State-imposed conditions for educational affiliation that contradict AICTE approval undermine institutional autonomy and are unconstitutional.

Headnote:
Affiliation - Education - Kerala University Act, 2011 - Section 5, 6, 40, 41, 47; Kerala Professional Colleges Act, 2006 - Section 14 - The court ruled that the State government has no authority to impose conditions for NOC for affiliation where the AICTE has already granted approval, thereby emphasizing the autonomy of educational institutions and their right to manage admissions without state interference.
Fact of the Case:

The petitioner, an educational agency, sought affiliation for M. Pharm courses after obtaining AICTE approval. The Kerala University insisted on a No Objection Certificate (NOC) from the State and a seat-sharing agreement before granting affiliation, leading to a writ petition.
Finding of the Court:

The court found that the State's insistence on an NOC as a condition for affiliation contravened the autonomy granted to educational institutions under the AICTE Act. The court ruled that there is no legislative authority for the State to impose such a condition, reaffirming the principles set in previous judgments regarding educational autonomy.
Issues: Can the Kerala State Government require a No Objection Certificate for affiliation to a course already approved by the AICTE, given that such a requirement may infringe on the management rights of educational institutions?
Ratio Decidendi: The court held that the requirement for a No Objection Certificate from the State government violates the established principles regarding the autonomy of educational institutions, particularly in light of the AICTE's authority to regulate technical education.
Final Decision: The court quashed the State's Circular and ordered the University to grant the affiliation as per AICTE approval without requiring an NOC.

JUDGMENT

K.M. Joseph, J.

Both the Writ Petitions being connected, they are disposed of by this common Judgment.

W.P.(C).NO.12323 OF 2012 M

2. Petitioner claims to be an educational agency of a self financing pharmacy college. Petitioner's college fell under the purview of the Kerala University. By Ext.P1, on application, the petitioner was issued with a letter of consent by the Kerala University dated 24.4.2010 for the establishment of a new course M. Pharm - Pharmacuetical Chemistry. The Governor of Kerala initially promulgated an Ordinance, called the Kerala University of Health & Allied Sciences, 2 009 which came into force in November, 2009. The Ordinance came to be replaced by an Act in 2 the year 2011 (hereinafter referred to as the University Act). All the colleges coming under the medical and allied fields of education which were affiliated to any of the Universities in Kerala stood affiliated to the new University, 2010 - 2011. The first respondent vide Ext.P2 order, approved the consent of affiliation in respect of the course of M. Pharm - Pharmaceutical Chemistry in respect of the petitioner's college. Petitioner addressed Ext.P3 letter stating that the Central Regulatory Authority for the M. Pharm Course is the All India Council for Technical Education (AICTE) and it had granted its approval which was uploaded in the website of AICTE. Affiliation for the M. Pharm Course without any further delay was requested for. By Ext.P4, the Kerala University notified various colleges which stood affiliated to the said University. By Ext.P5 dated 20.7.2010, the petitioner was requested to furnish certain details for considering the petitioner's request for affiliation to the M. Pharm Course. They include the following:

“1. Permission from Govt. of Kerala after executing the agreement.

2. Letter of Permission from AICTE.

3. An Undertaking in prescribed proforma (copy enclosed) duly executed in Kerala stamp paper worth Rs.100/-.

4. Affiliation fee of Rs.50,000/= (DD in favour of the Registrar, Kerala University of Health and Allied Sciences payable at SBI, Vadakkanchery, Thrissur).”

One of the documents required under Ext.P5 was permission by Government of Kerala after executing an agreement. Ext.P6 letter was sent wherein it was, inter alia, mentioned that the petitioner is not liable to get consent letter from the Government, nor execute any agreement for the same. The undertaking mentioned therein was forwarded. Petitioner came to be served with Ext.P7 dated 13.8.2010 from the University which reads as follows:

“With reference to your letter cited, I am to inform you that in accordance with the policy of the Government of Kerala, this University has taken a decision to grant affiliation to new Colleges and courses only if the College enter into agreement with the Government of Kerala to share 50% of the seats under Government merit quota. Hence you are requested to furnish the permission of Kerala Government for granting affiliation. In this connection, you have to also submit the original Letter of Permission issued by the AICTE for granting affiliation.”

Thereafter, the petitioner came to be served with Ext.P8 from the AICTE wherein, it is stated that the petitioner's college was granted approval for the M. Pharm (Chemistry) for the first shift with an intake of eighteen for the year 2010-2011. Petitioner forwarded the said communication to the respondent/University. Petitioner moved a Writ Petition seeking a direction to consider the application for affiliation without insisting for any condition of No Objection Certificate (letter of permission) from the Government of Kerala. Ext.P10 is an interim order directing the University to pass orders on the application of the petitioner for affiliation for the M. Pharm Course, ignoring the conditions stipulated in Ext.P7. Thereafter, by Ext.P11, sanction was granted by the Vice Chancellor by exercising his power under Section 12(7) of the Kerala University of Health and Allied Sciences Ordi

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2012 Supreme(Online)(KER) 46190

State-imposed conditions for educational affiliation that contradict AICTE approval undermine institutional autonomy and are unconstitutional.

Cases Referred (3)