Vidyamandir Educational ... vs The Registrar
2022 Latest Caselaw 11891 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                    &
            THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY,THE 21STDAY OF DECEMBER 2022/30TH AGRAHAYANA, 1944
                         WA NO. 1724 OF 2020
   AGAINST THE JUDGMENT DATED 18.06.2019 IN W.P.(C.)NO.
               10553/2018 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:

            VIDYAMANDIR EDUCATIONAL CHARITABLE SOCIETY
            VIDYAMANDIR EDUCATIONAL CHARITABLE SOCIETY,
            PAYYANNUR, REPRESENTED BY ITS SECRETARY,
            U. NARAYANAN,
            AGED 71 YEARS,
            S/O. KUNHAMBU PODUVAL,
            RESIDING AT VELLUR AMSOM DESOM,
            P. O. VELLUR, KANNUR DISTRICT.

            BY ADVS. M.V.AMARESAN
                     ARAVIND S.S.
RESPONDENTS/RESPONDENTS:

    1       THE REGISTRAR
            KANNUR UNIVERSITY,
            THAVAKKARA, P. O.
            KANNUR,
            KANNUR DISTRICT,
            PIN - 670 002.

    2       VICE CHANCELLOR
            KANNUR UNIVERSITY,
            THAVAKKARA CAMPUS,
            KANNUR DISTRICT,
            PIN - 670 002.

    3       SECRETARY TO GOVERNMENT
            DEPARTMENT OF HIGHER EDUCTION,
            THIRUVANANTHAPURAM,
            PIN - 695 001.

            BY SRI. K.P. HARISH, SENIOR GOVERNMENT PLEADER
     THIS     WRIT    APPEAL   HAVING     COME   UP    FOR    ADMISSION   ON
21.12.2022,     THE    COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
 W.A. No. 1724/2020
                                           2




                                JUDGMENT

S. Manikumar, C.J.

Before the writ court, the petitioner has sought for the

following reliefs:-

i) issue a writ of certiorari and quash Exhibit P6;

ii) issue a writ of certiorari and quash Exhibit P8;

iii) to declare that the respondents has failed to act directed in Exhibit P4 judgment of this Hon'ble Court;

iv) to issue a writ of mandamus or any other appropriate writ or orders directing the respondents to give affiliation to the petitioner as applied for in Exhibit P1 to enable the petitioner to have intake of students for the year 2018-19;

2. After considering the averments in the writ petition,

writ court, vide judgment dated 18.06.2019 in W.P.(C.) No.

10553 of 2018, ordered thus:-

"In the above circumstances, petitioner cannot have any right to get the application for affiliation granted by the University. Petitioner will be free to submit application as and when the University issues notification inviting the applications for the same, when it shall be considered on merits.

The writ petition is disposed of accordingly."

3. Being aggrieved, instant writ appeal is filed.

W.A. No. 1724/2020

4. Today, when the matter came up for hearing,

Mr. Aravind S.S., learned counsel appearing for the appellant

submitted that the Registrar, Kannur University has issued a

notification inviting applications for affiliation for starting new

self financing colleges. He further submitted that the appellant

would submit an application for the above said purpose. He

further prayed that, if any application is made, the same may be

considered de hors the observations made in the impugned

judgment.

Submission is placed on record, and accordingly, the writ

appeal is disposed of, as prayed for.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P. CHALY JUDGE

DCS/14.12.2022