Vidyamandir Educational Charitable Society v. Registrar, Kannur University; Vice Chancellor, Kannur University; Secretary to Government Department of Higher Education

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **TUESDAY, THE 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941 WP(C).No.10553 of 2018** ## **PETITIONER:** **VIDYAMANDIR EDUCATIONAL CHARITABLE SOCIETY , PAYYANUR, REPRESENTED BY ITS SECRETARY, U.NARAYANAN, S/O.KUNHAMBU PODUVAL, AGED 69 YEARS, RESIDING AT VELLUR AMSOM DESOM, P.O.VELLUR, KANNUR DISTRICT.** **BY ADV. SRI.M.V.AMARESAN** ## **RESPONDENTS:** **1 THE REGISTRAR, KANNUR UNIVERSITY THAVAKKARA, P.O. KANNUR, KANNUR DISTRICT, PIN-670002. 2 VICE CHANCELLOR, KANNUR UNIVERSITY THAVAKKARA CAMPUS, KANNUR, PIN-670002. 3 SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM,PIN-695001. BY ADV. SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY** ## **OTHER PRESENT:** **SRI.MUHAMMED FAZIL.M.P, GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.10553 of 2018** 2 ## **J U D G M E N T** The petitioner claims to be an Educational Charitable Society registered under the provisions of the Societies Registration Act. Responding to the notification issued by the Kannur University inviting application for affiliation of new colleges and for grant of additional courses for existing colleges the petitioner submitted Ext.P1 application for affiliation for starting a self financing college, remitting Rs.2,00,000/- towards affiliation fee and Rs.2,000/- towards application fee. It is stated that even though the University had originally recommended affiliation they backed out. 2. The petitioner thereupon filed WP(C) No.18289/2017 claiming that application for affiliation was submitted while petitioner was conducting a parallel college with 1200 students. In that Writ Petition the University filed a counter **WP(C).No.10553 of 2018** 3 affidavit producing Ext.R1(b) resolution of the Syndicate to the effect that the application of the petitioner would be considered for the academic year 2018-19 in case the defects and deficiencies pointed out by the inspection committee were cured. Accordingly the Writ Petition was disposed of as per Ext.P4 judgment directing the petitioner to rectify the defects or to file affidavit before the Syndicate on or before 31.12.2017 to the effect that there were no deficiencies existing and in the event of filing such an affidavit the University was directed to take steps to consider the application for affiliation for the academic year 2018-19. 3. The petitioner claims that affidavit was thereafter submitted in the form of Ext.P5 pointing out that the deficiencies were cured. However, the University without referring to their resolution rejected the application as per Ext.P6 letter dated **WP(C).No.10553 of 2018** 4 20.2.2018 stating that the application would be valid only for two years. However thereafter they reconsidered the same and as per Ext.P8 letter dated 26.03.2018 rejected the application on another ground stating that facilities required as per the University Statutes and Regulations were not provided to the satisfaction of the members of the Commission. According to the petitioner, there is no deficiency so as to deny affiliation. 4. The University has filed counter affidavit, additional counter affidavit, additional statement and finally Ext.R1(e) along with IA.No.14130/2018. In this affidavit, it is stated that in compliance with the order passed by this Court on 26.06.2018 the inspection team of the University conducted inspection on 06.07.2018 which again found that the petitioner failed to comply with the requirements for starting the College in accordance with the Kannur **WP(C).No.10553 of 2018** 5 University First Statute 1988. In Ext.R1(e) report several defects were pointed out. It was stated that the deficiencies noted by the previous commission were still prevailing, college authorities have not started construction of proposed building at their own land, college authorities proposed to conduct the college temporarily (for the first three years) in a building at Perambra, Payyannur in 28.5 cents land having a permanent building with three tiers; a parallel college is functioning there with very limited facilities which are not suitable for an affiliated institution. It was found that there were small rooms measuring 12.5 x 10 sq.ft. and if the partitions are removed the class rooms will have a dimension of 25 x 20 sq.ft and three class rooms with a dimension of 25 x 20 sq.ft would be available. It was stated that eight class rooms with 25 x 20 sq.ft dimension were not available as reported by the **WP(C).No.10553 of 2018** 6 college authorities. 5. It was further found that the furniture provided in the class rooms were very old condition and not suitable for College going students. It was also found that with the available facilities, it cannot admit 84 students as specified in Statutes 31(6). The library, the class rooms and furniture were not found sufficient. 6. According to the petitioner, all these deficiencies were not found in any of the previous inspection and therefore those deficiencies do not deserve consideration. Petitioner points out that the University has granted affiliation to other Colleges which are having lesser facilities. Therefore petitioner has filed a petition for appointing an Advocate Commissioner to verify and report the facilities available with the petitioner's College and other colleges which are given affiliation. **WP(C).No.10553 of 2018** 7 7. Learned Standing Counsel for the University pointed out that Ext.R1(e) report was filed before this Court as early as on 27.07.2018 and petitioner did not take any steps to cure those defects at least thereafter. It is also pointed out that the petitioner has not complied with the requirements in accordance with the provisions contained in Statutes 25 or 31, which provides for the accommodation which is requisite for granting affiliation. As long as the defects are not cured, petitioner does not have any right to get his application granted. 8. Learned counsel for the petitioner relied on the judgment of this Court in **KVM College of Nursing, Alappuzha v. State of Kerala and Another** [2017 (3) KHC 63], in which this Court held that University is obligated to consider the applications for affiliation independent of the views of Government. In the judgment in **State of Kerala v. M.G. College of** **WP(C).No.10553 of 2018** 8 **Arts and Science, Tvm and Another** [2017 (3) KHC 965], in which also it was held that Government does not have to say to advise the University to reject affiliation, once the University approves that standards are met. In the judgment in **Kerala Veterinary and Animal Science University and Another v. Sarathi Institute of Veterinary and Animal Science and Another** [2017 KHC 779], this Court directed that conditional affiliation can be granted where defects or deficiencies are to be made up and once it is carried out, affiliation has to be permitted. In the judgment in **Manager v. University of Kerala and Another** [2017 (3) KHC 465], this Court directed that the affiliation shall not be denied in case the Management is ready and willing to provide necessary infrastructure for starting the College or new course. 9. It is seen that the respondents have rejected **WP(C).No.10553 of 2018** 9 the application for affiliation on the ground that, the petitioner has not complied with the provisions contained in Statutes 25 as well as Statutes 31 of Chapter V of the Kannur University First Statutes, 1998, which deals with the requirements of space in a College to be established. Under this provision a minimum of 15 acres of land is required for First Grade Arts and Science Colleges and Professional Colleges, other than colleges of Teacher education, 5 acres for Teachers' Education Colleges, 3 acres for oriental colleges of usable land without any encumbrance shall be available exclusively for the purpose of the college. The educational agency or such other authority which proposes to run the college shall have exclusive proprietary rights over the land and any building thereon set apart for running the college. Documents to prove the title for the entire land required for the college shall be **WP(C).No.10553 of 2018** 10 made available to the University for verification whenever demanded. Statutes 31 deals with the accommodation, equipment and strength of students. As per clause 6 under Statutes 31, each student in the degree classes shall be allotted hall space of 1.2 sq.m and (if he is a science student) Laboratory space of 4 sq.m. for each laboratory. It further provides that sufficient space shall be available for the office, library, reading room, Principal's room, Professor's room, departmental staff room, staff common room, common rooms for both men and women students and Tiffin rooms for students. Clause 10 provides for accommodation on the above basis of floor space should be provided to the satisfaction of the University in permanent buildings, before beginning of the classes. Even if permanent building for housing the whole college is not ready by the beginning of the Academic year, permanent buildings **WP(C).No.10553 of 2018** 11 for laboratories shall be ready and the laboratories shall be fully equipped before starting the course. 10. The petitioner does not have a case that the conditions specified in the aforesaid statutory provisions are fulfilled. Petitioner has also no case that the deficiencies mentioned in Ext.R1(e) have already been cured. The University has not rejected the application based on any action of Government. Therefore the judgments relied on by the petitioner cannot be applied in the case of petitioner. Even if the University has granted affiliation to any other college which has not satisfied the requisite conditions, that cannot be a reason for this Court to direct grant of affiliation to other colleges also unless and until petitioner establishes that all the conditions are fulfilled as provided in Statute 25 and 31 of Chapter V of the Kannur University First Statutes, 1998. **WP(C).No.10553 of 2018** 12 In the above circumstances, petitioner cannot have any right to get the application for affiliation granted by the University. Petitioner will be free to submit application as and when the University issues notification inviting the applications for the same, when it shall be considered on merits. The writ petition is disposed of accordingly. **Sd/P.V.ASHA, JUDGE.** rkc/AS **WP(C).No.10553 of 2018** 13 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF APPLICATION DATED 30-122014 SUBMITTED BY THE PETITIONER.** **EXHIBIT P2 TRUE COPY OF INSPECTION REPORT OF BUILDING AND SITE FOR THE PROPOSED COLLEGE.** **EXHIBIT P3** **TRUE COPY OF REPORT OF THE 2ND INSPECTION TEAM DATED 20-09-2016.** **EXHIBIT P4** **TRUE COPY OF JUDGMENT PASSED BY THIS HON'BLE COURT IN WP(C)NO.18289/17 DATED 08-11-2017.** **EXHIBIT P5 TRUE COPY OF DETAILED AFFIDAVIT DATED 27-11-2017 SUBMITTED BY THE PETITIONER.** **EXHIBIT P6** **TRUE COPY OF COMMUNICATION RECEIVED FROM THE RESPONDENT UNIVERSITY DATED 20-2-2018 BEARING NO.ACAD.A1/2498/NEW COLLEGES/2016 VOL III(1) TO THE PETITIONER.** **EXHIBIT P7 TRUE COPY OF NEWS REPORT DATED 29-062017 RELEASED IN MATHRUBHUMI DAILY.** **EXHIBIT P8.** **TRUE COPY OF THE ORDER BEARING NO.ACAD-A1/2498/NEW COLLEGES/2016 VOL.IV(1) DATED 26/3/2018 ISSUED BY THE 1ST RESPONDENT** **EXHIBIT P9** **TRUE COPY OF LETTER DATED 02/03/2016 BEARING NO.ACAD/A1/15155/NEW COLLEGES/2015(3) FORWARDED BY THE REGISTRAR, UNIVERSITY TO THE PETITIONER SOCIETY.** **WP(C).No.10553 of 2018** 14 ## **EXHIBIT P9** - **TRUE COPIES OF PHOTOGRAPHS OF THE PRESENT COLLEGE BUILDING AND FACILITIES.** - **EXHIBIT P10** - **TRUE COPY OF BUILDING PLAN OF THE EXISTING BUILDING.** - **EXHIBIT P10 A** - **TRUE COPY OF NOTE SHOWING OFFICE ROOM, PRINCIPAL'S ROOM, PROFESSOR'S ROOM ETC.** - **EXHIBIT P11 TRUE COPY OF PRESS RELEASE IN MATHRUBHUMI DAILY DATED 07/06/2018 RELATING TO RECEIPT OF APPLICATION.** - **EXHIBIT P12 NIL** - **EXHIBIT P13 TRUE COPY OF INSPECTION REPORT SUBMITTED BY THE 1ST RESPONDENT DATED 12/01/2018.** - **EXHIBIT P14 TRUE COPY OF INSPECTION REPORT DATED 30/06/2012 SUBMITTED BY THE 1ST RESPONDENT.** - **EXHIBIT P15 TRUE COPY OF ORDER ISSUED BY THE 1ST RESPONDENT BEARING NO. U.O.NO.ACAD/A2/8072/TASC/2013 DATED, K.U. CAMPUS, P.O., 27/08/2013.** - **EXHIBIT P16 TRUE COPY OF ORDER ISSUED BY THE 1ST RESPONDENT BEARING NO. U.O.NO.ACAD/A2/8072/TASC/2013 DATED, CIVIL STATION P.O., 22/07/2017.** - **EXHIBIT P17 TRUE COPY OF REQUEST SUBMITTED BY MR. VINOD KUMAR OF UDINOOR UNDER RIGHT TO INFORMATION ACT BEFORE THE 1ST RESPONDENT DATED 03/08/2018.** - **EXHIBIT P18** - **TRUE COPY OF REPLY IN EXHIBIT P17 DATED 11/09/2018 ISSUED BY THE 1ST RESPONDENT.** **WP(C).No.10553 of 2018** 15 ## **RESPONDENTS' EXHIBITS/ ANNEXURES:** **ANNEXURE R1 B** A TRUE COPY OF THE OBSERVATION OF THE INSPECTION COMMITTEE. **ANNEXURE R1 C** TRUE COPY OF THE COVERING LETTER DATED 23/01/2018 BY WHICH THE INSPECTION COMMISSION REPORT WAS FORWARDED TO THE PETITIONER. **ANNEXURE R1 D** TRUE COPY OF THE REPLY FURNISHED BY THE PETITIONER TO THE INSPECTION COMMISSION REPORT DATED 06/02/2018. A TRUE COPY OF THE INSPECTION REPORT DATED 06/07/2018. **ANNEXURE R1 E** A TRUE COPY OF THE INSPECTION REPORT DATED 06/07/2018. **EXHIBIT R1 A** TRUE COPY OF THE REPORT TO THE GOVERNMENT. **EXHIBIT R1 A** TRUE COPY OF THE ORDER DATED 26.03.2018 **EXHIBIT R1 B** TRUE COPY OF THE G.O.(P).NO.65/2017/FIN. DATED 16.05.2017.