IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 OP.No. 12472 of 2001(I) ----------------------- PETITIONER: -------------------- PRADEEP K.P., SCHOOL OF LEGAL STUDIES, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN-22. BY ADV. SRI.N.DHARMADAN (SR.) SMT.D.P.RENU RESPONDENTS: ----------------------- 1. UNIVERSITY OF SCIENCE AND TECHNOLOGY, OFFICE OF THE COCHIN UNIVERSITY, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, REGISTRAR, COCHIN-22. 2. SRI.K.C. JOSEPH, CHAIRMAN, FINANCE COMMITTEE, COCHIN UNIVERSITY, COCHIN-22. 3. SYNDICATE OF COCHIN UNIVERSITY OF - SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS REGISTRAR, OFFICE OF THE COCHIN UNIVERSITY, COCHIN-22. 4. CHANCELLOR OF COCHIN UNIVERSITY OF - SCIENCE AND TECHNOLOGY, RAJ BHAVAN, THIRUVANANTHAPURAM. THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 12472 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2008. JUDGMENT H.L.DATTU, CJ, This Original Petition is filed in public interest against the alleged large scale misuse of University funds belonging to the students of the Cochin University of Science and Technology. 2. It is stated in the petition that the University has proposed to start a College of Engineering at Pulinkunnu in Kuttanad Taluk at the instance of one Sri.K.C.Joseph, a former Member of the Legislative Assembly and also a Member of the Syndicate. 3. It is stated in the petition that the fund collected from the students of the University by way of tuition fee has been utilised for the purpose of construction of an Engineering College. Therefore, a request was made in the petition to order a vigilance inquiry or in the alternative to order an inquiry by the Central Bureau of Investigation. After hearing the learned counsel for the petitioner, we are of the opinion that none of the reliefs can be granted by us at this stage. 4. It is not the case of the petitioner before this court that either the Vice Chancellor of the University or the former Member of Legislative Assembly or the Member of the Syndicate has misutilised the funds belonging to the University. It is the specific case of the petitioner even before us that at the instance of the former Member of the Legislative Assembly one Sri.K.C. Joseph, the University is intending to construct an Engineering College in the constituency, which belongs to the former MLA. In our view, if a Member of the Legislative Assembly takes O.P.12472/2001. 2 interest to start an Engineering College in his constituency from where he is elected, it cannot be said that he has misutilised the funds of the University. Secondly, in the petition filed there is no specific allegation of misuse of funds either by the Vice Chancellor of the University or the former MLA. The pleadings, in our opinion, is as bald as baldness could be. Unless the petitioner makes out a case for ordering the CBI investigation into the socalled alleged misuse of funds, on mere presumptions and assumptions we cannot be asking an investigating agency to investigate into the supposed alleged misuse of the funds of the University. In that view of the matter, we decline to entertain this writ petition. Accordingly, the writ petition requires to be rejected and it is rejected. Consequently, C.M.P. No.19872 of 2001 is also closed. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb. O.P.12472/2001. 3 H.L. DATTU, C.J. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 12472 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 12.03.2008.