Kerala Veterinary and Animal Science University Represented by its Registrar, Lakkidi P. O. v. Sarathi Institute of Veterinary and Animal Science (Sivas) A Unit of Sarathi Academic Foundation of Excellence (Safe)
2017-08-17
NAVANITI PRASAD SINGH, RAJA VIJAYARAGHAVAN V.
body2017
DigiLaw.ai
JUDGMENT : NAVANITI PRASAD SINGH, J. 1. We have heard learned counsel for the University and learned counsel for the writ petitioner/1st respondent and with their consent we are disposing of this appeal at this stage itself. 2. The 1st respondent had applied and was granted provisional affiliation by the appellant, Kerala Veterinary and Animal Science University. It then sought renewal/extension of affiliation, which was refused. Hence, this writ petition. 3. The learned Single Judge noted that there was no ground or no cause for non-renewal of affiliation. Holding so, the Writ Petition was allowed and the appellants were directed to renew the affiliation. It is submitted on behalf of the University that it has been the Government Policy not to grant or renew affiliations of self-financing Colleges. Regrettably, no such policy was brought on record in the writ proceedings, nor have they been brought on record in this intra court appeal. 4. Before us, the first issue would be why there is a grant of adhoc or temporary affiliation, unless there are some curable defects which need to be cured within a time bound manner. Otherwise, if there are no defects or deficiency, it would be unreasonable and unjust to grant adhoc or temporary affiliation. If conditions have been fulfilled, then, such institutions are entitled to a permanent affiliation straight away. Further, affiliation cannot be on year to year basis, meaning thereby, that every year the College has to go and plead with the University for renewing the affiliation for another year. As we have noted above, there can be a conditional affiliation where defects or deficiencies are to be made up. But once they are carried out, the affiliation has to be permanent. The right to grant affiliation cannot be used to turn an institution into a milk cow. That would be an abuse of the authority. The University always has the authority to cancel affiliation, if it finds that the College is not complying with the Rules and Regulations of an affiliated College. Thus, granting affiliation only for one year is not fair or proper. 5. Then we come to the so called policy of the Government, which as noted above, has not been brought on record. To say that no fresh institution be affiliated is one thing. To say that affiliation already granted should not be renewed is totally another.
Thus, granting affiliation only for one year is not fair or proper. 5. Then we come to the so called policy of the Government, which as noted above, has not been brought on record. To say that no fresh institution be affiliated is one thing. To say that affiliation already granted should not be renewed is totally another. For the latter, an institution has made huge investments and employed teachers and staff and more importantly have admitted students. All that cannot be left at the whims and caprices of the University or the Government for it is now beyond the pale of doubt that setting up of educational institutions is occupation within the meaning of Article 19(1)(g) of the Constitution of India and is a part of fundamental right. The fundamental right cannot be wished away in such a manner on the basis of an alleged policy decision of the Government. We, therefore, find no error in the judgment of the learned Single Judge. This appeal is consequently dismissed.