Kerala High Court
Sarathi Institute Of Veterinary And ... vs State Of Kerala on 12 June, 2015
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 2ND DAY OF SEPTEMBER 2016/11TH BHADRA, 1938
WP(C).No. 29159 of 2016 (T)
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PETITIONER:
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SARATHI INSTITUTE OF VETERINARY AND ANIMAL SCIENCE
(SIVAS)
A UNIT OF SARATHI ACADEMIC FOUNDATION OF EXCELLENCE
(SAFE), THALIPARAMABA, KANNUR -670141
REPRESENTED BY ITS CHAIRMAN,REGD.
OFFICE KOROM ROAD,PERUMBA, PAYYANUR, KANNUR-670126.
BY ADVS.SRI.U.BALAGANGADHARAN
SRI.G.GIREESH
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
LAKKIDI, PO, POOKKODE, WAYANAD-673576.
3. THE REGISTRAR,
KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY,
LAKKADI, PO, POOKKODE, WAYANAD.-673576.
BY GOVERNMENT PLEADER SRI.P.K.SHAMSUDHEEN
R2 AND R3 BY SRI.MILLU DANDAPANI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 29159 of 2016 (T)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 A TRUE COPY OF ORDER DATED 12.6.2015 ISSUED BY THIRD
RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 28.9.2015 ISSUED BY THE
THIRD RESPONDENT.
EXHIBIT P3 A TRUE COPY OF RECEIPT DATED 9.9.2015 ISSUED BY THE
DIRECTOR OF ACADEMICS AND RESEARCH.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 27.11.2015 ISSUED BY
THE DIRECTOR OF ACADEMIC AND RESERACH.
EXHIBIT P5 A TRUE COPY OF APPLICATION FOR RENEWAL DATED 30.5.2016
SUBMITTED BY THE PETITIONER.
RESPONDENT(S)' EXHIBITS
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NIL
TRUE COPY PA TO JUDGE
A.M.SHAFFIQUE, J
* * * * * * * * * * * *
W.P.C.No.29159 of 2016
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Dated this the 2nd day of September 2016
J U D G M E N T
Petitioner has approached this Court inter alia seeking for the following directions:
" i) Issue a writ in the nature of mandamus commanding respondent No.2 to consider Ext.P5 and renew the affiliation of the petitioner Institute for the academic year 2016-17;
ii) Issue a writ in the nature of
mandamus commanding the second
respondent to permit the petitioner to start/resume 3rd semester of Diploma in Dairy Science in respect of students admitted to 2015-16 batch.
iii) Issue writ in the nature of mandamus commanding the second respondent to allot students from the common admission test for the Diploma in Dairy Science for the academic year 2016-
17.
iv) Declare that the petitioner is entitled to admit students for Diploma in W.P.C.No.29159/2016 2 Dairy Science for 2016-17 and continue 3rd semester of existing batch 2015-16;"
2. Petitioner College was granted affiliation for Diploma in Dairy Science, Poultry production and Laboratory technique for the academic year 2015-16. Initially, the affiliation was granted for an intake of 30 students and later it was enhanced to 60 students on 28/09/2015. Petitioner admitted all the students and completed two semester examinations and there has been no further infirmity in the infrastructure or the actions taken by the petitioner in this regard. Accordingly, petitioner later applied for renewal of the said course during the year 2016-17. So far, no affiliation had been granted and on account of the same, this writ petition is filed seeking the aforesaid reliefs.
3. Learned Standing Counsel appearing for respondents 2 and 3 submits that the Board of Management of the University had taken a decision not to renew the affiliation and not to grant affiliation for the aforesaid course, as a result of which, Ext.P5 cannot be considered. It is contended that when the University had taken such a decision, petitioner College cannot proceed further in the matter.
W.P.C.No.29159/2016 3
4. Heard learned counsel for the petitioner, learned counsel appearing for respondents 2 and 3 and the learned Government Pleader appearing for the 1st respondent.
5. Having regard to the aforesaid factual situation, it is relevant to note that the College has admitted 60 students for Diploma in Dairy Science on the basis of Ext.P1. Merely for the reason that the Board of Management of the University had decided not to renew the affiliation, it does not mean that the affiliation already granted for the course which started in the academic year 2015-16 should be discontinued. If such a view is taken, all the students who had been admitted to the said course will be put to serious hardship. Therefore, the University is bound to renew the affiliation, if all other parameters are sufficient to continue the course in the College for the next academic year 2016-17 as well. However, it shall always be open for the University to deny new courses from the current academic year itself.
Taking into consideration the aforesaid factual situation, this writ petition is disposed of as under:
W.P.C.No.29159/2016 4
i) The University shall renew affiliation to the petitioner College for the Diploma in Dairy Science in the academic year 2015-16 (60 students) for the academic year 2016-17 as well.
ii) The right of the petitioner to challenge the decision taken by the Board of Management for denying fresh affiliation for Diploma in Dairy Science for the academic year 2016-17 is left open to be decided in appropriate proceedings.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr