Sanchayita Lahkar

The High Court of Kerala Single Bench of Justice Dinesh Kumar Singh allowed a writ petition challenging the decision of Kannur University to recognize a different educational agency as the owner of a college, setting aside the University’s impugned order on the grounds that it lacked jurisdiction. The Court held that a quasi-judicial authority such as the University cannot review its own earlier orders unless expressly empowered to do so under the relevant statute. The judgment stated that the impugned act of the University was undertaken "without jurisdiction and therefore, void." The Court directed that the ownership of the college shall remain with the petitioner committee as per the earlier valid order issued in 2015. The decision concludes an extended litigation over the recognition of the educational agency running Sharaf Arts and Science College, Padne, and nullifies the 2024 Syndicate resolution and communication which transferred ownership to another organization.

The petitioner, Sharaf Arts and Science College Committee, registered under the Societies Registration Act, 1860, on 11 October 2006, filed a writ petition challenging the decision of Kannur University communicated via Ext.P15 dated 5 July 2024. This decision recognized the 6th respondent, Khidmath Organisation of Padne, as the rightful owner of Sharaf Arts and Science College, Padne. The University’s order was based on a Syndicate resolution passed on 21 June 2024 and a legal opinion from its Standing Counsel.

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The dispute concerning the ownership and management of the College traces back to 2003 when the petitioner Committee claims to have purchased landed property through sale deeds documented as Nos. 1550, 1534, 1643, and 1644 of 2003 registered at SRO, Trikkarippur. The Committee further asserts that it has since then managed and operated the College affiliated to Kannur University.

However, on 25 November 2006, Kannur University addressed a communication to Mr. Mohammed Kunhi, stating that "as per the University records, the name of the educational agency of Sharaf Arts and Science College is Khidmath Organisation of Padanna." Upon discovering this communication, the petitioner contested the claim and demanded an enquiry. A two-member committee was subsequently constituted by the University, which after hearings and investigations, submitted its report to the Vice Chancellor.

Based on this report and legal opinion, the Vice Chancellor, through an order dated 20 October 2015, held that ownership of the College was vested with the petitioner Committee and not with Khidmath Organisation of Padanna. It was further ordered that the College's provisional affiliation be re-established under the petitioner Committee.

This order was challenged by Sharaf Arts and Science College, Padne, in W.P.(C) No.32293/2015. The writ petition was dismissed on 11 December 2017, with the Court holding that the matter involved complex civil disputes that were pending before the Munsiff’s Court, Hosdurg. The judgment noted that the presence of an injunction in favour of the 6th respondent did not prevent the University from passing administrative orders.

Subsequent legal proceedings include:

• Dismissal of W.A. No.1065/2018 by Division Bench on 17 August 2018

• Withdrawal of Review Petition No.336/2019 and SLP(C) No.29773/2019

• Dismissal of W.P.(C) No.36440/2018 by Single Judge on 23 January 2019, with liberty granted to the 6th respondent to pursue civil remedies

• Dismissal of W.P.(C) No.20750/2018 and W.A. No.1409/2018 regarding university admissions and agency recognition

• Dismissal of Chancellor’s appeal under Section 7(3) of the Kannur University Act on 13 March 2019

• Dismissal of review petition before the University via order dated 21 June 2020

Despite the sequence of judicial setbacks, the 6th respondent again moved the University in 2024, prompting the Syndicate to resolve that ownership should lie with the Khidmath Organisation. This was formalized via Ext.P15, the order under challenge.

The Court addressed two key questions:

(i) whether the University could review its earlier orders of 20 October 2015 and 21 June 2020

(ii) whether the fresh order of 5 July 2024 was illegal and beyond jurisdiction

Justice Singh recorded, "It is well-settled law that the statutory body or authority does not have the power of review unless the power is vested by a Statute in the authority to review its earlier order." He further observed, "The University has acted as an appellate forum against the judgment passed by this Court... and has reviewed its own order dated 20.10.2015."

Regarding the pending civil litigation, the Court stated, "This Court as well as the Chancellor in their judgments and orders have taken the view that unless the issues are decided by the civil court, no interference was called for with the decision of the University recognising the petitioner as an educational agency of the Sharaf Arts and Science College."

Referring to the general principle of administrative law, the Court stated, "A quasi-judicial authority cannot review its own order, unless the power of review is expressly conferred on it by the Statute under which it derives its jurisdiction."

Citing Dr. Kuntesh Gupta v. Management of Hindu Kanya Mahavidyalaya, Sitapur (U.P.), (1987) 4 SCC 525, the Court quoted: "The Vice-Chancellor in considering the question of approval of an order of dismissal of the Principal, acts as a quasi-judicial authority... In the circumstances, it must be held that the Vice-Chancellor acted wholly without jurisdiction in reviewing her order."

The Court also referred to the Full Bench decision of Allahabad High Court in Smt. Shivraji v. Deputy Director of Consolidation, Allahabad, which held: "The consolidation authorities... cannot reopen any proceeding and cannot review or revise his earlier order. However... he has the power to correct any clerical mistake/arithmetical error, manifest error..."

On these principles, the Court recorded: "Such a power can be vested in the authority only by the provisions of law and not otherwise."

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The Court found that there was no legal provision under the Kannur University Act or the applicable statutes that conferred the power of review upon the University in the manner exercised. Justice D. K. Singh concluded: "As the University does not have the power under the Act and the Statute made thereunder, the impugned order in Ext.P15 is illegal and without jurisdiction, and the same is set aside."

Accordingly, the writ petition was allowed, and the University’s communication recognizing the 6th respondent as the owner and educational agency of Sharaf Arts and Science College was quashed. All interim applications were closed with no order as to costs.

Advocates Representing the Parties:

For the Petitioners: Mr. S. Sreekumar, Senior Advocate, assisted by Mr. P. K. Ravisankar, Advocate

For the Respondents: Mr. V. Venugopal, Government Pleader; Mr. I. V. Pramod, Standing Counsel for Kannur University; Mr. Kurian George Kannanthanam, Senior Advocate assisted by Mr. P. M. Saneer; Mr. P. Ravindran, Senior Advocate assisted by Mr. Suresh Kumar Kodoth

Case Title: Sharaf Arts and Science College Committee v. State of Kerala & Ors.

Neutral Citation: 2025: KER:52453

Case Number: WP(C) No. 24503 of 2024

Bench: Justice Dinesh Kumar Singh