UNIVERSITY OF CALICUT Vs. NIRMALA EDUCATIONAL TRUST

JUDGEMENT

(1.) The captioned appeal and the writ petitions are materially connected in respect of affiliation sought for by the writ petitioner in W.P.(C) No. 23387 of 2019 namely Nirmala Education Trust to a Two-year Post Graduation Degree course, M. Com (Finance). Therefore, in agreement, we have heard them together and propose to pass this common judgment.

(2.) W.A. No. 1947 of 2019 is filed by the University of Calicut and the Vice Chancellor against the interim order dtd. 30/8/2019 passed by the learned single Judge in W.P.(C) No. 23387 of 2019, whereby the following directions were issued:

(3.) In fact, when the writ appeal came up for admission before the Division Bench on 4/9/2019, the impugned order was stayed. Apparently, by virtue of the interim order granted by the learned single Judge, the writ petitioner college has admitted 11 students to the First Year M. Com (Finance) course, which was said to be on or before 31/8/2019, being the last date for effecting admission. Whatever that be, later, the University notified the first Semester Regular Examinations for the M.A/M.Sc/M. Com Regular Examinations, as per notification dtd. 4/11/2019. Thereupon, on the basis of the directions sought for by the college and taking into account various factual and legal circumstances, this Court, by order dtd. 18/11/2019, directed the University of Calicut to open the portal of the University and include the name of the writ petitioner college so as to enable 11 students undergoing the First Semester M. Com course for online registration for Regular Examinations scheduled in November, 2019. The said order reads thus: