Hidayathul Muslimeen Yatheem ... vs The University Of Calicut
2022 Latest Caselaw 8865 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                       WP(C) NO. 21264 OF 2022
PETITIONER:

            HIDAYATHUL MUSLIMEEN YATHEEM KHANA SANGAM, MANJERI
            (A REGISTERED SOCIETY NO.34/1970), MANJERI COLLEGE
            P.O.- 676 122, MALAPPURAM DISTRICT, REPRESENTED BY ITS
            SECRETARY SRI.V.KUNHIMOIDEENKUTTY, AGED 83 YEARS,
            S/O.AHAMADKUTTY, RESIDING AT SALEENA MANZIL, MLA ROAD,
            MANJERI COLLEGE P.O. - 676 122, MALAPPURAM DISTRICT.

            BY ADV M.KRISHNAKUMAR



RESPONDENTS:

    1       THE UNIVERSITY OF CALICUT
            UNIVERSITY OF CALICUT P.O., THENJIPPALAM, MALAPPURAM
            DISTRICT - 673 635, REPRESENTED BY ITS REGISTRAR.

    2       THE REGISTRAR, UNIVERSITY OF CALICUT
            UNIVERSITY OF CALICUT P.O., THENJIPPALAM, MALAPPURAM
            DISTRICT - 673 635.

    3       THE DIRECTOR
            COLLEGE DEVELOPMENT COUNCIL, UNIVERSITY OF CALICUT,
            UNIVERSITY OF CALICUT P.O., THENJIPPALAM, MALAPPURAM
            DISTRICT - 673 635.



            ADV.P.C.SASIDHARAN SC, CALICUT UNIVERSITY




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21264 OF 2022
                                 2



                          JUDGMENT

The petitioner seeks affiliation with the

1st respondent - University of Calicut.

2. Sri.M.Krishna Kumar - learned counsel

for the petitioner, explains that his client's

application for affiliation has not been

considered by the University solely saying that

the property on which they have constructed the

infrastructure and buildings are not owned, but

held by them only under a 99 year lease. The

learned counsel asserted that this issue has

already been decided by a learned Judge of this

Court in Ext.P7 judgment and therefore, that

such an objection could not have been impelled

by the University any further.

3. In response, Sri.P.C.Sasidharan -

learned Standing Counsel for the Calicut

University, submitted that the time for

granting affiliation to any course or College WP(C) NO. 21264 OF 2022

this year has elapsed. He submitted that,

therefore, the best the petitioner can do is to

make a fresh application for the next year,

which will be considered, adverting to Ext.P7

also.

4. When one examines Ext.P7, it is clear

that a learned Judge of this Court considered

the applicable Regulations of the University

Grants Commission and held that the University

is to consider, interalia, whether the lease

holder is capable of putting up any

construction on the land, and whether they

would be entitled to establish a College

thereon; and that if these conditions are

satisfied, there can be no embargo for the

University in granting affiliation, solely

because the holder of the land is only having a

leasehold right on it.

5. The facts presented in this case are

similar, if not identical, attributes as the WP(C) NO. 21264 OF 2022

one that were considered by the learned Judge

in the afore judgment. I am certain, therefore,

that the claim of the petitioner must be

considered by the University at least in the

next academic year.

Taking note of the afore, I order this writ

petition, leaving liberty to the petitioner to

make a fresh application for affiliation for

the next academic year; and if this is done

within a period of one month from today, same

shall be considered by the University,

adverting to Ext.P7, with a further

clarification that it shall not be rejected

solely on the ground that the petitioner does

not own the land, but is holding it under a 99

year lease.

Needless to say, every other applicable

criteria and qualification will require to be

satisfied and complied with by the petitioner

before affiliation is granted by the University WP(C) NO. 21264 OF 2022

and they will have full right to verify whether

the petitioner has put up necessary

construction and whether they are entitled to

the ownership of the same, though it has been

made on a leased land.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 21264 OF 2022

APPENDIX OF WP(C) 21264/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LEASE DEED DATED 17/11/2001.

Exhibit P1A TRUE READABLE COPY OF EXHIBIT P1.

Exhibit P2 TRUE EXTRACT OF THE BASIC TAX REGISTER REFERABLE TO SURVEY NO.25/11 ISSUED TO THE PETITIONER FROM NARUKARA VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 17/10/2019 ISSUED TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE APPLICATION FOR ESTABLISHMENT AND AFFILIATION OF NEW COLLEGE DATED 28/10/2019.

Exhibit P5 TRUE COPY OF THE LETTER DATED 11/01/2022 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE LETTER DATED 25/02/2022 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE JUDGMENT OF THE HIGH COURT OF KERALA IN PRAYAGA FOUNDATION FOR EXCELLENCE IN EDUCATION AND TRAINING, PALAKKAD VS. UNIVERSITY OF CALICUT,MALAPPURAM REPORTED IN 2021 KHC 2841.