IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 1711 of 2007()
1. THE CALICUT UNIVERSITY
... Petitioner
2. THE VICE CHANCELLOR
Vs
1. FATHIMA MEMORIAL EDUCATONAL TRUST
... Respondent
For Petitioner :SRI.P.C.SASIDHARAN, SC, CALICUT UTY.
For Respondent :SRI.GEORGE POONTHOTTAM
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/09/2007
O R D E R
H.L. DATTU, C.J. & K.T. SANKARAN, J.
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W.A. No. 1711 OF 2007
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Dated this the 26th September , 2007
J U D G M E N T
H.L. Dattu, C.J.:
The Calicut University, represented by its Registrar and Vice Chancellor
of the University are the appellants in this appeal. They are calling in question
the correctness or otherwise of the judgment rendered by the learned single
Judge in W.P.(C) No. 12772 of 2007 dated 22nd June, 2007.
2. The petitioner/respondent herein is an educational trust. It has
obtained recognition from the N.C.T.E. (National Council for Teacher
Education) on 23.10.12006 to commence a B.Ed college within the territorial
jurisdiction of the Calicut University (hereinafter referred to as University). After
obtaining such recognition from the N.C.T.E., they had approached the
University for affiliation of the college with the University. Since the request
had not been considered by the University within a reasonable time, they had
approached this court with Writ Petition (C) No. 28451 of 2006. The said Writ
Petition came to be dismissed by Ext.P9 order dated 16.11.2006.
3. After the dismissal of the aforesaid Writ Petition, the college had
once again approached this court in Writ Appeal No. 2186 of 2006. The said
Writ Appeal had been disposed of by Ext.P10 order dated 30.11.2006.
4. Since the University did not comply with the orders and directions
issued by this court while disposing of W.A.No.2186 of 2006, the
petitioner/respondent herein was constrained to file a Contempt Case before
this Court . Since the learned counsel for the University made a statement
that the orders passed by the University on 23.12.2006 would be withdrawn,
the court was pleased to dispose of the Contempt Case as having become
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infructuous.
5. In spite of the disposal of the Writ Appeal and the Contempt Petition,
since the Syndicate did not take any decision in the matter (which is in dispute
between the parties) the petitioner/respondent herein was before this court in
W.P.(C) No.12772 of 2007. While disposing of Writ Petition No.12772 of
2007, the learned single Judge has directed the University to grant permanent
affiliation to the petitioner’s college and has also imposed cost on the
University for various reasons.
6. Aggrieved by the order passed by the learned single Judge, the
University is before us in this appeal. The matter was heard at length.
7. Since we were aware of the fact that the counsel appearing for the
parties to the lis are not only fair to the court but also fair to the other side,
we made certain suggestions and those suggestions are immediately
accepted by both the learned counsel. The suggestions are, that the
University will grant provisional affiliation to the petitioner’s college; the
University will appoint a Committee to inspect the college as required under the
statute of the University and then prepare a report and if there are any
omissions, it shall point out the same to the petitioner’s college and the
petitioner’s college would cure those omissions or defects and thereafter the
Committee appointed by the University will make a further inspection and then
submit a report to the Vice Chancellor of the University to take a decision in the
matter of granting permanent affiliation.
8. In view of the aforesaid understanding, we do not intend to go into
the merits or de-merits of the contentions canvassed by the learned counsel
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appearing for the parties to the lis. Accordingly, we pass the following order:
O R D E R
i) The Writ Appeal is disposed of.
ii) The University shall grant provisional affiliation to the
petitioner’s college within 15 days from today.
iii) The Vice Chancellor of the University will appoint a Committee
within15 days from today, with a specific direction to inspect the petitioner’s
college and, then submit a report to the University within 15 days from the
date of constitution of the Committee and a copy of the same to the petitioner’s
college. If, for any reason, the Committee points out any omissions or defects
in the functioning and establishment of the petitioner’s college, it will inform the
same to the petitioner’s college with a specific direction to cure those defects
within 30 days from the date of receipt of the report. After curing the
omissions pointed out by the Committee the petitioner’s college would intimate
the same to the Vice Chancellor of the University with a request to direct the
Committee to make an inspection of the college to ascertain whether the
defects pointed out by the Committee has been cured or not. The Vice
Chancellor, within 15 days after receipt of such a request will direct the
Committee to make further inspection and submit a report within 15 days
thereafter. If the Committee is satisfied, then it will submit a final report within
15 days thereafter to the Vice Chancellor of the University, who will place the
matter before the Syndicate for final orders/for granting of permanent
affiliation to the petitioner’s college .
iv) The orders passed by the learned single Judge while disposing
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of Writ Petition No. 12772 of 2007 shall not be treated as a precedent in any
other case.
v) The observations made by the learned single Judge in the
paragraph 14 of the impugned judgment is expunged, which includes the cost
also.
vi) The contentions canvassed by the learned counsel for the parties to
the lis with regard to the point as to whether the recognition granted by the
N.C.T.E. would prohibit the University from making inspection or from
passing any other order contrary to the recognition granted by the N.C.T.E.,
will be decided in an appropriate case.
vii) We only hope and trust, that, the Syndicate of the University will
act very fairly, if it is possible and permissible to grant permanent affiliation to
the petitioner’s college
viii) I.A.No.742 of 2007 is also disposed of.
Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE.
K.T. SANKARAN,
JUDGE.
lk/DK.