MILLATH EDUCATIONAL TRUST REPRESENTED BY ITS CHAIR Vs. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR

JUDGEMENT

(1.) The petitioner, which is a trust running a self financing B.Ed College viz., Millath College of Teacher Education at Sooranad in Kollam District, has submitted Ext.P1 application dated 24.08.2015 before the 2nd respondent University, seeking affiliation for a self financing Arts and Science College in the very same property having a total extent of 5.75 Acres. According to the petitioner, Ext.P1 application was supported by Ext.P2 sketch. On submission of Exts.P1 and P2, after verification by the Estate Officer of the 1st respondent University, the original title deeds and sketch were returned to the petitioner along with Ext.P3 communication dated 11.08.2016. In the meanwhile, the 3rd respondent issued G.O.(Ms) No.178/2016/H.Edn. dated 22.08.2016 not to grant permission to start new unaided self financing colleges in the State. However, the said Government Order was set aside by this Court in the judgment dated 21.12.2016 in W.P.(C) No.24872 of 2016 and connected cases. Seeking a writ of mandamus commanding the 1st respondent University to consider and pass orders on Ext.P1 application, the petitioner had approached this Court in W.P.(C) No.13165 of 2017 and the said writ petition was disposed of by the judgment dated 11.04.2017, whereby the 1st respondent University was directed to consider and pass orders on Ext.P1 application. Pursuant to the said order, the 1st respondent University rejected Ext.P1 application by Ext.P4 order dated 07.07.2017. The operative portion of the said order reads thus:

(2.) Feeling aggrieved, the petitioner is before this Court in this writ petition seeking a writ of certiorari to quash Ext.P4 order dated 07.07.2017, since the same is issued in violation of petitioner's fundamental right under Articles 14 and 30(1) of the Constitution of India. The petitioner has also sought for a writ of mandamus commanding the 1st respondent to reconsider and pass orders on Ext.P1 application, after taking into account all the documentary evidence produced by the petitioner and also the undertaking given by the petitioner. The petitioner has also sought for other consequential reliefs.

(3.) Heard the learned counsel for the petitioner, the learned Standing Counsel for the 1st respondent University representing respondents 1 and 2 and also the learned Senior Government Pleader appearing for the 3rd respondent.