Kerala High Court
K. Vijayan vs The Vice Chancellor on 30 December, 2015
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 13TH DAY OF JUNE 2017/23RD JYAISHTA, 1939
WP(C).No. 19600 of 2017 (Y)
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PETITIONER:
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K. VIJAYAN,
PRESIDENT, BHUVANESHWARI EDUCATIONAL EMPLOYMENT &
CHARITABLE TRUST,REG. NO. 106/2015, KANHANGAD,
KASARAGODE DISTRICT, PIN - 671 315.
BY ADV. SRI.GEORGE MECHERIL
RESPONDENT(S):
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1. THE VICE CHANCELLOR,
KANNUR UNIVERSITY, CIVIL STATION P.O,
KANNUR -670002.
2. THE REGISTRAR,
UNIVERSITY OF KANNUR, CIVIL STATION P.O,
KANNUR DISTRICT - 670 002.
BY ADV. SRI.M.SASINDRAN, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13-06-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 19600 of 2017 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 30/12/2015 ALONG
WITH THE BANKERS CHEQUE FOR RS. 2,02,000/-
EXHIBIT P2 TRUE COPY OF THE RECOMMENDATION OF THE UNIVERSITY
DATED 27/4/2016 GIVEN TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 6-5-2016 SUBMITTED
BEFORE THE GOVERNMENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 6/6/2016
SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE
MINISTER FOR EDUCATION.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 18/8/2016 IN
W.P(C) NO. 27463/2016.
EXHIBIT P6 TRUE COPY OF THE STATEMENT FILED BY THE JOINT
SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT
ON 30-08-2016.
EXHIBIT P7 TRUE COPY OF THE GOVT. ORDER G.O(MS) NO. 178/2016/H
EDN. DT. 22/8/2016.
EXHIBIT P8 TRUE COPY OF THE MINUTES OF THE SYNDICATE COMMITTEE
MEETING DATED 23/9/2016.
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 3/5/2017 OF THE
UNIVERSITY.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 26-5-2017 IN
W.P (C) NO. 16228 OF 2017 (C) OF THIS HONOURABLE
COURT.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
P.A.TO JUDGE
K.V.
SHAJI P. CHALY, J.
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W.P.(C). No.19600 of 2017
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Dated this the 13th day of June, 2017
JUDGMENT
Petitioner is the President of a registered Trust. The Trust desired to start Arts and Science College under the Self Finance Stream. According to the petitioner, substantial amounts were spent to meet the requirement of infrastructure in order to start the college. Petitioner has submitted an application seeking affiliation with the respondent University. According to the petitioner, the same was declined as per Ext.P9 dated 3.5.2017 without assigning any reasons at all and therefore, Ext.P9 is arbitrary and illegal and liable to be interfered with by this court exercising the power of discretion under Article 226 of the Constitution of India.
2. Today when the matter is taken up, I had the advantage of hearing the petitioner's counsel as well Standing Counsel appearing for the University. Under similar circumstances this court has passed Ext.P10 judgment dated 26.5.2017 setting aside the order passed by the University W.P.(C). No.19600 of 2017 2 and directing re-consideration. The subject issue revolves round Ext.P9, which read thus:
"The Hon'ble High Court of Kerala as per judgment dated 21.12.2016 in W.P.(C) No.24872/2016 & connected cases adjudged among other thing that the respective Universities shall consider the applications of the petitioner in the light of the University Statutes in accordance with the Law on the matter of affiliation of new colleges and additional courses in existing colleges.
Accordingly, the Syndicate meeting held on 14.3.2017 considered your request to reconsider the application for starting new self financing colleges/courses, in the light of judgment of Hon'ble High Court dated 21.12.2016 and resolved, not to consider on the basis of inspection report submitted by the Inspection Committee of the Syndicate.
The judgment of the Hon'ble High Court in W.P.(C)No.24872/2016 and connected cases dated 21.12.2016 is complied with."
On a reading of the order passed by the University, one thing is clear, no reasons are assigned to arrive at such a conclusion. It is basic and legal that, the statutory authority considering the application is bound under law to assign W.P.(C). No.19600 of 2017 3 reasons to the orders passed by it. That being the situation, the same transforms into an arbitrary order warranting interference of this court and I have no hesitation to set aside Ext.P9 order.
3. Accordingly, Ext.P9 is set aside and there will be a direction to the respondents to take a decision in accordance with law within two weeks from the date of receipt of a copy of this judgment. Learned counsel for petitioner pointed out that, it is clear from Ext.P9 order that, the Syndicate has taken the decision on 14.3.2017 whereas the same is issued only on 3.5.2017. It is also recorded. I also direct the respondents to intimate any defect in the application submitted by the petitioner to the petitioner sufficiently earlier and before taking a decision.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE smv 13.6.2017 W.P.(C). No.19600 of 2017 4