{"id":355354,"date":"2025-08-02T09:30:24","date_gmt":"2025-08-02T04:00:24","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=355354"},"modified":"2025-08-04T17:28:31","modified_gmt":"2025-08-04T11:58:31","slug":"kerala-hc-quashes-kannur-university-order-college-ownership-review","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/08\/02\/kerala-hc-quashes-kannur-university-order-college-ownership-review\/","title":{"rendered":"\u2018Quasi-judicial authority lacks inherent power to review own orders\u2019; Kerala HC quashes Kannur University order reviewing college ownership"},"content":{"rendered":"
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Kerala High Court:<\/span> In a writ petition filed by the Sharaf Arts and Science College Committee (\u2018the Committee\u2019), challenging the decision of Kannur University, based on the legal opinion of the University\u2019s Standing Counsel and the resolution passed at the Syndicate meeting held on 21-06-2024, whereby ownership of Sharaf Arts and Science College, Padne, was declared to vest with the \u2018Khidmath Organisation of Padne\u2019, a Single Judge Bench of DK Singh, J., quashed the impugned order. The Court held that Kannur University had unlawfully reviewed its own earlier decision and improperly transferred ownership from the Sharaf Arts and Science College Committee to the ‘Khidmath Organisation of Padne.<\/p>\n

The Court further emphasised that a quasi-judicial authority does not possess an inherent power to review its own orders; such power must be expressly conferred by the statute under which the authority operates. Any exercise of review power without such statutory backing is ultra vires and void for want of jurisdiction.<\/p>\n

Background<\/h3>\n

The Committee filed a writ petition challenging the decision of Kannur University. The decision was based on legal opinion from the University’s Standing Counsel and a resolution passed in the Syndicate meeting held on 21-06-2024, wherein the ownership of Sharaf Arts and Science College, Padne, was declared to vest with the Khidmath Organisation of Padne.<\/p>\n

The case had a prolonged litigation history. The Committee, registered under the Societies Registration Act on 11-10-2006, had purchased several properties before its incorporation and claimed to own and manage the college. In 2006, Kannur University informed that according to university records, the educational agency was Khidmath Organisation. The Committee sought clarification, after which a two-member committee was constituted, ultimately recommending recognition of the Committee as the rightful agency.<\/p>\n

Acting on the recommendation, the Vice Chancellor issued an order on 20-10-2015 revising the name of the educational agency to Sharaf Arts and Science College Committee and reinstating its provisional affiliation. This decision was challenged, which was dismissed by the Single Judge on 11-12-2017, citing pending civil suits and holding that no relief could be granted at that stage. The decision was upheld by the Division Bench and subsequent review and Special Leave Petition were also dismissed or withdrawn.<\/p>\n

In related proceedings, the Khidmath Organisation\u2019s attempt to pay land tax was rejected by the District Collector, and their writ petition challenging the decision was also dismissed. The Court held that mutation entries did not establish ownership. Several other writ petitions filed by the Khidmath Organisation, and an appeal to the Chancellor, were also dismissed or withdrawn.<\/p>\n

Finally, despite the long-standing recognition of the Committee as the educational agency, the University Registrar, via order dated 05-07-2024, informed the Committee that the ownership of the college was deemed to vest with the Khidmath Organisation, prompting the present challenge.<\/p>\n

Issues<\/h3>\n