IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 21264 OF 2022
PETITIONER:
HIDAYATHUL MUSLIMEEN YATHEEM KHANA SANGAM, MANJERI
(A REGISTERED SOCIETY NO.34/1970), MANJERI COLLEGE
P.O.- 676 122, MALAPPURAM DISTRICT, REPRESENTED BY ITS
SECRETARY SRI.V.KUNHIMOIDEENKUTTY, AGED 83 YEARS,
S/O.AHAMADKUTTY, RESIDING AT SALEENA MANZIL, MLA ROAD,
MANJERI COLLEGE P.O. - 676 122, MALAPPURAM DISTRICT.
BY ADV M.KRISHNAKUMAR
RESPONDENTS:
1 THE UNIVERSITY OF CALICUT
UNIVERSITY OF CALICUT P.O., THENJIPPALAM, MALAPPURAM
DISTRICT - 673 635, REPRESENTED BY ITS REGISTRAR.
2 THE REGISTRAR, UNIVERSITY OF CALICUT
UNIVERSITY OF CALICUT P.O., THENJIPPALAM, MALAPPURAM
DISTRICT - 673 635.
3 THE DIRECTOR
COLLEGE DEVELOPMENT COUNCIL, UNIVERSITY OF CALICUT,
UNIVERSITY OF CALICUT P.O., THENJIPPALAM, MALAPPURAM
DISTRICT - 673 635.
ADV.P.C.SASIDHARAN SC, CALICUT UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21264 OF 2022
2
JUDGMENT
The petitioner seeks affiliation with the 1st respondent - University of Calicut.
2. Sri.M.Krishna Kumar - learned counsel for the petitioner, explains that his client's application for affiliation has not been considered by the University solely saying that the property on which they have constructed the infrastructure and buildings are not owned, but held by them only under a 99 year lease. The learned counsel asserted that this issue has already been decided by a learned Judge of this Court in Ext.P7 judgment and therefore, that such an objection could not have been impelled by the University any further.
3. In response, Sri.P.C.Sasidharan - learned Standing Counsel for the Calicut University, submitted that the time for granting affiliation to any course or College WP(C) NO. 21264 OF 2022 3 this year has elapsed. He submitted that, therefore, the best the petitioner can do is to make a fresh application for the next year, which will be considered, adverting to Ext.P7 also.
4. When one examines Ext.P7, it is clear that a learned Judge of this Court considered the applicable Regulations of the University Grants Commission and held that the University is to consider, interalia, whether the lease holder is capable of putting up any construction on the land, and whether they would be entitled to establish a College thereon; and that if these conditions are satisfied, there can be no embargo for the University in granting affiliation, solely because the holder of the land is only having a leasehold right on it.
5. The facts presented in this case are similar, if not identical, attributes as the WP(C) NO. 21264 OF 2022 4 one that were considered by the learned Judge in the afore judgment. I am certain, therefore, that the claim of the petitioner must be considered by the University at least in the next academic year.
Taking note of the afore, I order this writ petition, leaving liberty to the petitioner to make a fresh application for affiliation for the next academic year; and if this is done within a period of one month from today, same shall be considered by the University, adverting to Ext.P7, with a further clarification that it shall not be rejected solely on the ground that the petitioner does not own the land, but is holding it under a 99 year lease.
Needless to say, every other applicable criteria and qualification will require to be satisfied and complied with by the petitioner before affiliation is granted by the University WP(C) NO. 21264 OF 2022 5 and they will have full right to verify whether the petitioner has put up necessary construction and whether they are entitled to the ownership of the same, though it has been made on a leased land.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 21264 OF 2022 6 APPENDIX OF WP(C) 21264/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE LEASE DEED DATED 17/11/2001. Exhibit P1A TRUE READABLE COPY OF EXHIBIT P1. Exhibit P2 TRUE EXTRACT OF THE BASIC TAX REGISTER REFERABLE TO SURVEY NO.25/11 ISSUED TO THE PETITIONER FROM NARUKARA VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT.
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 17/10/2019 ISSUED TO THE PETITIONER. Exhibit P4 TRUE COPY OF THE APPLICATION FOR ESTABLISHMENT AND AFFILIATION OF NEW COLLEGE DATED 28/10/2019.
Exhibit P5 TRUE COPY OF THE LETTER DATED 11/01/2022 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE LETTER DATED 25/02/2022 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE JUDGMENT OF THE HIGH COURT OF KERALA IN PRAYAGA FOUNDATION FOR EXCELLENCE IN EDUCATION AND TRAINING, PALAKKAD VS. UNIVERSITY OF CALICUT,MALAPPURAM REPORTED IN 2021 KHC 2841.