IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA,
1942
WP(C).No.28211 OF 2020(B)
PETITIONER:
MSRG.G.CHRISTUDAS
AGED 70 YEARS
MANAGER, EMMANUEL COLLEGE, VAZHICHAL,
KUDAPPANAMOODU (P.O.), THIRUVANANTHAPURAM 695
505.
BY ADVS.
SRI.G.BIJU
SRI.V.A.VINOD
RESPONDENTS:
1 UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR, PALAYAM P.O.
THIRUVANANTHAPURAM 695 033.
2 THE VICE CHANCELLOR,
UNIVERSITY OF KERALA,
PALAYAM P.O. THIRUVANANTHAPURAM 695 033.
3 THE SYNDICATE,
UNIVERSITY OF KERALA,
PALAYAM P.O. THIRUVANANTHAPURAM 695 033.
REPRESENTED BY ITS CHAIRMAN.
R1-3 BY SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
WP(C).No.28211 OF 2020(B)
JUDGMENT
The petitioner, who is the Manager of a self-financing Arts and Science College, namely, Emmanuel College, Vazhichal, which is affiliated to the 1 st respondent University, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to process Ext.P2 application dated 27.08.2020 for additional affiliation and consider the same in terms of Statutes 6 to 9 of Chapter 24 of the Kerala University First Statutes, 1977, to commence the course from the academic year 2021-22. The petitioner has also sought for a declaration that Ext.P2 application submitted on 03.09.2020 is to be considered as one submitted within the prescribed time, as per Section 10 of the General Clauses Act, 1897 since the last day prescribed was a holiday and the office of the University was closed. The further relief sought for is a writ of mandamus commanding the respondents to consider and pass orders on Ext.P5 request dated 09.11.2020, within a time frame to be specified by this Court.
2. On 17.12.2020, when this writ petition came up for admission, the learned Standing Counsel for the University -3- WP(C).No.28211 OF 2020(B) sought time to get instructions.
3. A statement has been filed on behalf of the respondents opposing the reliefs sought for in this writ petition, wherein it is stated that the Syndicate of the University, in its meeting held on 10.11.2020, has already approved the decision taken by the Standing Committee for Affiliation to reject the application made by the petitioner for non payment of fees.
4. Heard the learned counsel for the petitioner and also the learned Standing Counsel for the University representing the respondents.
5. The learned counsel for the petitioner would submit that the petitioner is yet to be communicated with the decision taken by the Syndicate in its meeting held on 10.11.2020, rejecting the application for affiliation made by the petitioner.
6. The learned Standing Counsel for the University would submit that, if not already communicated, the decision taken by the Syndicate in its meeting held on 10.11.2020 shall be communicated to the petitioner within a period of one week from this date.
-4-WP(C).No.28211 OF 2020(B) Having considered the submissions made by the learned counsel on both sides, this writ petition is closed, in view of the decision taken by the Syndicate of the 1 st respondent University in its meeting held on 10.11.2020; however, without prejudice to the right of the petitioner to challenge that decision on Ext.P2 application for additional affiliation, in appropriate proceedings. If not already communicated, the Registrar of the 1st respondent University shall communicate the said decision of the Syndicate, to the petitioner, within a period of one week from this date.
The legal and factual contentions raised by the petitioner are left open to be raised in appropriate proceedings, at appropriate stage.
Sd/-
ANIL K.NARENDRAN, JUDGE AV/7/1 -5- WP(C).No.28211 OF 2020(B) APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AFFILIATION ORDER ISSUED IN RESPECT OF PETITIONER'S COLLEGE.
EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR AFFILIATION SUBMITTED BY THE PETITIONER WITHOUT LIST OF ENCLOSURES. EXHIBIT P3 TRUE COPY OF THE ONLINE TRANSACTION RECEIPT OBTAINED.
EXHIBIT P4 TRUE COPY OF CHALAN EVIDENCING REMITTANCE OF AFFILIATION FEE.
EXHIBIT P5 TRUE COPY OF REQUEST DATED 09.11.2020 SUBMITTED BY THE PETITIONER.