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2015 Supreme(Ker) 923
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. Asha, J.
Sree Dharma Paripalana Yogam and Ors. - Appellants
Vs.
State of Kerala and Ors. - Respondents
W.P.(C) No. 15593 of 2014
Decided On: 14.08.2015
Advocate Appeared:
For the Appellants: V. John Mani, Adv.
For the Respondents:K.A. Jaleel, Addl. Advocate General, Noushad Thottathil, Government Pleader and Joice George, SC
The main legal point established in the judgment is that the Government's decision to limit the number of self financing colleges in a district or to refuse NOC on the ground of deterioration in quality of legal education was arbitrary and not based on relevant considerations.
Headnote:
Arbitrary Decision - Self Financing Law College - Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 - Ext. P8 order - The court quashed the Ext. P8 order rejecting the application for NOC for starting a Self Financing Law College, stating that the decision taken by the Government is not on the basis of relevant considerations and is on considerations on matters which are irrelevant. The Government's decision to limit the number of self financing colleges to 2 in a district or to refuse NOC on the ground of deterioration in quality of legal education was termed arbitrary and baseless.
Fact of the Case:
Shree Dharma Paripalana Yogam, Palluruthy (SDPY) filed a writ petition challenging Ext. P8 order issued by the Government, rejecting their application for NOC for starting a Self Financing Law College. The Government's decision was based on the policy to consider only the applications from educational trusts from districts where no legal educational institutions exist and to sanction only up to two self Financing Law colleges in a district.
Finding of the Court:
The court found that the Government's decision was arbitrary and not based on relevant considerations. It held that the quality of legal education cannot be said to be a factor depending upon the number of educational institutions or availability of institutions in a particular district. The court also emphasized the statutory bodies responsible for monitoring the standard and quality of legal education.
Issues: The issues revolved around the arbitrary rejection of the application for NOC for starting a Self Financing Law College by the Government, based on the policy to limit the number of self financing colleges in a district and the assumption that it will affect the quality of legal education.
Ratio Decidendi: The court's decision was based on the finding that the Government's decision was not on the basis of relevant considerations and was arbitrary. It emphasized the statutory bodies responsible for monitoring the standard and quality of legal education and held that the Government cannot transgress its limit by entering upon the areas where there are competent authorities to guide.
Final Decision: The court quashed the Ext. P8 order and directed the Government to re-consider the matter in the correct perspective and to pass orders afresh treating the application of petitioners as one for NOC for the relevant academic year. It also directed the University to consider the question of grant of affiliation to the proposed institution of the petitioners without any further delay.
P.V. Asha, J.
1. Shree Dharma Paripalana Yogam, Palluruthy (SDPY) which is a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, along with its President, have filed this writ petition challenging Ext. P8 order issued by the Government, by which their application for NOC for starting a Self Financing Law College was rejected on the ground that the Government has taken a decision to consider only the applications from educational trusts from those districts where no legal educational institutions exist and further that more than two self Financing Law colleges would not be sanctioned in a district in order to ensure the quality of legal educational institutions in the State.
2. The petitioners challenge this order on the ground that the same is arbitrary. It is contended that sanctioning of more than two colleges in a district will not in any way affect the quality of legal education. It is also submitted that the right of an aspirant to legal education is curtailed on account of such decision of the Government. It is also pointed out that the Government is imposing restrictions in the case of law colleges alone, while no such restrictions are imposed in respect of medical colleges and engineering colleges.
3. The petitioners submitted an application - Ext. P2 for starting a Self Financing Law College in Palluruthy in Ernakulam District. The subject for the course was mentioned as LLB (3 year regular course), LLB (3 years evening class) (LLB 5 years). The application was submitted before the Mahatma Gandhi University (hereinafter referred to as 'University') and on receipt of the same the University constituted an inspection Committee as per Ext. P3 on 31.5.2013, as provided under Section 10(17) of the M.G. University Act, 1985. Accordingly, Professor Satheesh Kochuparambil (Member Syndicate) and Gifty Umman (Government Law College, Ernakulam) were constituted an Inspection Committee for the self financing law college under the petitioner for conducting the courses of LLB (3 year) evening classes and BA LLB. Thereafter on the basis of Ext. P4 order Syndicate Standing committee on affiliation in its meeting held on 11.4.2013 decided to recommend sanction for starting self financing law colleges for the academic year 2013-2014, after getting the view of Government on the necessity and feasibility of starting them. Thereafter the University forwarded the files to the Government for clearance/NOC as per Ext. P5 letter dated 14.6.2013. Thereafter as per Ext. P8 letter dated 5.9.2013, the Government rejected the application for the reasons mentioned earlier.
4. According to the petitioners, they have submitted their application in terms of the guidelines issued by Government, for starting new self financing law colleges, as provided in G.O. No. 89/2012/H. Edn. dated 12.3.2012 (Ext. P6), along with consent letter received from University, letter of undertaking etc. As per these guidelines, on receipt of this application, the Government have to accord administrative sanction to start the college under self financing stream. After administrative sanction is issued the files are to be forwarded to the law department. Thereafter on scrutiny by the law department they have to execute an agreement. After executing the agreement the NOC for starting college is issued by submitting the files to Minister for Education. It is provided that NOC shall be granted up to the end of the academic year. The educational agency is permitted to admit the students from the list published by the Commissioner for Entrance Examination till the last allotment process is over. It is also provided that the affiliation would be temporary and there will be no claim for permanent affiliation and Government or University can withdraw the NOC for affiliation on breach of conditions.
5. Though the Government refused sanction/NOC, intimation was received by the petitioner only after approaching this co
