Disposed

The Vice Chancellor, Kannur University v. Fr. Joseph Antony

Kerala HC4 Aug 2017WA/1582/2017

Case brief

AI extract

What is this about?

Two appeals regarding provisional affiliation renewal for St. Jude's and St. Mary's Colleges. The Court ordered conditional affiliation for the academic year 2017-18, requiring colleges to remedy infrastructure deficiencies within a fixed timeframe under University Statute 14, Chapter V, and authorized direct admissions.

What did the court decide?

Conditional affiliation granted for year 2017-18 subject to rectifying deficiencies within a prescribed timeframe; direct admissions permitted.

The Vice Chancellor, Kannur University Vs Fr. Joseph… — Education and Admissions | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH &

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 4TH DAY OF AUGUST 2017/13TH SRAVANA, 1939

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WA.No. 1582 of 2017

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APPELLANTS/RESPONDENTS :

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THE VICE CHANCELLOR, KANNUR UNIVERSITY,

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CIVIL STATION P.O., KANNUR – 670 002.

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THE KANNUR UNIVERSITY, CIVIL STATION P.O., KANNUR-670 002, REPRESENTED BY ITS REGISTRAR.

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BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL

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RESPONDENT/PETITIONER :

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FR. JOSEPH ANTONY THEKKEMURIYIL, CHAIRMAN, ST. JUDE'S EDUCATIONAL & CHARITABLE TRUST, VELLARIKUNDU P.O., KASARAGOD DISTRICT – 671 533.

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BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.GEORGE MECHERIL

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04-08-2017, ALONG WITH WA. 1539/2017, WA. 1540/2017, WA. 1568/2017, WA. 1579/2017, WA. 1587/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Navaniti Prasad Singh, C.J. & Raja Vijayaraghavan V., J.

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W.A. Nos. 1582, 1539, 1540, 1568, 1579 and 1587 of 2017

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- - - - Dated this the 4^th day of August, 2017

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JUDGMENT

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Navaniti Prasad Singh, C.J.

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All these six appeals relate to two Colleges namely, St.Jude's Arts and Science College, Vellarikundu, Kasargode District and St.Mary's Arts and Science College, Cherupanathady, Rajapuram, Kasargode District and the actions of the Kannur University in regard to renewal of their provisional affiliation.

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We would briefly indicate the facts of St. Jude's College. Pursuant to the applications made by them, they were granted provisional affiliation for the year 2016-17. However, some deficiencies were pointed out pursuant to an inspection which was conducted. Now the issue is with regard to affiliation for the year 2017-18. First we would like to note that they were not made a part of the Common Admission Process (for short 'CAP') for the year 2017-18, which process has been completed. They had stated to the University that they would be meeting the

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WA No.1582 of 2017 & conn. Cases

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-:2:-

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standards in a short course of time. It is reported that yesterday (03.08.2017) an inspection of their premises was carried out and a report would be submitted to the Syndicate of the University, which is to meet tomorrow (05.08.2017). The Syndicate would take a decision.

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However, we may clarify as an interim measure that in case the Syndicate decides that the facilities are inadequate necessitating refusal of affiliation, they would seek an explanation from the College after disclosing the inspection report and they would fix a time frame for removing those deficiencies. But, as the initial affiliation was granted for the year 2016-17 and as students were admitted based on the same and further, as the facilities have been improved, it would be proper that while fixing a time bound programme for making up the deficiencies, if any, affiliation for the year 2017-18 be granted conditionally. If deficiencies are not made up within the time frame as prescribed, then in terms of Statute 14 of Chapter V of University First Statute, conditional affiliation could be cancelled or suspended. Let the University act accordingly subject to further orders of this Court.

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WA No.1582 of 2017 & conn. Cases

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-:3:-

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So far as St.Mary's Arts and Science College is concerned, conditional affiliation was granted for the year 201617 and there was an undertaking by the management that they would complete the infrastructure facilities within two years from December 2015 i.e. by December, 2017. It is submitted by the learned Senior Counsel, that the infrastructural facilities will be completed and made ready within the said period. In view of the above, the affiliation for the year 2017-18 will be issued as a matter of course. Accordingly, for the period 2017-18, the conditional affiliation would be granted but it shall be in terms of Chapter V of the University First Statute. If, by then, the infrastructure facilities are not made up adequately, the University would have the authority to suspend or cancel the affiliation in terms of Statute 14 of Chapter V of University First Statute.

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Needless to say that, once in terms of our order, conditional affiliation is granted for the academic year 2017-18, the College would be entitled to take direct admissions as CAP is already over. In both the cases, once it is found that the basic

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WA No.1582 of 2017 & conn. Cases

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infrastructure facilities are in place, then affiliation would be a permanent affiliation.

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Considering that it is a matter of academics and noticing the future of the students who have already been admitted, the University shall expedite the grant of conditional affiliation so that students do not suffer. If the University wants to make allotment

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of students to the extent they are entitled to, let the University do so within two weeks.

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Accordingly, these appeals are disposed of.

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Sd/- Navaniti Prasad Singh, Chief Justice

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Sd/- Raja Vijayaraghavan V., Judge

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ttb/05/08

The Vice Chancellor, Kannur University v. Fr. Joseph Antony

Case brief

What is this about?

What did the court decide?

The Vice Chancellor, Kannur University v. Fr. Joseph Antony

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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