The Principal vs. Kerala University Of Health Sciences

WP(C)/42468/2024HC KeralaGSTCNR KLHC01159537202403 April 2025Bench: HONOURABLE MR.JUSTICE N.NAGARESH4 pages
For Petitioner: TONY GEORGE KANNANTHANAM, THOMAS GEORGE, BIBIN B. THOMASFor Respondent: SRI.BINNY THOMAS, SRI.P.SREEKUMAR (SR.)
AI SummaryAllowed

Held

The University informed the Court that its Governing Council had resolved to withdraw the decision of insisting on a GST affidavit from affiliated colleges for provisional or continuation of provisional affiliation. The Court recorded this statement, finding the petitioner's relief substantially met, and disposed of the writ petition, leaving all legal questions open.

Facts

The Principal of MOSC Institute of Allied Health Sciences challenged an order (Ext.P3) from the Kerala University of Health Sciences that required an undertaking to pay GST, along with interest/penal interest, as a condition for granting continuation of affiliation.

Key Issues

The key legal issue was the validity of the University's condition requiring affiliated colleges to furnish an undertaking to pay GST as a prerequisite for continuation of affiliation.

AI-generated summary — verify with the full judgment below

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:

W.P.(C)No.42468 of 2024 :2: 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,

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.