Sharaf Arts and Science College, Padne v. State of Kerala

Kerala HC7 Sept 2018WP(C)/24401/2018

Case brief

AI extract

What is this about?

This Court disposed of the writ petition regarding denied admissions for 2018-19 academic year. While acknowledging on-going disputes over managership, the Court directed the University to permit admissions via the Principal acting on directions of the educational agency approved by the University, subject to Civil Court orders. Fees must be kept separate until the agency appropriates them.

What did the court decide?

Directs the Principal to admit students keeping fees separate and appropriate them only as directed by the educational agency approved by the University pending Civil Court orders.

Sharaf Arts and Science College, Padne Vs State of… — Education and Admissions | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY ,THE 07TH DAY OF SEPTEMBER 2018 / 16TH BHADRA, 1940

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WP(C).No. 24401 of 2018

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PETITIONER/S:

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SHARAF ARTS AND SCIENCE COLLEGE, PADNE POST KAITHAKKAD, VIA CHERUVATHOOR,KASARAGOD DISTRICT RESPONDENT BY ITS MANAGER, S.C.MAHMOOD HAJEE, S/O. ABDULLA.

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BY ADV. SRI. KODOTH SREEDHARAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION,GOVT. SECRETARIATE, THIRUVANANTHAPURAM -695 001.

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2 THE VICE CHANCELLOR KANNUR UNIVERSITY, KANNUR – 670001

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3 KANNUR UNVIERSITY REPRESENTED BY ITS REGISTRAR, KANNUR - 670001

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4 THE PRESIDENT SHARAF ARTS SCIENCE COLLEGE COMMITTEE CHOKKIKANDAM, POST PADNE, KASARAGOD DISTRICT – 671312.

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5. V.GANGADHARAN, AGED 64 YEARS, S/O.LATE M.V.RAMAN, PRINCIPAL, SHARAF ARTS AND SCIENCE COLLEGE,PADANE, KASARAGOD DISTRICT.

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***(ADDL.5TH RESPONDENT STANDS IMPLEADED VIDE ORDER ON I.A.NO.1/2018 DATED 07.09.2018 IS INCORPORATED VIDE ORDER DATED 23.10.2018) BY ADVS. SRI. AJEESH S.BRITE SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY SRI.P.K.RAVISANKAR SRI.M.SASINDRAN SC KANNUR UNIVERSITY**

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OTHER PRESENT:

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NISHA BOSE GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.C.24401/18

JUDGMENT

This writ petition was filed by the Sharaf Arts and Science College represented by its Manager, S.C.Muhamood Hajee, challenging Ext.P12 communication of University, not to admit students for Under Graduate and Post Graduate Programmes in Sharaf Arts and Science College for the academic year 2018-19 in view of the ongoing disputes regarding the Managership. This Court on 26.07.2018 passed the following order:

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“This interim order is issued taking note of the on-going admission process to the affiliated colleges under the Kannur University, even though, centralized allotment is closed. But the learned Standing Counsel for the University states that it is still possible to admit students. According to the University, the fourth respondent is a recognized educational agency. The petitioner claims that the petitioner is the recognized manager. I am not entering into the controversy as above now, for the simple reason that what is to be considered by the court is only about the admission of students to the Sharaf Arts and Science College and not about the inter se dispute between the petitioner and the fourth respondent. The University shall make admission

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W.P.C.24401/18

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to the entire seats in the college to all the programmes conducted by the college having affiliation with the University. The Principal shall admit students and keep the admission fee and any other fee collected in a separate account and appropriation of any amount will be subject to further orders from this Court. It is made clear that the Principal shall not appropriate this amount without orders from this Court. This order is passed without prejudice to the contentions of the parties in regard to the right of the manager ship.”

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2. Based on the above interim order students were admitted to the various programmes by University. The allotment were made by the University and Principal had admitted students to the college.

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3. University in fact, had approved educational agency of Sharaf Arts and Science College, Padne. This was the subject matter of challenge in another writ petition No.32293 of 2015. Ext.P6 is the order of the University. There was a challenge against that order in W.P.(C)32293 of 2015. The learned single Judge did not interfered with that order and directed parties to work out their disputes through Civil Court. Thereupon,

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petitioner herein filed W.A.No.1065 of 2018. The Division Bench also dis not interfered with the matter.

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W.P.C.24401/18

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In such scenario, this Court is of the view that subject to any orders to be passed by the Civil Court, the Principal shall act upon such directions being issued by the Educational agency approved by the University. The fees collected by the Principal can only be appropriated in accordance with the directions of such Educational agency.

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With the above directions, this writ petition is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

W.P.C.24401/18

APPENDIX

PETITIONER'S EXHIBITS :

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EXT.P1 : COPY OF THE ADDITIONAL AFFILIATION APPLICATION DT.26.12.2003 TO THE UNIVERSITY.

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EXT.P1(a) : COPY OF THE INTIMATION DT.25.11.2006.
EXT.P1(b) : COPY OF THE INTIMATION DT.24.11.2008.
EXT.P2 : COPY OF THE ORDER DATED 01.06.2018 ISSUED BY THE KANNUR UNIVERSITY
EXT.P3 : COPY OF THE LETTER DATED 11.6.2018 ALONG WITH THE AFFIDAVIT.
EXT.P4 : COPY OF THE ORDER N I.A.NO.2440/2008 AND IA NO.3536/2008 IN OS. NO.241/2008 DATED 27.11.2008.
EXT.P5 : COPY OF THE ORDER IN I.A.NO.2979/2006 IN OS NO.329/2006 DATED 10.01.2009.
EXT.P6 : COPY OF THE ORDER OF THE UNIVERSITY DT.20.10.2015.
EXT.P7 : COPY OF THE INTERIM ORDER IN W.P.(C) NO.32293/2015 DATED.21.10.2015.
EXT.P8 : COPY OF THE JUDGMENT IN W.P.(C) NO.32293/2015 DT.11.12.2017 BY THIS HON'BLE COURT.
EXT.P9 : COPY OF THE JUDGMENT IN W.P.NO.20750/2018 DATED 29.06.2018 BY THIS HON'BLE COURT.
EXT.P10 : COPY OF THE JUDGMENT IN W.A.NO.1409/2018 DATED 13.07.2018 BY THIS HON'BLE COURT.
EXT.P11 : COPY OF THE PAPER PUBLICATION DATED 20.06.2018 IN MATHRUBHUMI DAILY.
EXT.P11(a) : COPY OF THE PAPER PUBLICATION DATED 22.06.2018 IN MALAYALA MANORAMA DAILY.
EXT.P12 : COPY OF THE COMMUNICATION DATED 22.06.2018 ISSUED BY THE UNIVERSITY.
EXT.P13 : COPY OF THE INTERIM ORDER IN W.P.C.NO.15736/2017 DT.22.05.2017.
RESPONDENT'S EXHIBITS : NIL

Sharaf Arts and Science College, Padne v. State of Kerala

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Sharaf Arts and Science College, Padne v. State of Kerala

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