This court retained a writ petition filed against starting a new agricultural college, deciding not to examine merits and closing the file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 20TH DAY OF JANUARY 2020 / 30TH POUSHA, 1941
WP(C).No.31393 OF 2018(S)
PETITIONER:
MUHAMMED ANEES.M AGED 24 YEARS S/O ABOOBACKER,MADARI HOUSE, NELLIKKUTH PO,MALAPPURAM DISTRICT,
GENERAL SECRETARY,STUDENTS' UNION 2017-18,COLLEGE OF HORTICULTURE,VELLANIKKARA,THRISSUR
BY ADVS.
SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN
RESPONDENTS:
THE KERALA AGRICULTURAL UNIVERSITY,VELLANIKKARA,THRISSUR-680656.
THE KERALA AGRICULTURAL UNIVERSITY,RAJ BHAVAN,THIRUVANANTHAPURAM-695001.
6 INDIAN COUNCIL OF AGRICULTURAL RESEARCH KRISHI ANUSANDHAN BHAVAN-2 PUSA,NEW DELHI-110012.
WP(C).No.31393 OF 2018(S)
2
7 UNION OF INDIA, REP.BY ITS SECRETARY,MINISTRY OF AGRICULTURE,KRISHI BHAVAN,DR.RAJENDRA PRASAD ROAD,NEW DELHI-110001.
R1 & R2 BY ADV. ROBSON PAUL R3 BY SMT.M.U.VIJAYALAKSHMI, COUNSEL FOR THE CHANCELLOR OF UNIVERSITIES IN KERALA R3 BY ADV. K.JAJU BABU (SR.) R4-R5 BY SRI.K.V.SOHAN, STATE ATORNEY R6 BY ADV. T.C. KRISHNAN, STANDING COUNSEL R7 BY ADV. K.JAYESH MOHANKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.31393 OF 2018(S)
3
JUDGMENT
S.MANIKUMAR,CJ
Instant writ petition is filed by the appellant
against the starting of a new agricultural college. For brevity, prayer No.1 is extracted hereunder:
i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 5th respondent not to allot any students for B.Sc Agriculture at Ambalavayal College under respondents 1 and 2 for the academic year 2018-2019, without providing sufficient facilities as mandated by the 6th respondent as evidenced by Ext.P5.
respondent Nos.1 & 2 submitted that, the college was started functioning from 2019 onwards.
there is no need to go into the merits of this case and retain this writ petition. Accordingly the instant writ petition is closed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
smv
WP(C).No.31393 OF 2018(S)
4
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE ORDER DATED 14.6.2017 |
|---|---|
| ISSUED BY THE 1ST RESPONDENT CONSTITUTING THE COMMITTEE |
|
| EXHIBIT P2 | TRUE COPY OF THE RELEVANT PAGES OF THE ISSUE DISCUSSED IN THE AGENDA ON 25.11.2017. |
| EXHIBIT P2 A | ENGLISH TRANSLATION OF EXT.P2 |
| EXHIBIT P3 | TRUE COPY OF THE MINUTES DATED 27.10.2017 OF THE SUB COMMITTEE |
| EXHIBIT P4 | TRUE COPY OF THE RELEVANT PAGES OF 131ST GENERAL COUNCIL DECISION |
| EXHIBIT P4 A | ENGLISH TRANSLATION OF EXT.P4 |
| EXHIBIT P5 | TRUE COPY OF THE RELEVANT PAGES OF THE MINIMUM REQUIREMENT FOR ESTABLISHMENT OF NEW COLLEGE IN AGRICULTURE AND ALLIED DISCIPLINES. |
| EXHIBIT P6 | TRUE COPY OF THE RELEVANT PAGES OF THE GENERAL COUNCIL DECISION DATED 27.7.2018. |
| EXHIBIT P6 A | ENGLISH TRANSLATION OF EXT.P6 |
| EXHIBIT P7 | TRUE COPY OF THE PAPER NEWS THAT APPEARED ON DESHABHIMANI DAILY DATED 14.9.2018. |
| EXHIBIT P7 A | ENGLISH TRANSLATION OF EXT.P7 |
| EXHIBIT P8 T | TRUE COPY OF THE LETTER DATED 18.7.2018 ISSUED BY THE DEPUTY SECRETARY TO GOVERNMENT OF INDIA,MINISTRY OF HUMAN RESOURCES DEVELOPMENT DEPARTMENT OF HIGHER EDUCATION |
| EXHIBIT P9 RESPONDENTS' EXHIBITS EXHIBIT R1(a) |
TRUE COPY OF THE LETTER DATED 19.7.2018 ISSUED BY THE UNIVERSITY GRANTS COMMISSION. PHOTOGRAPHS OF SOME OF THE FACILITIES |
| EXHIBIT R1(b) | LIST OF COURSES |
Muhammed Anees.M
The Kerala Agricultural University
The Vice Chancellor, The Kerala Agricultural University
The Chancellor, The Kerala Agricultural University
The State of Kerala
Commissioner of Entrance Examination
S.Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
