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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, J.
The Malabar Educational and Charitable Trust – Petitioner
Versus
The University Of Kannur Represented By Its Registrar And Ors. – Respondents
WP(C) NO. 28874 OF 2020
Decided On : 28-05-2021
Constitution of India, 1950 – Articles 26, 30, 226, 14, 15,16, 19 – Kannur University First Statutes, 1998 – Chapter V, statues 1, 9, 26,6 – Notification of Govt order of starting new education institutions challenged – It is stated that, petitioner is desirous of starting new colleges in Kannur District. – To surprise of the petitioner, 1st respondent University issued Ext.P2 notification inviting applications for starting new colleges, during academic year 2021-22, from co-operative sector alone, in clear violation of provisions of Chapter V of Kannur University First Statutes, 1998 and also Articles 14, 15 and 16 [sic:19] of Constitution of India. – Whether any interference is warranted on Ext.P2 notification issued by 2nd respondent University and also Ext.P5 order issued by additional 4th respondent State, which are under challenge in this writ petition.
Finding of the court: Government order to extent it stipulates that permission for starting new colleges can be granted only to co-operative institutions, which have sufficient financial background and prior experience in running educational institutions, is liable to be declared unconstitutional, as it violates Articles 14 and 19 (1)(g) of the Constitution of India. Similarly, the restriction imposed in Ext.P2 notification issued by the 1st respondent University that applications are invited for starting new colleges (except Engineering/Medical and allied subjects) from co-operative sector alone, during the academic year 2021-22, is also liable to be declared unconstitutional, as it violates Articles 14 and 19(1)(g) of the Constitution of India, which also makes the provisions under the Kannur University First Statutes, which deals with affiliation, redundant. – If State Government has a case that, there is no necessity for a college in a particular area, definitely Government can frame a law in that regard. – Government can also frame a law to indicate that the number of colleges can be restricted or the number of courses can be restricted. – In said decision this Court noticed that, there is no such law, as on the date of that judgment. – Government order set aside to extent it stipulates that permission for starting new colleges can be granted only to co-operative institutions, which have sufficient financial background and prior experience in running educational institutions and also the restriction imposed in Ext.P2 notification issued by the 1st respondent University that applications are invited for starting new colleges (except Engineering/Medical and allied subjects) from co-operative sector alone, during the academic year 2021-22.
Result: Writ Petition Disposed of
JUDGMENT :
The petitioner, namely, Malabar Educational and Charitable Trust, is running a Self-Financing B.Ed. Training College, with the approval granted by the National Council for Teacher Education and provisional affiliation granted by the 1st respondent Kannur University. The document marked as Ext.P1 is the proceedings of the 1st respondent University dated 25.05.2006 granting provisional affiliation to Malabar B.Ed. Training College, Kannur, for B.Ed. Course with an intake of 75 students, for the academic year 2005-06. The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P2 notification dated 30.11.2020 issued by the 1st respondent University, whereby applications are invited for starting new colleges (except engineering/medical and allied subjects) from co-operative sector alone, during the academic year 2021-22. As per Ext.P2 notification, the last date for receipt of applications along with necessary documents and application fee was on or before 31.12.2020, 5:00 p.m. The petitioner has also sought for a writ of mandamus commanding the respondents to permit it to make application for affiliation, in accordance with law, after issuing a proper notification, within a time frame to be fixed by this Court. The document placed on record as Ext.P3 is a copy of publication released by the 1st respondent university on 30.11.2020, wherein it has been stated that, for starting new colleges during the academic year 202122, applications are invited from co-operative sector. The document marked as Ext.P4 is the relevant extract of Chapter V of the Kannur University First Statutes, 1998, which deals with affiliation of colleges.
2. In the writ petition, it is stated that, the petitioner is desirous of starting new colleges in Kannur District. To the surprise of the petitioner, the 1st respondent University issued Ext.P2 notification dated 30.11.2020, inviting applications for starting new colleges, during the academic year 2021-22, from co-operative sector alone, in clear violation of the provisions of Chapter V of the Kannur University First Statutes, 1998 and also Articles 14, 15 and 16 [sic:19] of the Constitution of India.
3. On 22.12.2020, when this writ petition came up for admission, the learned Standing Counsel for the 1st respondent University, representing respondents 1 to 3, sought time to get instructions and file statement.
4. On 14.01.2021, the learned Standing Counsel for the University filed a statement on behalf of respondents 1 to 3, stating that, in tune with Statute 1 of Chapter V of the Kannur University First Statutes, 1998, the University invited applications for starting new colleges, for the academic year 2021-22, based on the resolution adopted by the Syndicate vide item No.2020.547 dated 17.11.2020. The State Government, vide Annexure R1(a) order, i.e., G.O.(Ms.)No.299/2020/H.Edn. dated 20.08.2020 declared the policy for starting new colleges in Government sector and unaided sector, as per which, permission for starting new colleges can be granted exclusively to cooperative institutions, which have sufficient financial background and prior experience in running educational institutions. As per the policy, sanctioning of new colleges in aided sector is not being considered for the time being. Based on the Government policy, the Syndicate of the 1st respondent University in its meeting held on 17.11.2020 decided to invite applications for starting new colleges, during the academic year 2021-22, from co-operative sector alone. Therefore, there is absolutely no arbitrariness or illegality in issuing Ext.P2 notification, limiting applications for starting new colleges from co-operative sector alone. As per Statute 9(g), Chapter V of the Kannur University First Statutes, the University has to ascertain the views of the State Government, for the purpose of granting affiliation. The State Government has issued the order dated 20.08.2020,
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