Kerala High Court
Chathamkulam Foundation ... vs The State Of Kerala on 2 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
W.P.(C) No.20105 OF 2020(K)
PETITIONER:
CHATHAMKULAM FOUNDATION CHARITABLE TRUST,
CHANDRANAGAR BYE PASS, PALAKKAD-678 001
REPRESENTED BY ITS VICE CHAIRMAN
C.B.SUMESH BABU,
CHATHAMKULAM HOUSE,
KONGAD P.O., PALAKKAD DISTRICT-678 631.
BY ADV. SRI.BINOY VASUDEVAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY
TO THE GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE UNIVERSITY OF CALICUT
REPRESENTED BY ITS REGISTRAR,
UNIVERSITY CAMPUS, THENHIPALAM P.O.,
MALAPPURAM DISTRICT- 673 635.
3 THE REGISTRAR,
UNIVERSITY OF CALICUT,
UNIVERSITY CAMPUS, THENHIPALAM P.O.,
MALAPPURAM DISTRICT-673 365.
R1 SRI.SUNIL NATH N.B., GOVERNMENT PLEADER
R2-R3 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.20105 OF 2020(K)
-2-
JUDGMENT
The petitioner Trust has filed this writ petition under Article
226 of the Constitution of India, seeking a writ of mandamus
commanding the 2nd respondent University to grant permission to
establish an Arts and Science College, as sought for in Ext.P4
application dated 26.12.2019, in the light of Ext.P7 Government
order dated 20.08.2020 issued by the 1 st respondent, as
expeditiously as possible, at any rate, within a time frame to be
fixed by this Court. The petitioner has also sought for a
declaration that the 2nd respondent University is bound to
complete the proceedings on Ext.P4 application in accordance with
the provisions contained in Calicut University Act, 1975 and the
Calicut University First Statutes, 1977.
2. On 28.09.2020, when this writ petition came up for
admission, the learned Standing Counsel for respondents 2 and 3
sought time to get instructions and file statement.
3. A counter affidavit has been filed on behalf of
respondents 2 and 3. Paragraphs 5 to 7 of that counter affidavit
read thus;
"5. On preliminary verification of the documents submitted
W.P.(C) No.20105 OF 2020(K)
by the petitioner, it has been noticed that 1) original Non
encumbrance certificate of the land property (for the period
from 2005-2019) and 2) detailed project report of the
proposed college are not in conformity with requirement of
the University. The same was intimated to the petitioner vide
memo dated 24.03.2020. The petitioner has submitted the
documents requested and the whole documents submitted
by the petitioner was forwarded to the legal expert.
6. It is submitted that in terms of the directions issued by
this Hon'ble Court in W.P.(C) No.11702 of 2020, the
application for starting new college submitted by the
petitioner was processed and that the opinion of the legal
expert is sought for and this fact intimated to the petitioner
by communication dated 08.08.2020. A true copy of the
communication dated 08.08.2020 is produced herewith and
marked as Exhibit R2(a).
7. It is submitted that the legal opinion yet to be received,
since the area where the office of the legal expert is situated
in the containment zone and his office could not function.
The University further informed that the family members of
the legal expert is also affected by Covid-19 and they are
under quarantine as directed by the Health department."
4. Heard the learned counsel for the petitioner, the
learned Government Pleader appearing for the 1 st respondent and
also the learned Standing Counsel for the University of Calicut,
representing respondents 2 and 3.
5. The grievance of the petitioner is non-consideration of
W.P.(C) No.20105 OF 2020(K)
Ext.P4 application made by the petitioner for starting a new Arts
and Science College with B.Com Finance and B.A. Economics, with
an intake of 60 seats. Ext.P4 application made by the petitioner is
still pending consideration before the 2 nd respondent University.
The University has to consider that application, in terms of the
provisions under the Calicut University Act and Calicut University
First Statutes, 1977.
6. The learned Standing Counsel for the University would
submit that three months' time is required for the University to
take an appropriate decision on that application, after complying
with the statutory requirements.
7. In such circumstances, this writ petition is disposed of
by directing the 2nd respondent University to take an appropriate
decision on Ext.P4 application made by the petitioner, for starting
an Arts and Science College with B.Com Finance and B.A.
Economics, with an intake of 60 seats, strictly in accordance with
law, as expeditiously as possible, at any rate, within a period of
three months from the date of receipt of a certified copy of this
judgment.
8. In State of U.P. v. Harish Chandra [(1996) 9 SCC
W.P.(C) No.20105 OF 2020(K)
309] the Apex Court held that no mandamus can be issued to
direct the Government to refrain from enforcing the provisions of
law or to do something which is contrary to law. In Bhaskara Rao
A.B. v. CBI [(2011) 10 SCC 259] the Apex Court reiterated
that, generally, no Court has competence to issue a direction
contrary to law nor can the Court direct an authority to act in
contravention of the statutory provisions. The courts are meant to
enforce the rule of law and not to pass the orders or directions
which are contrary to what has been injected by law.
9. Therefore, in terms of the direction contained in this
judgment, the 2nd respondent University shall take an appropriate
decision in the matter, strictly in accordance with law, taking note
of the relevant statutory provisions and also the law on the point.
No order as to costs.
Sd/-
ANIL K. NARENDRAN
JUDGE
bpr
W.P.(C) No.20105 OF 2020(K)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS
NO.UO.NO.7953/2019/ADMN. DATED
18/06/2019 OF THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 1ST
RESPONDENT DATED 24/07/2018.
EXHIBIT P3 TRUE COPY OF THE RESOLUTION OF THE BOARD
OF DIRECTORS OF THE PETITIONER DATED
09/09/2019.
EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED
ON 26/12/2019 FOR STARTING NEW
UNDERGRADUATE COURSE.
EXHIBIT P5 TRUE COPY OF THE STATEMENT PREFERRED BY
THE 2ND RESPONDENT UNIVERSITY IN W.P.(C)
NO.11702/2020 DATED 27/06/2020.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED
07/07/2020 IN W.P.(C) NO.11702 OF 2020.
EXHIBIT P7 TRUE COPY OF G.O.(MS) NO.299/2020/H.EDN.
DATED 20/08/2020 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.114030/CDC-
A3/2019/ADMN DATED 18/08/2020 OF THE 3RD
RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(a) TRUE COPY OF THE COMMUNICATION DATED
08/08/2020.
