Msrg.G.Christudas vs University Of Kerala
2021 Latest Caselaw 594 Ker

          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

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.

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

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.