Judgment
2025:KER:28965 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 42468 OF 2024 PETITIONER:
THE PRINCIPAL, MOSC INSTITUTE OF ALLIED HEALTH SCIENCES, KOLENCHERRY, ERNAKULAM DISTRICT, PIN – 682311.
BY ADVS.
TONY GEORGE KANNANTHANAM THOMAS GEORGE BIBIN B. THOMAS RESPONDENTS:
KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O. TRICHUR DISTRICT, PIN – 680596.
BY ADVS.
SRI.BINNY THOMAS SRI.P.SREEKUMAR (SR.)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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2025:KER:28965 J U D G M E N T Dated this the 3rd day of April, 2025 The petitioner, Principal of MOSC Institute of Allied Health Sciences, Kolencherry, has approached this Court seeking to quash Ext.P3, by which the University insisted on an undertaking to pay GST, along with interest / penal interest, as a condition for grant of continuation of affiliation.
2.
When this writ petition came up for hearing today, Counsel for the petitioner brought to the notice of this Court, a Statement dated 15.03.2025, filed by the Standing Counsel for the University, wherein it has been stated that the Governing Council of the University has resolved to withdraw the decision of insisting an affidavit on GST from the affiliated Colleges for granting Provisional Affiliation / Continuation of Provisional Affiliation. Paragraph No.5 of the Statement reads as follows:-
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2025:KER:28965 5. It is submitted that the Finance Committee at its 67th meeting held on 21.12.2024 resolved to ratify the action of the Hon'ble Vice Chancellor and for subsequent placement before the Governing Council. In continuation of the above, the Governing Council as Agenda No.82.78 has resolved to ratify the action of the Vice Chancellor in having granted permission to implement the applicability of GST at 18% on the service of affiliation provided by the University to College with effect from 11.10.2024.
Further, the Governing Council also resolved to withdraw the decision of insisting an affidavit on GST from the affiliated Colleges for granting Provisional Affiliation / Continuation of Provisional Affiliation. A true copy of the proceedings of the Agenda 82.78 of the Governing Council is produced herewith and marked as Annexure R2(a).
In view of the Statement made on behalf of the University, the relief sought for by the petitioner stands substantially met. In the circumstances, the writ petition is disposed of recording the Statement made by the University. All legal questions raised in the writ petition are left open.
Sd/- N. NAGARESH JUDGE ams
W.P.(C)No.42468 of 2024 :4:
2025:KER:28965 APPENDIX OF WP(C) 42468/2024 PETITIONER EXHIBITS Exhibit.P1 TRUE COPY OF THE ORDER U.O.NO.336/ 2024/ACADEMIC / KUHS DATED 15-3-2024 Exhibit.P2 TRUE COPY OF THE E.MAIL DATED 2-5-2024 BY THE RESPONDENT TO THE PETITIONER Exhibit.P3 TRUE
COPY
OF
U.O.NO.
927/2024/ACADEMIC/KUHS DATED 29-8-2024 ISSUED BY THE RESPONDENT Exhibit.P4 TRUE COPY OF THE NOTIFICATION NO.2035/ AC-H/2015/KUHS DATED 24-2-2020, ALONG WITH THE AMENDED CHAPTER XXI OF THE FIRST STATUTES Exhibit.P5 TRUE COPY OF THE INTERIM ORDER DATED 17-10-2024 IN W.P(C) NO.31082/ 2024 OF THIS HON. COURT Exhibit.P6 TRUE COPY OF THE INTERIM ORDER DATED 20-11-2024 IN W.P(C)NO. 40995/24 OF THIS HON.COURT.