STATE OF KERALA Vs. VIDYADHIRAJA CHARITABLE SOCIETY

JUDGEMENT

(1.) Leave granted.

(2.) The High court of Kerala was approached by Respondent I, Shri Vidyadhiraja Charitable Society, making a grievance about the actions taken to give affiliation by the three Universities in the State, namely, the Kerala University, the Mahatma Gandhi University and the Calicut University, to some new colleges without following the statutory requirements stipulated by Section 56 of the Kerala University Act, 1957 and Ch. 24 of the Kerala University First Statutes, 1977. The learned Single Judge of the High court before whom the matters came in the first instance dealt only with the interlocutory prayer made, which was to restrain the three Universities from giving the proposed affiliation. By order dated 27/9/1994, the learned Single Judge issued an interim direction to the respondents before him not to sanction any new college or grant affiliation to any college which had not complied with the statutory provisions holding the field. Appeals were filed before a division bench of the High court against the interlocutory order. The bench dealt with the appeals and also with a reference made by a Single Judge in some other proceedings. By the impugned judgment, the bench has dismissed the appeals as well as the original application. The present appeals are by the State of Kerala.

(3.) As the subject-matter before the High court was relating to academic year 1994-95 which is coming to close soon, we have not felt it necessary to examine the merits of the controversy. Having heard learned counsel for the parties, we are of the view that requirement of law and interest of justice, as well as the larger interest of the society, would be met by directing as follows: