A University must consider representations regarding course continuation and institutions can pursue No Objection Certificates for self-financing streams following UGC assistance.

JUDGMENT

The first petitioner, St.Michael's College, Cherthala, aggrieved by Ext.P8 communication dated 8.5.2019 issued by the Kerala University, Thiruvananthapuram rejecting petitioner's request for permission for conducting the B-Voc Courses in the self financing stream and decision not to include the said course in the online admission portal for the year 2020-2011, has approached this Court through instant writ petition. The facts for the disposal of the writ petition are as follows:

2. The first petitioner is a Christian Minority Educational Institution conducting Graduate and Post Graduate Degree Courses, affiliated to the University of Kerala. It was granted sanction by the University Grants Commission ( UGC) to start Bachelor of Vocational Courses for the year 2014-15. The course was conducted for the first three years with the financial assistance from the UGC and thereafter for the academic years 2018 and 2019-2020 with its own fund. Under the National Skill Qualification Framework (NSQF), (UGC) launched a scheme for skills development based Higher Education by introducing Bachelor of Vocation Program, in Universities and Colleges. Accordingly, petitioner applied to UGC for introduction of B- VOc Programme in its College, which was duly approved vide communication dated 5.5.2014, Ext.P1.

3. Learned Counsel appearing for the petitioners submits that in Ext.P2 letter dated 24.7.2014, assurance to the effect that courses will continue even after the UGC assistance ceases, was given by approaching Government for obtaining approval for conversion of the courses to aided stream. Vide Communication dated 22.7.2019, Ext.P4, the 2nd respondent while permitting continuance of the B-Voc programme for the academic year 2019-2020 directed the 1st petitioner college to proceed further for obtaining government concurrence for the continuance of the course. It was next contended that 1st respondent granted sanction to twelve (12) colleges affiliated to Mahatma Gandhi University to start the UGC assisted B-Voc courses from the academic year 2018-19 subject to the condition that the colleges may continue the course in the Self Financing stream by executing an agreement with the government on cessation of UGC assistance. Accordingly petitioner made representation, Ext.P7 to the 2nd respondent University seeking permission for conducting the B.Voc Courses in the self-financing stream with effect from 2020- 2021. However, the same has been rejected by the 2nd respondent University by taking a decision not to include the said courses in the online admission portal for the year 2020-2021.

4. On the other hand, Learned Counsel for the University relies upon the communication, Ext.P8 dated 8.6.2020 and submits that decision of the Syndicate is, not to conduct UGC aided B.Voc courses in Self Financing Stream, but the College is not prevented from approaching the Government, which they have not done so far and urges this Court for the dismissal of the writ petition.

5. At this stage learned Government Pleader submitted that, if the College makes an appropriate application as has been done by other colleges, Government would not be averse in taking a decision in accordance with law.

6. I have heard learned Counsel for the parties and appraised the paper books.

7. The facts as narrated above are not in dispute. Considering the facts and circumstances of the case, I am of the view that the University though had decided not to release funds, but ought to have considered Ext.P7 representation. Be that as it may, I deem it appropriate to dispose of this writ petition by issuing direction to the petitioner to make appropriate application for No Objection Certificate (NOC) for conducting courses under self financing stream as per the prevailing guidelines or the norms, as has been done in Ext.P5, whereby the Government granted permission to one Sullamussalam Science College, Areacode and various other colleges. If the petitioner makes such application withi