IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. VINOD CHANDRAN, J.
THE PRINCIPAL, RAJAGIRI COLLEGE OF SOCIAL SCIENCES, RAJAGIRI VALLEY P.O., KAKKANAD, COCHIN - Appellant
Vs.
M.G. UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM - Respondent
W.P(C). No.22824 of 2016-C
Decided on : 29-07-2016
Mahatma Gandhi University Act, 1985 - Section 118 - Claim - Deeming provision - Successfully averted - Board of Studies - Held, any claim under the deeming provision could be successfully averted by the University if such a decision of the Board of Studies is brought on record, which evidences the decision taken, to be within the specified 30 working days.
The petitioner seeks for approval of the courses as proposed by Ext.P2. The petitioner is an autonomous college who was granted that status as per Ext.P2 order in the year 2014, by the University Grants Commission (UGC); commencing from the academic year 2014-15. While the petitioner was continuing so, an application was made for five new courses, by Ext.P3, the details of which are as follows:
1. BBA - (40 seats) as per the existing scheme & syllabus of MG University.
2. B.Com Model-I (Finance & Taxation) - 40 seats as per the modified syllabus.
3. B.Com Model II (Vocational - Finance & Taxation) -40 seats as per the modified syllabus.
4. B.Sc Psychology - Model II - 30 seats as per the modified syllabus.
5. M.Sc Psychology -20 seats as per the modified syllabus.
2. The petitioner's proposal went through the University but however, neither order of approval permitting commencement of the courses, has been received as yet nor has the University rejected the proposal, in which circumstance, the learned Senior Counsel appearing for the petitioner relies on the UGC Norms and Chapter 9 of the Mahatma Gandhi University Act, 1985 introduced by the University Laws 3rd Amendment Ordinance 2014 to urge a deemed approval.
3. The learned Standing Counsel for the University however contends that there is an anomaly in the deeming provision as available in Section 118 of Chapter IX. The University had been quick to place the proposal before the Board Of Studies for consideration. Further, despite the fact that the petitioner is an autonomous Institution, they would have to comply with the provisions of the First Statutes and make a formal application for affiliation, argues the learned Standing Counsel.
4. The learned Senior Counsel counters that the University itself had proceeded on the premise that no affiliation is required in the earlier year, when approval was granted with only a demand of affiliation fees. The learned Senior Counsel relies on Ext.P13 produced along with a Memo, which is the approval for the previous year.
5. The autonomous status has been granted by the UGC, to promote academic excellence as is seen from Ext.P2 itself. The UGC considers such grant based on the "Guidelines for Autonomous Colleges issued by the University Grants Commission", which has application during the XIIth Plan period, ie: between 2012-2017. The said guidelines, based on the National Policy of Education, speaks of conferment of autonomous status, criteria for identification of institutions for such grant, pattern of financial assistance and even the governance of an autonomous college, which is akin to the governance of a University with a Governing Body, Academic Council, Board of Studies and a Finance Committee in that order of hierarchy.
6. Under the heading "General matters starting of new courses" the guidelines speak of an autonomous college being enabled to start a new degree or post graduate course with the approval of the Academic Council of the College fulfilling the minimum standards of the University/UGC. A diploma or certificate course can be commenced without the approval of the University but the certificates are to be issued in the name of the College. This indicates an autonomy in deciding an academic program, not available in the conventional stream; alive to the contemporary needs of education and employment.
7. As to the degree courses with which we are concerned now, the approval for starting a new course has to be obtained from the Academic Council of the College and the condition only is that such courses shall fulfill the minimum standards prescribed by the University/UGC in terms of the number of hours, curriculum content and standards. The guidelines in fact prescribe only that the University shall be duly informed of such courses with respect to the award of degrees. This is because the parent University is conferred with the power to award such degrees, but however the certificate would show the name of the College. T
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