MANAGER Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the Manager of a self financing private college affiliated to the second respondent University. The college applied for additional affiliation for starting new courses in under graduate level and post graduate level. By Ext.P2, the courses applied for by the petitioner was recommended by the University to the first respondent, State Government to ascertain its views. As per Ext.P3, Government accorded administrative sanction to the college for commencement of new courses and as per Ext.P4, N.O.C. was also issued for commencing the course. However, according to the petitioner, even though Ext.P4 was issued as early as on 20.02.2017, University did not take any action to grant affiliation. In that circumstances petitioner has approached this court and secured Ext.P6 judgment in W.P.(C). No. 16188/2017 dtd. 26/5/2017, whereby, a direction was issued to attain finality within a month from the date of receipt of the copy of the said judgment. Any how complaining that the directives have not complied petitioner has filed COC No. 1232/2017 before this court. However, during the pendency of the contempt of case, Ext.P7 inspection report was communicated by the University to the petitioner, whereby, certain deficiencies were noted with respect to the books available in the library and with respect to the area of class rooms for conducting M.Sc Mathematics. It is thus aggrieved by Ext.P7, this writ petition is filed. However, consequent to the drawing of Ext.P7 report, the contempt court case was closed.

(2.) A detailed statement is filed by the second respondent University. Among other contentions, it is stated that, by virtue of the Statute 13 as per the Kannur Unversity First Statute 1998, The petitioner has to maintain minimum number of books in the library. The said provision read as follows:-

(3.) That apart it is stated that, on inspection it was found that though clause 6 of paragraph 31 of Chapter V, Kannur University first Statute provide a minimum of 1.2 sq.mr lecture hall space for each student, the petitioner College has not provided space for the class rooms for the newly proposed courses in accordance with the said provisions.