P MAHAMOOD Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by the judgment dated 01-01-2007 in W.P. (C).No.601 of 2007, Secretary of a Charitable Trust has come up with this appeal. The appellant is a registered Trust and runs educational institutions. They had applied for starting a new B.Ed College and earlier the Kannur University had granted NOC for them. The appellant had invested substantial amounts as early as in 2004. In due course, the National Council for Teacher Education (NCTE) had conducted an inspection and had granted recognition for the B.Ed College. But, thereafter it was found that as per the Government policy, the University was not prepared to grant affiliation. In the said circumstances, a writ petition had been filed as W.P.(C).No.30492 of 2006, which was disposed of on 23-11-2006, and as in the preliminary round they were not successful an appeal 2006) also had been filed, which was disposed of by Ext.P8 judgment. It was directed therein that the University is to take appropriate steps to take a decision regarding affiliation by 31-12-2006.

(2.) Consequent to the above, Ext.P9 was issued by the Registrar of the Kannur University, whereby the appellant had been informed that the B.Ed course proposed cannot be considered for the academic year 2006-07. The consideration of the claim for the year 2007-08 was however left open. The predicament of the appellant appears to be that they had commenced classes for B.Ed course in anticipation of affiliation in December, 2006 reserving 50% seats for Government allotment. It was, therefore, by way of a writ petition (W.P.(C).No.601 of 2007 requested that at least a provisional affiliation required to be granted.

(3.) The learned single Judge was not prepared to accept the contentions of the appellant/petitioner. It was observed that B.Ed course is only for one year and the appellant's conduct of admitting a few students could not have entitled him to urge a claim for affiliation, especially as the University was bound by the policy that is followed by the Government and they had no independent discretion.