UNIVERSITY OF KERALA Vs. PATRIACH ELIAS CHARITABLE SOCIETY

JUDGEMENT

(1.) The captioned writ appeal is filed by the first respondent in W.P.(C) No. 15504 of 2020 challenging the interim order dated 03.08.2020 passed by the learned single Judge, whereby the appellant University was directed to forthwith include the name of the college of the writ petitioner in the admission portal of the appellant University to enable the aspirants to apply for admission to various arts and science degree courses in the college of the writ petitioner. The interim order was granted by the learned single Judge on finding that the college has been functioning for the last four years in an extent of 3.40 acres of property, which is a dry land, evident from Ext.P4 land use certificate issued by the Pavithreswaram Grama Panchayat, Kollam and that further proceedings for correction of the Basic Tax Register is pending consideration before the statutory authority.

(2.) The paramount contention advanced by the appellant University is that if the direction issued by the learned single Judge is complied with, it would result in thwarting the continuous attempts made by the appellant University to compel the writ petitioner educational agency to comply with the basic requirement for granting affiliation. It is also submitted that even though five long years have elapsed since the college was granted provisional affiliation on the solemn assurance given by the management that defects noted would be rectified, the management has not taken any steps to rectify the defects. It is also pointed out that as per Ext.P6 letter dated 24.04.2019, the management has undertaken to initiate necessary steps to purchase adjacent land of adequate measurement within a period of one year to comply with the land requirements as prescribed by the University; but the management has failed to comply with the said undertaking also. Therefore, the sum and substance of the contention put forth by the appellant University is that the learned single Judge has not taken note of the relevant and material aspects before passing the interim order.

(3.) We have heard Sri. Thomas Abraham, learned counsel for the appellant University, Sri. Surin George Ipe, the learned Senior Government Pleader, and Sri. C. Unnikrishnan, the learned counsel appearing for the writ petitioner, and perused the pleadings and documents on record.