Point of Law: Education - Affiliation of colleges - As per scheme of statutory provisions, Government's interference is only at end. As in said case, University has conducted rounds of enquiries and inspections and they had found that everything is in order and college can be granted affiliation.

JUDGMENT :

1. Malabar College of Advanced Studies, Vengara, has approached this Court being aggrieved by the refusal of the State to accord sanction to the Institution to conduct Post Graduate courses for M.Com and M.A. (English) with an intake of 15 each despite being recommended by the University of Calicut to conduct the said programme.

2. A sketch of the facts leading to the filing of this Writ Petition are as under:

(a) The petitioner herein, is an aided Arts and Science College affiliated to the University of Calicut, the 2nd respondent herein. The College is established and run by the Malabar Educational and Charitable Trust. The institution commenced its functioning in the year 2013 and presently offers 9 undergraduate programmes. Some of the programmes are aided and some are unaided. It is contended that about 1068 students are studying in the institution out of which, 75% are women students.

(b) The College is situated in a rural area. The predominantly women students, who completed their graduation, find it extremely difficult to pursue post-graduate courses as institutions conducting such courses are few and far off. Based on requests from the students and parents, the institution has developed infrastructure facilities and amenities to start postgraduate courses.

(c) An application for affiliation for M.Com and M.A. (English) for the academic year 2020-2021 was submitted before the 3rd respondent as mandated under Chapter 23 of the Calicut University First Statutes, 1977. The requisite fee was also remitted.

(d) An inspection was conducted by respondents 2 and 3 to assess the suitability and other factors. On being satisfied that the institution satisfies all the criteria, the 2nd respondent, as per Ext.P1 intimation, addressed to the 1st respondent, forwarded the list of innovative-interdisciplinary programmes duly recommended in Government/Aided Arts and Science Colleges affiliated to the University of Calicut for the academic years 2020-2021 and 2021-2022 for further action. The Government was requested to communicate the views in sanctioning the additional programmes. From Exhibit P1, it is evident that the petitioner institution has been included in the list of Colleges in Malappuram District.

(e) Later, the 1st respondent by Ext.P2 order dated 5.11.2020 granted administrative sanction to numerous colleges in the Government/Aided and Unaided sector for new courses but refused to grant sanction for the conduct of PG courses in the petitioner institution. Though Ext.P3 representation was made by the Principal to reconsider the decision, the same was not heeded to.

(f) The petitioner contends that the non-inclusion of the petitioner institution is arbitrary and illegal.

(g) Reliance is placed on Ext.P6 intimation, and it is pointed out that the Government had taken a stand that the National Assessment and Accreditation Council (NAAC) score and National Institutional Ranking Framework (NIRF) ranking are not insisted in Colleges which in the opinion of the University have the necessary infrastructure to start appropriate programmes. While taking a liberal stand by the State, there was no justification in not recommending the petitioner institution particularly when the University had given their recommendation.

3. A counter affidavit has been filed by the 1st respondent. It is stated that the scheme evolved by the Government was to grant new courses to colleges that had ‘A’ grade NAAC accreditation with a prescribed score and a NIRF rating. It is further stated that while granting a new programme in an existing college, 3 to 5 new faculty posts are required to be created. In the light of the financial constraints, the proposal of the Government was such that for the initial 5 years of the commencement of the new courses, the faculty will be paid Guest Lecturer salary and thereafter, at the UGC scale. Since the financial commitment involved in implementing the new policy involves a huge financial burden, the Government has t