M P VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners in these original petitions filed under Article 226 of the Constitution of India, wanted to start new colleges in various places in the State during the academic year 1981-82. They submitted applications to the University of Kerala seeking affiliation for the academic year 1981-82. Syndicate of the University scrutinised the applications, conducted local enquiries through Commission, and after eliminating a few of the applicants, prepared a list of applicants, including the petitioners in these original petitions, and forwarded the listed applications to the State Government; that was because the Syndicate was required to ascertain the views of the State Government before deciding on the grant of affiliation. In all these original petitions it has been averred that what the Syndicate did was to "recommend" approval to the Government and what the Government did was to "approve" recommendation in regard to only a few colleges. The Government forwarded a list of such approved colleges to the Syndicate. Admittedly, the names of the petitioners are not found in the list approved by the Government, with the result that affiliation was not granted to them. These original petitions have been filed seeking declaration that the State Government has no authority to approve or take a decision on the question of grant of affiliation to new colleges and to compel the Syndicate to grant affiliation to the colleges proposed to be started by the petitioners in exercise of the power and jurisdiction vested in the Syndicate. On behalf of the State Government, a common counter-affidavit has been filed in these original petitions and on behalf of the University also a counter-affidavit has been filed.

(2.) The important question arising for consideration in these cases is what exactly are the roles to be played by the Syndicate and the State Government in the matter of grant of affiliation to new Colleges.

(3.) Clause (xxiv) of Section 5 of the Kerala University Act (hereinafter referred to as the 'Act' for short) stated that University shall have power to affiliate to it colleges in accordance with the provisions of the Act and the Statutes, Ordinances and Regulations and to withdraw affiliation of colleges, Section 19 of the Act shows that Syndicate has powers to make Statutes. Section 23 of the Act deals with powers of the Syndicate. Subject to the provisions of the Act and the Statutes, executive power of the University including general superintendence and control over the institutions of the University, shall be vested in the Syndicate. Sub-section (1) says that the Syndicate has power to affiliate institutions in accordance with the terms and conditions of such affiliation prescribed in the Act and the Statutes. Sub-section (b) of Section 34 states that subject to the provisions of the Act, (he Statutes may provide for the constitution, powers and duties of the authorities under the Statutes, not specifically prescribed in the Act. Sub-section (h) states that the Statutes may prescribe the conditions and procedure for affiliation of colleges. Section 56 of the Act deals with affiliation of colleges. Application for affiliation to the University of any college shall be sent by the concerned educational agency to the Registrar within such time and within such manner as may be prescribed by the Statute. The terms and conditions of affiliation of colleges and the procedure to be followed by the Syndicate in granting such affiliation shall be prescribed by the Statute. Section 83 of the Act states that the First Statutes and the First Ordinances shall be made by the Government.