UNIVERSITY OF KERALA Vs. ALL SAINTS COLLEGE

JUDGEMENT

(1.) APPELLANT University is the 1st respondent in the petition under Article 226 of the Constitution of India, filed by the 1st respondent in this appeal, claiming the following reliefs:

(2.) BRIEFLY put, the facts are as follows: Writ petitioner is an educational institution affiliated to the appellant University. Petitioner college is conducting various courses approved by the appellant University. Petitioner college was established in the year 1964 and is one of the oldest educational institutions in Thiruvananthapuram City, located in the coastal belt. In order to provide access to higher education to the students of coastal area, petitioner college decided to start Post Graduate Courses in various science subjects and also in B.Com. Tourism and Travel Management. Petitioner submitted an application for grant of affiliation of the said courses and its application was considered by the appellant University. Ext.P1 is the letter of consent issued by the appellant University. In Ext.P1, a rider was added that the new courses should be on aided basis. Writ petitioner's submission is that whether the course should be aided or unaided is a matter for the 2nd respondent Government to decide. When the petitioner approached the Government for no objection certificate to commence the courses, the Government issued Ext.P2 communication according sanction as unaided/self financing courses, provided the petitioner college executed an agreement with the Government agreeing to abide by certain conditions. As required in Ext.P2, the petitioner executed an agreement with the Government and that is Ext.P3. Pursuant to Ext.P3, the Government issued no objection certificate to start various courses as self financing/unaided courses. Ext.P4 is the Government order issued in that behalf. On receipt of Ext.P4, the petitioner again approached the appellant University for affiliation. To the shock and surprise of the petitioner, it received Ext.P5 communication whereby the consent issued on 23.06.2012 was withdrawn. Reason stated for withdrawal of consent is that the appellant University on a previous occasion decided not to grant affiliation for unaided courses in aided educational institutions. Ext.P6 is the copy of resolution obtained by the petitioner in connection with this matter. Petitioner contended that the decision taken by the University is per se illegal and without any basis. Appellant University is legally bound to grant affiliation if the petitioner college satisfied the norms prescribed. Hence the writ petition.

(3.) WRIT petitioner filed a reply affidavit answering the contentions raised by the appellant University.