THE EXECUTIVE DIRECTOR, VIDYA INTERNATIONAL CHARITABLE TRUST, VIDYA CAMPUS, KUNNUKUZHY, THALAKKOTTUKARA, TRICHUR Vs. A.P.J. ABDUL KALAM TECHNOLOGICAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, CET CAMPUS, TRIVANDRUM

JUDGEMENT

(1.) Brevity will do no inequity when issues and points urged have been spoken to on by the several courts in judgments past. I, therefore, intend in his judgment to be as brief as would be possible.

(2.) The subject matter in issue in all these writ petitions is the pre-condition imposed by two Universities under which the applicants, who are Private Self Financing Colleges and Institutions, have been asked to obtain a prior permission of the Government of Kerala styled as a 'No Objection Certificate' (NOC) before their applications for affiliation can be considered by the Universities. The two Universities, namely, APJ Abdul Kalam Technological University and the Kerala University of Health and Allied Sciences have issued notifications, which are impugned in these writ petitions, mandating that the applicants for new courses obtain the NOC from the Government of Kerala before their applications for affiliation can be considered. This condition has been assailed by the petitioners as being in excess of the powers vested with the Universities and also on the ground that the Government does not have any such right, under the Statutes and Regulations applicable, to grant or deny NOCs but at the best the Government's view may be considered by the Universities appropriately in terms of the enabling Statutes.

(3.) Since all these writ petitions concern similar if not identical issues, contain essentially the same averments, allegations and assertions and have asked for reliefs that are similar and entwined to each other, I deem it appropriate to dispose them of jointly in this judgment. However, for the sake of convenience I treat W.P.(C)No. 1758/2007 as the lead case and any reference to the parties and documents in this judgment will be as per the status available in that writ petition.