The Manager, S.Hcollege vs State Of Kerala
2022 Latest Caselaw 12058 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                       WP(C) NO. 35018 OF 2022
PETITIONERS:

    1     THE MANAGER, S.H.COLLEGE
          CHALAKUDY, THRISSUR - 680 307.

    2     THE PRINCIPAL-IN-CHARGE,
          S.H. COLLEGE, CHALAKUDY, THRISSUR - 680 307.

          BY ADV M.S.RADHAKRISHNAN NAIR



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER
          EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    2     UNIVERSITY GRANT COMMISSION,
          REPRESENTED BY SECRETARY, BAHADUR SHAHZAFAR MARG, NEW
          DELHI - 110 001.

    3     UNIVERSITY OF CALICUT,
          REPRESENTED BY THE REGISTRAR, UNIVERSITY CAMPUS,
          THENJIPPALAM, MALAPPURAM - 673 635.

          BY ADV SRI.S.KRISHNAMOORTHY, CGC


          SRI.P.C.SASIDHARAN -SC,        SMT.SAROJINI.K.N-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35018 OF 2022
                                   2



                                JUDGMENT

Though the petitioners applied to the 3rd

respondent - University of Calicut for

Autonomous Status through Ext.P2, no action

has been taken thereon yet by them, but that

they have issued Ext.P6 stating that they are

awaiting certain clarifications from the

Government - alleges the petitioners. They

contented that Ext.P6 is improper because, the

University Grants Commission has already

stated in Ext.P4, that a Recommendation/NOC

needs to be obtained by them only from the

concerned affiliating University. They,

therefore pray that the University of Calicut

be ordered to act upon Ext.P2, without any

further delay and that during such process,

Ext.P5 be adverted to.

        2.   The           afore           submissions          of

   Sri.M.S.Radhakrishnan           Nair    -     learned   counsel
 WP(C) NO. 35018 OF 2022


   for        the     petitioners           were      answered      by

   Sri.P.C.Sasidharan -              learned Standing Counsel

   for    the       University,       that,     as     evident     from

   Ext.P6,          his    client         was   awaiting      certain

clarifications from the Government. He, however

conceded that he is not aware if such have been

now yet obtained.

3. The learned Senior Government Pleader -

Smt.K.N.Sarojini, submitted that the normal

procedure seeking Autonomous Status is that the

application should be routed through the

University to the UGC, and their recommendation

to be first obtained.

Taking note of the afore submissions, I

order this writ petition and direct the Calicut

University to take up Ext.P2 application of the

petitioner, adverting to Ext.P4 letter of the

UGC and Ext.P5 further request of the

petitioner; then to take a decision thereon,

after affording them an opportunity of being WP(C) NO. 35018 OF 2022

heard, as expeditiously as is possible, but not

later than two months from the date of receipt

of a copy of this judgment.

I make it clear that I have not entered

into the merits of any of the contentions of

the rival parties and all of them are left

open to be impelled in future, if it becomes so

necessary.

Sd/-

DEVAN RAMACHANDRAN JUDGE lsn/SAS WP(C) NO. 35018 OF 2022

APPENDIX OF WP(C) 35018/2022

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF ACCREDITATION ISSUED BY NATIONAL ASSESSMENT AND ACCREDITATION COUNCIL DATED 23.1.2017

Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 23.7.2022

Exhibit P3 TRUE COPY OF PUBLIC NOTICE NO. F-18-1/2018/ (AC) DATED 24.1.2019 ISSUED BY THE 1ST RESPONDENT

Exhibit P4 TRUE COPY OF THE REPLY NO. F.1-1/2022(AC) DATED 8.8.2022 ISSUED BY THE 2ND RESPONDENT

Exhibit P5 TRUE COPY OF THE REQUEST SENT BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT FOR NOC FROM THE AND UNIVERSITY

Exhibit P6 TRUE COPY OF THE REPLY NO. 229930/CDC-E ASST2/2022/ADMN. DATED 29.10.2022 ISSUED BY THE 3RD RESPONDENT

Exhibit P7 TRUE COPY OF THE REPLY NO.197757/DC-E-ASST-

3/2015/ADMN(1) DATED 22/8/2022 ISSUED BY THE UNIVERSITY OF CALICUT.

Exhibit P8 TRUE COPY OF THE REPLY NO.197757/DC-E-ASST-

3/2015/ADMN DATED 1/9/2022 ISSUED BY THE UNIVERSITY OF CALICUT.

Exhibit P9 TRUE COPY OF THE REPORT AND THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 16/11/2022