Judgment:
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE31T DAY OF MARCH201410TH CHAITHRA, 1936 WP(C).No. 6229 of 2014 (C) --------------------------- PETITIONER(S): -------------------------- M/S. CHERUVATHOOR FOUNDATION CHERUVATHOOR HOUSE, KOTTOL, PAZHAJI PO TRICHUR DISTRICT680542. BY ADVS.SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM SRI.THOMAS GEORGE SRI.JIJI THOMAS RESPONDENT(S): ---------------------------- UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR, THENJIPPALAM MALAPPURAM DISTRICT673635. BY ADV. SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON3103-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6229 of 2014 (C) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED71/2014 OF THE COUNCIL OF ARCHITECTURE EXHIBIT P2 TRUE COPY OF THE SAMPLE FORMAT OF APPLICATION FORM FOR INTRUDUCTION OF5YEAR FULL TIME B.ARCH .DEGREE COURSE EXHIBIT P2(A) TRUE COPY OF DOUNCIL'S NORMS & REQUIREMENTS FOR IMPARTING FULL TIME5YEARS B.ARCH DEGREE COURSE ATAN INSTITUTION EXHIBIT P3 TRUE COPY OF CIRCULAR DATED110/2013 ISSUED FROM THE DY.REGISTRAR OF UNIVERSITY OF CALICUT EXHIBIT P4 TRUE COPY OF THE CIRCULAR DATED62/2014 ISSUED FROM THE ASST.REGISTRAR OF DO. EXHIBIT P5 TRUE COPY OF THE PRINT OUT SHOWING TITLE AND OWNERSHIP TO5ACRES OF LAND WITHIN2WEEKS EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED1312/2012 ISSUED BY THE UNIVERSITY GRANTS COMMISSION //True Copy// P.A. To Judge K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 6229 of 2014 - - - - - - - - - - - - - - - - Dated 31st March, 2014 - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT
The petitioner is a Foundation which intends to start a College of Architecture in Thrissur District. Petitioner has received a Letter of Intent (LOI) from the Council of Architecture which is produced as Ext.P1. Even as per the application for Undergraduate programme in Bachelor of Architecture, produced as Ext.P2, the minimum extent of ownership of land in which the proposed Institution has to come up, is 2 acres. The petitioner satisfies the above said condition; however on an application for No Objection certificate to the University, the university informed the Foundation by Ext.P5 that the University Regulations prescribe a minimum of 5 acres.
2. It is the submission of the learned WP(C).6229/14 2 Senior Counsel for the petitioner that the University has no Regulations as such and the University relies on the stipulation of the University Grants Commission (UGC) as has been published in the Gazette produced as Ext.P6. In the statement of the University also it has been specified that it is based on Ext.P6 that such a stipulation has been insisted upon by the University.
3. Ext.P6 shows that the undisputed ownership and possession of land having an extent of 7.5 acres is necessary in mega cities and 2 acres and 5 acres respectively, in metropolitan cities and other cities. Thrissur district not being a metropolitan city or a mega city, what is insisted by the University is that the Institution should have an extent of 5 acres for starting a college of Architecture.
4. The learned Senior counsel for the petitioner however, points out the UGC WP(C).6229/14 3 (Affiliation of College or Technical Education by Universities) Regulations, 2014 which prescribes ownership of only 2.50 acres of land for starting colleges with under graduate programmes in Architecture and Town Planning. In such circumstances, the petitioner shall prefer a representation before the Vice Chancellor of the respondent University pointing out the new Regulations and the notification by which the same has come into force. The Regulations as also the notification and the representation along with a certified copy of the judgment shall be produced before the Vice Chancellor and the Vice Chancellor shall take a decision within a period of three weeks from the date of receipt of the aforesaid documents. Writ petition disposed of. No order as to costs. SD/- K.VINOD CHANDRAN, Judge Mrcs