- (1.) Leave granted.
(2.) The High court of Kerala was approached by Respondent I, Shri Vidyadhiraja Charitable Society, making a grievance about the actions taken to give affiliation by the three Universities in the State, namely, the Kerala University, the Mahatma Gandhi University and the Calicut University, to some new colleges without following the statutory requirements stipulated by Section 56 of the Kerala University Act, 1957 and Ch. 24 of the Kerala University First Statutes, 1977. The learned Single Judge of the High court before whom the matters came in the first instance dealt only with the interlocutory prayer made, which was to restrain the three Universities from giving the proposed affiliation. By order dated 27/9/1994, the learned Single Judge issued an interim direction to the respondents before him not to sanction any new college or grant affiliation to any college which had not complied with the statutory provisions holding the field. Appeals were filed before a division bench of the High court against the interlocutory order. The bench dealt with the appeals and also with a reference made by a Single Judge in some other proceedings. By the impugned judgment, the bench has dismissed the appeals as well as the original application. The present appeals are by the State of Kerala.
(3.) As the subject-matter before the High court was relating to academic year 1994-95 which is coming to close soon, we have not felt it necessary to examine the merits of the controversy. Having heard learned counsel for the parties, we are of the view that requirement of law and interest of justice, as well as the larger interest of the society, would be met by directing as follows: (1 The colleges, in respect of which any of the three Universities has followed the procedure relating to affiliation as required by the statutory provisions noted above, would be granted affiliation for the academic year 1995-96 or for such other period, permitted by law. If the applications in question were processed by all concerned in accordance with law and if any further procedure is required to be followed, the same would be done in accordance with law before granting affiliation as aforesaid. (2 No college whose name finds place in Appendix 'a' to Exh. P-l would be granted affiliation, if in relation to it, the University concerned had not sent its recommendation to the State government. (3 The statutory authority concerned would not be required to take those procedural steps, qua the college (s) whose name (s) had been recommended by any of the three Universities, if the procedure adopted had been in accordance with law.;