Kerala High Court
International Educational Trust vs State Of Kerala on 21 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 21ST DAY OF JUNE 2023 / 31ST JYAISHTA, 1945
WP(C) NO. 15840 OF 2023
PETITIONER/S:
ILAHIA TRUST
REPRESENTED BY ITS GENERAL SECRETARY, MUVATTUPUZHA,
P.O., ERNAKULAM, PIN - 686673
BY ADVS.
P.M.SANEER
TONY GEORGE KANNANTHANAM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 MAHATMA GANDHI UNIVERSITY
(REPRESENTED BY ITS REGISTRAR) PRIYADARSHINI HILLS,
KOTTAYAM, PIN - 686560
3 BAR COUNCIL OF INDIA,
REPRESENTED BY ITS CHAIRMAN, 21 ROUSE AVENUE
INSTITUTIONAL AREA, NEW DELHI, PIN - 110002
SRI. K. B. RAMANAND, SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.06.2023, ALONG WITH WP(C).15869/2023, 15883/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.15840, 15869 & 15883 of 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 21ST DAY OF JUNE 2023 / 31ST JYAISHTA, 1945
WP(C) NO. 15869 OF 2023
PETITIONER/S:
INDIRA GANDHI MEMORIAL TRUST
AGED 42 YEARS
REPRESENTED BY ITS GENERAL SECRETARY, NELLIKUZHY .P.O,
KOTHAMANGALAM, PIN - 686691
BY ADVS.
P.M.SANEER
TONY GEORGE KANNANTHANAM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 MAHATMA GANDHI UNIVERSITY
(REPRESENTED BY ITS REGISTRAR) PRIYADARSHINI HILLS,
KOTTAYAM, PIN - 686560
3 BAR COUNCIL OF INDIA
REPRESENTED BY ITS CHAIRMAN, 21 ROUSE AVENUE
INSTITUTIONAL AREA, NEW DELHI, PIN - 110002
SRI. K. B. RAMANAND, SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.06.2023, ALONG WITH WP(C).15840/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.15840, 15869 & 15883 of 2023 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 21ST DAY OF JUNE 2023 / 31ST JYAISHTA, 1945
WP(C) NO. 15883 OF 2023
PETITIONER/S:
INTERNATIONAL EDUCATIONAL TRUST,
AGED 66 YEARS
REPRESENTED BY ITS CHAIRMAN, THRIKKAKARA,
COCHIN - 682021
BY ADVS.
P.M.SANEER
TONY GEORGE KANNANTHANAM
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -695001
2 MAHATMA GANDHI UNIVERSITY,
(REPRESENTED BY ITS REGISTRAR) PRIYADARSHINI HILLS,
KOTTAYAM -686560
3 BAR COUNCIL OF INDIA,
REPRESENTED BY ITS CHAIRMAN, 21 ROUSE AVENUE
INSTITUTIONAL AREA, NEW DELHI-110002
SRI. K. B. RAMANAND, SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.06.2023, ALONG WITH WP(C).15840/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.15840, 15869 & 15883 of 2023 4
JUDGMENT
[WP(C) Nos.15840/2023, 15869/2023, 15883/2023]
Petitioners in these writ petitions have approached this
Court, challenging the refusal of the Government in issuing a 'No
Objection Certificate' to the petitioners for setting up new self
financing law colleges under the Mahatma Gandhi University.
2. When these matters are taken up for consideration
today, a copy of the Circular No.G.O.(Rt) No.900/2023/HEDN dated
16.06.2023 is placed for my consideration by the learned Special
Government Pleader. He submits that No objection Certificates
have been issued to all the petitioners in these cases, for the
academic year 2023-24.
3. Learned Senior Counsel appearing for the petitioners in
these cases would submit that since the No Objection Certificates
have been issued for the academic year 2023-24, the Mahatma
Gandhi University has to now issue orders regarding affiliation
forthwith as otherwise the petitioners will be put to great prejudice
as it may not be possible to grant admissions in the academic year
2023-24.
4. Learned Standing Counsel appearing for the University
would submit that necessary orders as a consequence of the 'No
WP(C) Nos.15840, 15869 & 15883 of 2023 5
Objection Certificate' now given to the petitioners in these cases
will be issued by the University without any further delay and no
later than two weeks from today. This statement of the learned
Standing Counsel appearing for the University is recorded.
Accordingly, these writ petitions will stand disposed of,
directing the University to pass necessary consequential orders as
expeditiously as possible and at any rate, no later than two weeks
from today.
Sd/-
GOPINATH P.
JUDGE
ajt
WP(C) Nos.15840, 15869 & 15883 of 2023 6
APPENDIX OF WP(C) 15869/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION NIL DATED
SUBMITTED BY THE PETITIONER BEFORE THE
UNIVERSITY
Exhibit P2 A TRUE COPY OF THE "E-RECEIPT" PAYMENT DATED
26-8-2021 ISSUED BY THE UNIVERSITY
Exhibit P3 A TRUE COPY OF THE ORDER
NO.5144/ACA1/2022/MGU DATED 16/5/2022 ISSUED
BY THE UNIVERSITY
Exhibit P4 . A TRUE COPY OF THE LETTER NO. 187154/ACA1-
3/2021/ACAD DATED 26-7-2022 ADDRESSED TO THE
MANAGER PETITIONER TRUST BY THE UNIVERSITY
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WPC
NO.37180/2022 DATED 28-11-2022 OF THIS
HON'BLE COURT.
Exhibit P6 A TRUE COPY OF THE ORDER NO.
12601/ACA1/2022/MGU DATED 13/12/2022 ISSUED
BY THE UNIVERSITY
Exhibit P7 A TRUE COPY OF THE JUDGMENT IN WPC
NO.41352/2022 DATED 23-3-2023 OF THIS HON'BLE
COURT
Exhibit P8 A TRUE COPY OF THE G.O.(RT)579/2023/HEDN.
DATED 24-4-2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P9 A TRUE COPY ONE OF GOVERNMENT ORDER NO. G O
(RT) NO 838/2023/HEDN DTD 9/6/2023 ISSUED BY
THE 1ST RESPONDENT
WP(C) Nos.15840, 15869 & 15883 of 2023 7
APPENDIX OF WP(C) 15883/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION DATED 31-8-
2021 SUBMITTED FOR AFFILIATION.
Exhibit P2 A TRUE COPY OF THE "E-RECEIPT" DATED 31-8-
2021 ISSUED BY THE UNIVERSITY
Exhibit P3 A TRUE COPY OF THE ORDER
NO.2385/ACA1/2022/MGU DATED 7-3-2022 ISSUED
BY THE UNIVERSITY.
Exhibit P4 . A TRUE COPY OF THE LETTER NO. 187154/ACA1-
3/2021/ACAD DATED 26-7-2022 ADDRESSED TO THE
MANAGER PETITIONER TRUST BY THE UNIVERSITY
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 16-7-
2022 SUBMITTED BY THE PETITIONER
Exhibit P6 A TRUE COPY OF THE LETTER NO.
C1/187/2022/HEDN DATED 24-9-2022 ISSUED BY
THE 1ST RESPONDENT
Exhibit P7 A TRUE COPY OF THE JUDGMENT IN WPC
NO.36976/2022 DATED 28-11-2022 OF THIS
HON'BLE COURT
Exhibit P8 A TRUE COPY OF THE ORDER NO.
12601/ACA1/2022/MGU DATED 13/12/2022 OF THE
UNIVERSITY
Exhibit P9 A TRUE COPY OF THE JUDGMENT IN WPC
NO.41309/2022 DATED 23-3-2023 OF THIS HON'BLE
COURT.
Exhibit P10 A TRUE COPY OF THE G.O.(RT)579/2023/HEDN.
DATED 24-4-2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P11 A TRUE COPY ONE OF GOVERNMENT ORDER NO.
G.O(RT) NO.838/2023/HEDN DATED 9/6/2023
ISSUED BY THE 1ST RESPONDENT.
WP(C) Nos.15840, 15869 & 15883 of 2023 8
APPENDIX OF WP(C) 15840/2023
PETITIONER EXHIBITS
Exhibit P1 . A TRUE COPY OF THE APPLICATION DATED 26-8-
2021 SUBMITTED BY THE PETITIONER BEFORE THE
UNIVERSITY
Exhibit P2 A TRUE COPY OF THE "E-RECEIPT" PAYMENT DATED
26-8-2021 ISSUED BY THE UNIVERSITY
Exhibit P3 A TRUE COPY OF THE ORDER
NO.4492/ACA1/2022/MGU DATED 29/4/2022 ISSUED
BY THE UNIVERSITY
Exhibit P4 A TRUE COPY OF THE LETTER NO. 187154/ACA1-
3/2021/ACAD DATED 26-7-2022 ADDRESSED TO THE
MANAGER PETITIONER TRUST BY THE UNIVERSITY
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WPC
NO.37186/2022 DATED 28-11-2022 OF THIS
HON'BLE COURT.
Exhibit P6 A TRUE COPY OF THE ORDER NO.
12601/ACA1/2022/MGU DATED 13/12/2022 ISSUED
BY THE UNIVERSITY
Exhibit P7 A TRUE COPY OF THE JUDGMENT IN WPC
NO.41341/2022 DATED 23-3-2023 OF THIS HON'BLE
COURT
Exhibit P8 A TRUE COPY OF THE G.O.(RT)579/2023/HEDN.
DATED 24-4-2023 ISSUED BY THE 1ST RESPONDENT.
Exhibit P9 A TRUE COPY ONE OF GOVERNMENT ORDER NO. G O
(RT) NO 838/2023/HEDN DTD 9/6/2023 ISSUED BY
THE 1ST RESPONDENT
