Decided on July 21,2017

Palakkunathu Foundation Appellant


Shaji P. Chaly, J. - (1.) The 1st petitioner is an Educational Agency and the 2 nd petitioner is its Chairman and Managing Trustee. The Agency proposes to start a new Arts and Science College in Punalur, coming within the jurisdiction of the Kerala University. Material facts for the disposal of the writ petition are as follows:
(2.) The 1st petitioner submitted an application for affiliation of a new College at Punalur in August, 2015, with the intention of starting the college from the academic year 2016- 17 onwards. According to the petitioners, along with the application, all relevant documents in accordance with the provisions of the University Act and Statutes were provided. After verifying the documents, the University returned the originals, evident from Ext.P1. Thereafter, as per Ext.P2 letter dated 20.04.2016, 2 nd petitioner was directed to remit a sum of Rs.10,000/- as inspection fees to conduct the inspection with respect to the facilities provided by the college. The said payment was effected. Thereafter, on enquiry, petitioners were told that they have to pay a further sum of Rs.2,000/- as "application fee" for grant of NOC to the institution and a further sum of Rs.1,00,000/- as "inspection fee" for grant of NOC. Accordingly, the said payments were made, evident from Exts.P3 and P3(a) respectively.
(3.) That apart, it is stated that, consequent to the developments so taken place, petitioners were under the bonafide impression that the same were required formalities. However, on the very same day, without any further inspection, the University issued a "Letter of Consent", evident from Ext.P4 dated 05.07.2016. Matters being so, since the petitioners were under an impression that to establish a new college, the letter of consent of the State Government is required, approached the Government for the same. Since nothing took place, petitioners have approached this Court, and an interim order was secured, whereby the University was directed to grant affiliation, evident from Ext.P5.;

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