken by the University that there is no enabling rules in the University to grant automatic renewal of the affiliation, according to me, the same shall not also be a reason for denying the renewal of the affiliation sought by the petitioner. It is seen that the stand of the University is that in the absence of enabling provisions, the institutions concerned have to apply for renewal of the affiliation every year and the applications preferred for the renewal of the affiliation can only be considered as applications for grant of affiliation and the University in the said circumstances have to take into account the views of the Government also while considering such applications. It appears, by expressing the said stand, the University is expressing its inability to renew the affiliation already granted to the petitioner. In **Muslim Educational Society (Regd)** v. **State of Kerala and others** (2010(3) KHC 319), this Court took the view that if the University is satisfied that the concerned college fulfills all the requirements for the affiliation, the affiliation shall be permanent, without any limitation as to any period. This W.P.(c).No.3760 of 2017 : 5 : Court has deprecated in the said case, the practice of granting provisional affiliation to institutions and keeping the institutions on tenterhooks, even while the institutions comply with all the requirements to obtain permanent affiliation. The following passage from the said judgment demands quotation in the context of the case on hand : “In other words, if the University is satisfied that, the concerned college has fulfilled all the necessary conditions for affiliation, the affiliation shall be permanent without limitation of any period and only when some conditions are yet to be fulfilled the procedure of granting provisional affiliation can be resorted to and the conditions to be fulfilled for permanent affiliation and the period during which those are to be fulfilled shall also be recorded in the order itself. If there is no such conditions to be fulfilled, the affiliation can only be permanent and cannot be conditional / provisional. But I find that, in all universities in Kerala they adopt this procedure for granting provisional affiliation year to year, without specifying any specific contingencies or conditions to be fulfilled by the colleges for permanent affiliation. Such a procedure or practice is not supported by any provision in the law applicable to universities. On satisfying all the conditions for affiliation, permanent affiliation is the Rule and conditional / provisional affiliation is only the exception which can be resorted to only in cases where the college is yet to satisfy certain conditions for permanent affiliation, which have to be specified in the order, also stipulating a period within which they have to comply with the conditions mentioned therein. I am of opinion that when an institution fulfills all the requirements for permanent affiliation, it is not in the interest of the standards of education to keep the W.P.(c).No.3760 of 2017 : 6 : institution and the students on tenterhooks terming the affiliation as provisional without assigning any reason.” As noted above, the University has no case that the petitioner has failed to comply with any of the statutory requirements for obtaining renewal of the affiliation or that they failed to fulfill the conditions prescribed by the University for the said purpose. In the said circumstance, according to me, the petitioner is entitled to renewal of affiliation sought by them. In the result, the writ petition is allowed, Ext.P9 order is quashed and the second respondent University is directed to grant the renewal of the affiliation sought by the petitioner. Sd/- **P.B.SURESH KUMAR JUDGE** rsr