LAWS(KER)-2017-8-371

KANNUR UNIVERSITY Vs. JESBIN JOY

Decided On August 31, 2017
Kannur University Appellant
V/S
Jesbin Joy Respondents

JUDGEMENT

(1.) A college, already running many undergraduate and post-graduate courses, seeks the University's permission to start a fresh undergraduate course. It gets in-principle approval, besides securing Government nod. It admits students, without a formal course-affiliation, though. Affiliation denied, it approaches Court, secures directions for provisional approval, and conducts examinations. After a second round of inspection, the University, for the first time, points out certain infrastructural shortcomings, its earlier positive report still remaining. And it denies approval, once again.

(2.) An academic matter as it is, can this Court direct the University to affiliate the course and to declare the results of the examinations the college conducted on the strength of an interim direction and under the University's supervision? Can the defects found by the second inspection team be glossed over because the first inspection team found none? Facts:

(3.) An Arts and Science College and a group of its students filed W.P. (C)Nos.23483 and 23484/17 respectively. They both questioned the University's alleged inaction in affiliating an undergraduate course in the college and declaring the results of the first Semester, supposedly held under the University Examiners' supervision. A learned Single Judge, through a common judgment dated 31.8.2017, allowed both the writ petitions. Aggrieved, the University has filed these appeals: W.A.2486 of 2017 and W.A.2439 of 2017.