IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHAJI P. CHALY, J.
Manager, M.G.M. College of Arts & Science - Appellant
Versus
University of Kerala & Another - Respondents
W.P.(C) Nos. 18336 & 18443 of 2017
Decided On : 14-06-2017
1. The above writ petitions are materially connected in respect of non-consideration of applications seeking affiliation to start new courses and a new College respectively. Therefore, I heard them together and propose to deliver a common judgment. Material facts for the disposal of the writ petitions are as follows:
2. In W.P.(C) No.18336 of 2017, petitioner College sought for establishment of a new Self Financing Arts and Science College, viz., M.G.M. College of Arts & Science, Kadinamkulam, Thiruvananthapuram. As per consent letter dated 22.05.2015, consent was granted to proceed with the establishment of a new Self Financing Arts and Science College. As per the stipulations contained in the said letter of consent viz., Ext.P1, it is stated that the letter of consent shall not entitle the institution to make admissions, and that as per the prescribed Rules, admissions shall be made only after provisional affiliation as per Statute 12 of Chapter 24 of the Kerala University First Statutes, 1977. As per Ext.P1(a) dated 27.06.2015, administrative sanction was accorded by the State Government with certain conditions. Thereafter, petitioner submitted application to start additional courses before the 1st respondent. Accordingly, Ext.P2 consent was granted on 07.07.2016 to proceed with starting new Self Financing courses viz., BBA, B.Com. Elective Computer Application and B.Sc. Computer Science, during the academic year 2016-17, however, subject to certain conditions.
3. Thereafter, the College submitted Ext.P3 letter dated 08.07.2016, requesting to accord administrative sanction for starting the new courses for the academic year 2015-16. Thereafter, the Government have issued an order dated 28.08.2016, declaring its policy creating certain restrictions with respect to approval of new courses and Colleges in the Self Financing and Unaided Sector. The said order was challenged before this Court by the petitioner and others, and secured Ext.P5 judgment, whereby a learned Single Judge of this Court held the said Government Order unconstitutional, and directed to re-consider all the applications submitted by the respective Colleges. However, as per Ext.P6 dated 13.02.2017, the University has decided that requests for new courses need not be considered during 2016-17, as the inspection reports with respect to new courses did not recommend to grant approval since the first semester classes were almost over.
4. Thereupon, petitioner College has submitted a letter dated 19.05.2017, conveying that it is the time to start admission procedure for the new academic year 2017-18, and therefore, considering the judgment of this Court referred to supra, affiliation may be granted at the earliest for the courses for which the letter of consent was issued by the 1st respondent University. According to the petitioner, in spite of all these earnest efforts, 1st respondent University has not taken any steps to finalize the issue.
5. Petitioner in W.P.(C) No.18443 of 2017, who is the Chairman of an educational agency, viz., Travancore Educational & Charitable Society, propose to start a Self Financing Arts & Science College. Petitioner applied for affiliation to the University. The University accordingly conducted inspection and recommended the matter to the Government. However, neither the Government nor the University did take any action to attain finality to the application submitted by the petitioner. According to the petitioner, this Court has passed Ext.P6 interim order dated 08.08.2016 in W.P.(C) No.24872 of 2016, directing the 1st respondent University to issue an order of affiliation, following Ext.P3 for the course mentioned therein, subject to the result of the writ petition. But the same was not granted.
6. Matters being so, as referred to in the other writ petition, Government issued an order declaring its policy, creating certain embargo with respect to the grant of affiliation to new courses, and certain restrictions for starting of
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