Dismissed

T.V. Sukumaran Memorial Education Society v. State of Kerala

Kerala HC22 Mar 2022WP(C)/4724/2022

Case brief

AI extract

What is this about?

In a writ petition seeking certiorari and mandamus regarding college affiliation objections, the single judge closed the petition after the government pleader noted no objection was issued per a 2022 instruction, vindicating the petitioner's grievance.

What did the court decide?

The writ petition is ordered to be closed with liberty to revive in case something survives.

T.V. Sukumaran Memorial Education Society Vs State… — Education and Admissions | Kerala HC (2022)

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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 AMIT RAWAL

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TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944

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WP(C) NO. 4724 OF 2022

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PETITIONER:

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T.V. SUKUMARAN MEMORIAL EDUCATION SOCIETY
REPRESENTED BY ITS SECRETARY, ERANHOLI,
KONDOOMALA, P.O.WEST PONNIYAM,
THALASSERI, KANNUR - 670 641.

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BY ADVS.
R.T.PRADEEP
M.BINDUDAS
K.C.HARISH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 KANNUR UNIVERSITY REPRESENTED BY ITS REGISTRAR, THAVAKARA, CIVIL STATION, KANNUR - 670 002.

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4 REGISTRAR

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KANNUR UNIVERSITY, THAVAKARA CIVIL STATION,
KANNUR - 670 002.

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SRI.JIMMY GEORGE – GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4724 OF 2022

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JUDGMENT

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The petitioner has approached this court with the following prayers:

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“i. To issue a writ of certiorari or any other appropriate writ order or direction calling upon the records pertaining to Exhibits-P14 & P15 to the extent of declining no objection for the affiliation of the college as recommended by the University.

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ii. To issue a writ of mandamus or any other appropriate writ order or direction to respondents 3 & 4 to consider Exhibit-P8 application for affiliation of the college of petitioner dehors Exhibit-P-14 and Exhibit-P-15 so as to commence the functioning of the college for the academic year 2022-2023 within such time fixed by this Hon’ble Court.”

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Sri.Jimmy George, learned Government Pleader submits

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that as per the instruction, vide order dated 09.03.2022, no

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WP(C) NO. 4724 OF 2022

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objection has been issued for starting Unaided Arts and Science Colleges. In this view of the matter, I am of the view that grievance of the petitioner stands vindicated. The writ petition is ordered to be closed with liberty to revive in case something survives.

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Sd/AMIT RAWAL JUDGE

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nak

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WP(C) NO. 4724 OF 2022

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APPENDIX OF WP(C) 4724/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF THE SOCIETY DATED
27/7/1994.
Exhibit P2TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 20/8/2019 IN THE NAME OF SOCIETY
WHICH IS ISSUED FROM EARANHOLI VILLAGE
OFFICE.
Exhibit P3TRUE COPY OF THE APPLICATION FOR
AFFILIATION DATED 24/8/2017 BY
PETITIONER.
Exhibit P4TRUE COPY OF THE COMMUNICATION DATED
27/9/2017 REJECTING THE APPLICATION FOR
AFFILIATION BY 4TH RESPONDENT.
Exhibit P5TRUE COPY OF THE APPLICATION FOR
AFFILIATION DATED 12/6/2019 BY
PETITIONER.
Exhibit P6TRUE COPY OF THE COMMUNICATION DATED
29/6/2019 REJECTING EXHIBIT P5
APPLICATION FOR AFFILIATION BY 4TH
RESPONDENT.
Exhibit P7TRUE COPY OF THE NOTIFICATION DATED
1/08/2019 INVITING APPLICATION FOR
AFFILIATION OF ARTS AND SCIENCE COLLEGES
FOR THE ACADEMIC YEAR 2020-21.
Exhibit P8TRUE COPY OF APPLICATION FOR AFFILIATION
DATED 21/08/2019 BEFORE 4TH RESPONDENT.
Exhibit P9TRUE COPY OF COMMUNICATION DATED
16/10/2020 BY 4TH RESPONDENT TO THE
PETITIONER AS REGARD THE RECOMMENDATION

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WP(C) NO. 4724 OF 2022

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MADE TO THE GOVERNMENT TO ASCERTAIN ITS
VIEWS.
Exhibit P10TRUE COPY OF COMMUNICATION DATED
13/08/2021 POINTING OUT THE DEFECTS IN
THE APPLICATION BY 3RD RESPONDENT.

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Exhibit P11TRUE COPY OF COMMUNICATION DATED
2/09/2021 FROM PETITIONER TO 3RD
RESPONDENT INFORMING THE DEFECTS CURED.
Exhibit P12TRUE COPY OF GO (MS) NO.299/2020/H.EDN.
DATED 20/8/2020.
Exhibit P13TRUE COPY OF JUDGMENT DATED 28/5/2021 IN
WPC NO.28874/2020.
Exhibit P14TRUE COPY OF GO(MS) NO.11/2021 DATED
12/01/2021 OF HIGHER EDUCATION DEPARTMENT
DECLINING NO-OBJECTION TO THE COLLEGE OF
PETITIONER.
Exhibit P15TRUE COPY OF COMMUNICATION DATED
06/12/2021 FROM UNIVERSITY TO PETITIONER
APPENDED WITH COPY OF LETTER OF
GOVERNMENT DATED 02/11/2021.
Exhibit P16TRUE COPY OF COMMUNICATION DATED 2/2/2022
AS REGARD THE FORWARDING THE COLLEGE OF
PETITIONER FOR NO OBJECTION FROM
GOVERNMENT.

T.V. Sukumaran Memorial Education Society v. State of Kerala

Case brief

What is this about?

What did the court decide?

T.V. Sukumaran Memorial Education Society v. State of Kerala

Case brief

What is this about?

What did the court decide?

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