Kerala High Court
The Secretary vs The University Of Calicut on 1 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
W.P.(C) No.22734 OF 2020(N)
PETITIONER:
THE SECRETARY,
AL-AMEEN LAW COLLEGE,
KULAPPULLY, SHORNUR,
PALAKKAD DISTRICT-679 122.
BY ADVS.
SRI.KURIAN GEORGE KANNANTHANAM (SR.)
SRI.TONY GEORGE KANNANTHANAM
SRI.THOMAS GEORGE
ALEX GEORGE
EBEE ANTONY
RESPONDENTS:
1 THE UNIVERSITY OF CALICUT
REPRESENTED BY THE ITS REGISTRAR,
THENJIPALAM, CALICUT UNIVERSITY P.O.,
MALAPPURAM DISTRICT-673 635.
2 THE VICE CHANCELLOR,
THE UNIVERSITY OF CALICUT,
THENJIPPALAM, CALICUT UNIVERSITY P.O.,
MALAPPURAM DISTRICT-673 635.
3 THE COMMISSIONER FOR ENTRANCE EXAMINATION,
HOUSIG BOARD BUILDING SANTHI NAGAR,
TRIVANDRUM-695 001.
R1&R2 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
R3 SRI.M.A.ASIF, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22734 OF 2020(N)
-2-
JUDGMENT
The petitioner has filed this writ petition under Article 226 of
the Constitution of India, seeking a writ of mandamus
commanding the 1st respondent University of Calicut to pass
immediate orders on his application for affiliation of additional
seats in BBA LL.B.(Hons) in Al-Ameen Law College, enabling
admission to those seats in the academic year 2020-2021 itself.
The petitioner has also sought for a writ of mandamus
commanding the 2nd respondent Vice Chancellor of the 1 st
respondent University to invoke his powers under sub-section (13)
of Section 10 of the Calicut University Act, 1975 and pass orders
on petitioner's application, if the Syndicate cannot take a decision
on it in time; and a writ of mandamus commanding the 3 rd
respondent Commissioner for Entrance Examinations to allot
students to 50% of the enhanced seats in BBA LL.B.(Hons) in the
petitioner's college.
2. On 23.10.2020, when this writ petition came up for
admission, the learned Standing Counsel for the University of
Calicut sought time to get instructions.
3. Respondents 1 and 2 have filed counter affidavit,
opposing the reliefs sought for in this writ petition.
W.P.(C) No.22734 OF 2020(N)
4. On 21.12.2020, when this writ petition came up for
consideration, this Court passed the following order;
"It is not discernible from the counter affidavit filed by
respondents 1 and 2 as to whether any decision has already
been taken on Ext.P3 application made by the petitioner for
additional intake in BBA LLB (Hons) 5 year course.
Therefore learned Standing Counsel for the University was
directed to get instructions.
Today, the learned Standing Counsel, on instructions, would
submit that in Ext.P3 application, the inspection team is yet
to conduct inspection. After inspection, the report of the
inspection team has to be placed before the Scrutiny
Committee, before taking a decision on Ext.P3 application
and that, the decision taken by the University shall be
reported before this Court by the next posting date."
5. Heard the learned counsel for the petitioner, the learned
Standing Counsel for the University of Calicut for respondents 1
and 2 and also the learned Government Pleader for the 3 rd
respondent.
6. Ext.P3 application dated 07.12.2019 made by the
petitioner is one seeking affiliation for additional intake in BBA
LL.B.(Hons) 5 year course in Al-Ameen Law College, on the
strength of the approval granted by the Bar Council of India. The
stand taken by the University in the counter affidavit is that unless
the existing courses are stabilised, the increase in the strength of
W.P.(C) No.22734 OF 2020(N)
students cannot be granted. The University cannot, as a matter of
right, grant affiliation for additional intake. The University has to
follow the procedure of conducting inspection, which could not be
conducted in view of Covid-19 pandemic.
7. Ext.P3 application made by the petitioner seeking
affiliation for additional intake in B.B.A. LL.B.(Hons) 5 year Course
in Al-Ameen Law College is one dated 07.12.2019. Since Ext.P3
application made by the petitioner is still pending consideration, in
which the 1st respondent University is yet to conduct inspection,
this writ petition is disposed of by directing the University to
consider that application in accordance with the provisions under
the Calicut University Act, 1975 and also that under Chapter 23 of
the Calicut University First Statutes, 1977 and take an appropriate
decision, as expeditiously as possible, at any rate, within a period
of two months from the date of receipt of a certified copy of this
judgment.
No order as to costs.
Sd/-
ANIL K. NARENDRAN
JUDGE
bpr
W.P.(C) No.22734 OF 2020(N)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 25-06-2019
ISSUED BY THE BAR COUNCIL OF INDIA
EXHIBIT P2 TRUE COPY OF THE COVERING LETTER DATED
7-12-2019 FORWARDING THE APPLICATION
EXHIBIT P3 TRUE COPY OF THE APPLICATION GIVEN IN THE
PRESCRIBED FORMAT DATED 7-12-2019
EXHIBIT P4 COPY OF THE ORDER DATED 13-08-2020 ISSUED
BY THE BAR COUNCIL OF INDIA
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 13-08-2020
ISSUED BY THE UNIVERSITY OF CALICUT
EXHIBIT P6 TRUE COPY OF THE REPRESENTATIOND DATED
17-08-2020 TO THE 2ND RESPONDENT
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 28-09-2020
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF THE REPRESENTATIOND DATED
30-09-2020 TO THE 2ND RESPONDENT
EXHIBIT P9 COPY OF THE NOTIFICATION DATED 17-10-2020
ISSUED BY THE 3RD RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
