High Court of KeralaSingle Judge2022-01-07Writ petition disposed/dismissed; maintainabili...

Self Financing Arts and Science College Management Welfare Association v. State of Kerala and others

Case / Petition Number:WP(C) NO. 16789 OF 2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Amit Rawal
Judgment Date: 2022-01-07
Court Decision / Holding: Writ petition dismissed. The court held the challenge to the CAP documents and the policy as raised by the petitioner is not maintainable, citing lack of locus standi. All impleading I.A.s are permitted. The matter underscores that the petitioner did not establish a right to challenge the CAP or policy, and the petition does not disclose a right to seek relief under Article 226; exhibits and related records (P1–P17) remain on record, with the respondents maintaining authority over CAP and policy alignment with Supreme Court directions.
Final Disposition: Writ petition disposed/dismissed; maintainability issue resolved against petitioners; impleading applications allowed.

Parties to the Case

Appellants / Petitioners

Self Financing Arts and Science College Management Welfare Association (Reg. No. TVM/TC/1278/212), represented by its President, M.P. Rahim, Nest College, Karivellur

Respondents

State of Kerala
Calicut University
Mahatma Gandhi University
Kerala University
Kannur University
Additional Manager, Korambayil Ahamed Haji Memorial Women’s College, Manjeri
Additional Manager, St. Stephen’s College, Uzhavoor
Additional Manager, B.C.M. College for Women, Kottayam
Additional Kerala Private College Management Association, represented by its General Secretary
Additional Manager, Morning Star Home Science College, Angamaly
Additional Manager, Bishop Kurialacherry College for Women, Amalagar
Additional Corporate Manager, Corporate Educational Agency, Diocese of Kothamangalam
Additional Corporate Manager of MES Aided Colleges, MES Head Quarters, Kozhikode
Additional Corporate Manager, Malankara Orthodox Church Colleges, Devalokam
Additional Manager, St. Mary’s College, Sulthan Bathery
Additional Manager, Mar Diogysius College, Pazhanji
Additional Manager, Pavanatima College, Murickassery
Additional Al-Ameen College, Edathala (Aluva)

Legal Representation & Advocates

Counsels for Petitioners

• Haris Beeraan Azhar
• O.A. Nuriya

Counsels for Respondents

• Asok M. Cherian
• Surin George Ipe
• Thomas Abraham
• M. Sasindran
• Baby Isaac Illikkal Babu
• Kurup? (Anila Umesh)
• I.V. Pramod
• Isaac Kuruvilla Illikal
• M.A. Vaheeda Babu
• P.U. Vinod Kumar
• Arya Raghnath Vaisakhiv
• T.M. Muhammed Musthaq
• Ibrahim Khan (Sr.)
• K.B. Ramanand
• P.C. Sasidharan
• Calicut University counsel

Case Synopsis & Summary

This writ petition filed by the Self-Financing Arts & Science College Management Welfare Association assails the documents relating to CAP (Exhibits P6 and P7) and seeks to quash the same on the basis of government policy and directions of the Supreme Court, contending that aided colleges should not conduct self-financing courses. The petition seeks mandamus to prevent the State from issuing NOC to aided colleges for self-financing courses, and to prohibit renewal or opening of such courses in aided colleges, while directing implementation of the policy decision of the State as reflected in the Supreme Court’s order (Ext P5). The petition relies on policy statements and prior judicial directives to contend that self-financing programs in aided institutions are impermissible. The High Court anchors its analysis on maintainability, referencing the Court’s own decision in Self Financing Arts and Science College Management Welfare Association v. M.G.University, Kottayam and others (2016 (4) KHC 293) to highlight locus standi concerns and the requirement that a petitioner show a concrete right invaded or threatened. The court ultimately dismisses the petition, holding the challenge to Ext P2/P6–P7 not maintainable, and allows impleading applications. The judgment cites Article 226 principles and reiterates that the petition fails to establish a right to seek relief, even as it preserves the right of impleadment for the concerned parties. Exhibits P1–P17 are listed in the Appendix.

Provisions of Law Cited

Article 226 of the Constitution of India

Legal Doctrines & Maxims

Locus standi doctrine
Right must exist and be threatened/invaded under Article 226
Existence of a legal right as foundation of a writ petition under Article 226

Submissions & Arguments

Contentions of Appellants / Petitioners

The petition argues that Exhibits P6 (prospectus) and P7 (CAP) are contrary to government policy and the Supreme Court’s directions (Ext P5). It seeks to quash the challenged documents and to restrain the State and universities from issuing NOC or renewing/creating self-financing courses in aided colleges, urging adherence to policy framed by the State and Supreme Court order. It emphasizes maintaining an orderly transition away from self-financing programs in aided institutions and seeks a mandamus to implement policy.

Contentions of Respondents

The respondents contend maintainability issues and locus standi, relying on established principles that a writ under Article 226 requires a live right and justiciable interest. They argue that the petition fails to establish a right invaded or threatened and that the challenged CAP-related steps fall outside the petitioner's enforceable rights. They also emphasize that policy decisions and CAP are matters within the executive/educational bodies’ domain and require appropriate redress through statutory or procedural channels rather than the petition itself.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
State of Orissa v. Ram Chandra Dev	AIR 1964 SC 685	Positive	Cited to explain the broad scope of Article 226 jurisdiction and the necessary existence of a vested right before entitlement to writ relief.
Self Financing Arts and Science College Management Welfare Association v. M.G.University, Kottayam and others	2016 (4) KHC 293	Positive	Cited as controlling authority on maintainability and locus standi issues, reinforcing that the petitioner must have a right challenged by the petition.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Self Financing Arts and Science College Management Welfare Association v. State of Kerala and others and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** ## **FRIDAY, THE 7[TH] DAY OF JANUARY 2022 / 17TH POUSHA, 1943** **WP(C) NO. 16789 OF 2021** ## **PETITIONER:** SELF FINANCING ART AND SCIENCE COLLEGE MANAGEMENT WELFARE ASSOCIATION REG. NO.TVM/TC/1278/212, REPRESENTED BY ITS PRESIDENT, M.P.A.RAHIM, NEST COLLEGE, KARIVELLUR, KOOKKANAM – 670521. BY ADVS. HARIS BEERAN AZHAR ASSEES O.A.NURIYA ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM – 695001. 2 CALICUT UNIVERSITY REPRESENTED BY ITS REGISTRAR, THENJIPALAM, CALICUT – 673635. 3 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM, PIN – 686560. 4 KERALA UNIVERSITY REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM, PIN - 695 034. 5 KANNUR UNIVERSITY REPRESENTED BY ITS REGISTRAR, KANNUR, PIN – 570567. 6 ADDL. MANAGER, KORAMBAYIL AHAMED HAJI MEMORIAL WOMENS' COLLEGE, MANJERI, NARUKARA P.O., MALAPPURAM-676122. 7 ADDL. MANAGER, ST. STEPHEN'S COLLEGE, UZHAVOOR-686634. **WP(C) NO. 16789 OF 2021** **2** 8 ADDL. MANAGER, B.C.M. COLLEGE FOR WOMEN, KOTTAYAM-686001. (ADDITIONAL R6 TO R8 ARE IMPLEADED AS PER ORDER DATED 07/01/2022IN IA 3/2021) 9 ADDL. KERALA PRIVATE COLLEGE MANAGEMENT ASSOCIATION, REPRESENTED BY ITS GENERAL SECRETARY, V/427, CAMP OFFICE, SCHOOL PARAMBA, PAZHAMALLURE P.O., MALAPPURAM-676506. (ADDITIONAL R9 IS IMPLEADED AS PER ORDER DATED 07/01/2022 IN IA 4/2021) 10 ADDL. THE MANAGER, MORNING STAR HOME SCIENCE COLLEGE, ANGAMALY SOUTH P.O., KERALA-686573. (ADDITIONAL R10 IS IMPLEADED AS PER ORDER DATED 07/01/2022 IN IA 5/2021) 11 ADDL. THE MANAGER, BISHOP KURIALACHERRY COLLEGE FOR WOMEN, AMALAGIRI P.O., KOTTAYAM-686561. (ADDITIONAL R11 IS IMPLEADED AS PER ORDER DATED 07/01/2022 IN IA 6/2021) 12 ADDL. CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, BISHOP'S HOUSE, KOTHAMANGALAM-686691. (ADDITIONAL R12 IS IMPLEADED AS PER ORDER DATED 07/01/2022 IN IA 7/2021) 13 ADDL. CORPORATE MANAGER OF MES AIDED COLLEGES, MES HEAD QUARTERS, KANNUR ROAD, NADAKKAVU POST, KOZHIKODE-673011. (ADDITIONAL R13 IS IMPLEADED AS PER ORDER DATED 07/01/2022 IN IA 8/2021) 14 ADDL. CORPORATE MANAGER, MALANKARA ORTHODOX CHURCH COLLEGES, DEVALOKAM, KOTTAYAM-686004. 15 ADDL. MANAGER, ST.MARY'S COLLEGE, SULTHAN BATHERY, PIN-673592. 16 ADDL. MANAGER, MAR DIOGYSIUS COLLEGE, PAZHANJI-680542. **WP(C) NO. 16789 OF 2021** **3** (ADDITIONAL R14 TO R16 ARE IMPLEADED AS PER ORDER DATED 07/01/2022 IN IA 9/2021) 17 ADDL. MANAGER, PAVANATMA COLLEGE, MURICKASSERY, IDUKKI-685604. ADDITIONAL R17 IS IMPLEADED AS PER ORDER DATED 07/01/2022 IN IA 10/2021) 18 ADDL. AL-AMEEN COLLEGE, SITUATED AT EDATHALA, ALUVA IN ERNAKULAM DISTRICT-683564, REPRESENTED BY ITS MANAGER DR. JUNAID RAHMAN, AGED 64 YEARS, S/O. LATE M.V. IBRAHIM KUTTY, (RESIDING AT NOOJAHAN MANZIL, ERNAKULAM NORTH, ERNAKULAM, KOCHI-682018.) (ADDITIONAL R18 IS IMPLEADED AS PER ORDER DATED 07/01/2022 IN IA 11/2021) BY ADVS. SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL SHRI.SURIN GEORGE IPE, SC, M.G.UNIVERSITY SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA M.SASINDRAN BABY ISSAC ILLICKAL BABU KARUKAPADATH ANILA UMESH I.V.PRAMOD ISAAC KURUVILLA ILLIKAL M.A.VAHEEDA BABU P.U.VINOD KUMAR ARYA RAGHUNATH VAISAKHI V. T.M.MUHAMMED MUSTHAQ TPM.IBRAHIM KHAN (SR.) SPL.GP-SRI.K.B.RAMANAND,SRI.P.C.SASIDHARANSC,CALICUT UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 16789 OF 2021** **4** ## **JUDGMENT** This Writ Petition has been filed by a Self-Financing Arts & Science College Management Welfare Association claiming the following reliefs : i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibit P6 and P7, being contrary to Government policy as recorded in the Order of the Hon’ble Supreme Court Order and quash the same, as far as allotment is being made to conduct Self-Financing Courses in aided colleges. ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1[st] Respondent State not to issue NOC to aided colleges for conducting self-financing courses. iii) Issue a writ mandamus or any other appropriate writ, order or direction commanding directing the respondents 2-5 not to renew the selffinancing courses or issue any fresh self-financing courses for the aided colleges. iv) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the Respondents 2 to 5 to implement and comply with the policy decision of 1[st] Respondent State as recorded in the Order of Hon’ble Supreme Court in Ext-P5 v) Pass such other and further order or orders as this Hon’ble Court may deem fit and proper under **WP(C) NO. 16789 OF 2021** **5** the facts and circumstances of the present case. 2. An objection has been raised for maintainability as per the judgment of this Court in _**Self Financing Arts and Science College Management Welfare Association v. M.G.University, Kottayam and others** [2016 (4) KHC 293]_ . Paragraphs 3, 8 and 9 of the judgment read thus : “3. In State of Orissa v. Ram Chandra Dev (AIR 1964 SC 685) a Constitution Bench of the Apex Court held that, though the jurisdiction of the High Court under Article 226 of the Constitution is wide, the concluding words of that Article clearly indicate that before a writ or an appropriate order can be issued in favour of a party, it must be established that the party has a right and the said right is illegally invaded or threatened. Para.8 of the judgment reads thus; “8. .... Under Article 226 of the Constitution, the jurisdiction of the High Court is undoubtedly very wide. Appropriate writs can be issued by the High Court under the said article even for purposes other than the enforcement of the fundamental rights and in that sense, a party who invokes the special jurisdiction of the High Court under Article 226 is not confined to cases of W.P.(C)No.19729 of 2016 3 illegal invasion of his fundamental **WP(C) NO. 16789 OF 2021** **6** rights alone. But though the jurisdiction of the High Court under Article 226 is wide in that sense, the concluding words of the article clearly indicate that before a writ or an appropriate order can be issued in favour of a party, it must be established that the party has a right and the said right is illegally invaded or threatened. The existence of a right is thus the foundation of a petition under Article 226. ....... 8. In our view, the petitioner Association can have no grievance in the matter. At best, the members of the petitioner Association could have a grievance in the matter. If the members of the petitioner Association have any such grievance, it is for them to W.P.(C)No.19729 of 2016 7 approach this Court under Article 226 of the Constitution seeking appropriate relief, after paying the requisite court fee. 9. In the result, we hold that the petitioner Association has no locus standi to maintain a writ petition under Article 226 of the Constitution of India challenging Ext.P2 schedule for the Centralised Allotment Process for Undergraduate Courses-2016 and seeking consequential direction allowing the members of the petitioner Association to make admission to the seats, over and above the seats allotted in the 1st and 2nd allotment as per Ext.P2 schedule. ” **WP(C) NO. 16789 OF 2021** **7** The issue raised on behalf of the Self-Financing Arts & Science College Management Welfare Association by challenging the documents as reflected in the prayer is not maintainable. Accordingly writ petition is dismissed. All impleading I.A.s are also allowed. **Sd/AMIT RAWAL JUDGE** nak **WP(C) NO. 16789 OF 2021** **8** ## **APPENDIX OF WP(C) 16789/2021** PETITIONER EXHIBITS - Exhibit P1 TRUE COPY OF THE BYLAWS OF PETITIONER. - Exhibit P2 TRUE COPY OF THE LIST OF MEMBER COLLEGES. - Exhibit P3 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.7361 OF 2013 DATED 14.03.2013. - Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.A.NO.1265 OF 2013 PASSED BY THIS HON'BLE COURT DATED 26.09.2014. - Exhibit P5 TRUE COPY OF THE ORDER IN SPECIAL LEAVE PETITION (CIVIL) NO.5290 OF 2015 PASSED BY THE HON'BLE SUPREME COURT OF INDIA DATED 13.07.2021. - Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF PROSPECTUS PERTAINING TO THE ACADEMIC YEAR 2021 ISSUED BY THE 3RD RESPONDENT UNIVERSITY. - Exhibit P7 TRUE COPY OF THE CENTRALISED ALLOTMENT PROCESS (CAP) FOR THE ACADEMIC YEAR 2021 ISSUED BY THE 3RD RESPONDENT UNIVERSITY. - Exhibit P8 TRUE COPY OF THE RESOLUTION BEING GAI/D2/4926/2002 PASSED BY THE 2ND RESPONDENT DATED 08.06.2011. Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.A.NO.2096 OF 2009 PASSED BY THIS HON'BLE COUT DATED 01.02.2011. Exhibit P10 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 4TH RESPONDENT IN W.P.(C) NO.7361 OF 2013 BEFORE THIS HON'BLE COUT DATED 24.05.2013. **WP(C) NO. 16789 OF 2021** **9** |Exhibit P11|TRUE COPY OF THE RELEVANT PAGES OF| |---|---| ||PROSPECTUS ISSUED BY THE 2ND RESPONDENT| ||UNIVERSITY FOR THE ACADEMIC YEAR 2021.| |Exhibit P12|TRUE COPY OF THE RELEVANT PAGES OF| ||PROSPECTUS ISSUED BY THE 4TH RESPONDENT| ||UNIVERSITY FOR THE ACADEMIC YEAR 2021.| |Exhibit P13|TRUE COPY OF THE RELEVANT PAGES OF| ||PROSPECTUS ISSUED BY THE 5TH RESPONDENT| ||UNIVERSITY FOR THE ACADEMIC YEAR 2021.| |Exhibit P14|TRUE COPY OF THE MEMORANDUM DATED| ||29.07.2021 ISSUED BY THE PETITIONER| ||ASSOCIATION.| |Exhibit P15|TRUE COPY OF THE INTERIM PASSED IN| ||W.P(C) 7361/2013 DATED 02/07/2013| |Exhibit P16|TRUE COPY OF THE AUTHORISATION LETTER| ||ISSUED BY THE PETITIONER ASSOCIATION| ||DATED 12/08/2021| |Exhibit P17|TRUE COPY OF THE GOVERNMENT ORDER| ||BEARING NO-347/2021/HEDN DATED 25.8.2021| ||ISSUED BY THE 1ST RESPONDENT|