V.N. Public Health And Educational ... vs State Of Kerala And Ors. Etc. on 24 February, 2021
6. Challenging the judgment passed by the Division
Bench dated 03.11.2020 to the extent it refused relief for
the academic year 2020-2021, the petitioner filed SLP Nos.
14219 and 14220, of 2020. Leave was granted and by
W.P.(C)No.21894/2021 10
Ext.P8 judgment dated 24.02.2021(V.N.Public Health &
Educational Trust v. State of Kerala and others [AIR
2021 SC 2673 : 2021 (2) KLT 730]), the Hon'ble Supreme
Court dismissed Civil Appeal Nos. 703-704 of 2021. In
Ext.P8 judgment, the Apex Court considered the question as
to whether grant of EC by the State Government is a
ministerial act or not and whether EC once issued can be
withdrawn. The Apex Court held that the grant of EC by the
State Government and CoA by the University is not simply a
ministerial act. The Apex Court also held that the State
Government has power to withdraw the EC where it is
obtained by playing fraud on it or where the substratum on
which the EC was granted vanishes or on like reasons. On
facts, the Apex Court found that though a conditional EC
was granted to the petitioner in the year 2004 subject to
removal of deficiencies and even though 17 years elapsed,
the petitioner has been unsuccessful in removing the
deficiencies. Thus, the Apex Court found that the very
substratum on which the EC was granted is missing right
from the very inception. In Ext.P8 judgment, it was held that
W.P.(C)No.21894/2021 11
the State Government or the KUHS cannot be directed to
issue EC or CoA to the petitioner for the year 2020-2021
even notionally. However, the Apex Court held that it is
open to the petitioner to make appropriate application for
grant of EC and CoA for the next academic year before the
concerned authority in accordance with the time schedule
after removing the alleged deficiencies and in case any
such applications are made, the same shall be disposed of
by the concerned authorities in accordance with law and
the procedure prescribed.