High Court Kerala High Court

Girideepam Institute Of Advanced vs Mahatma Gandhi University on 29 July, 2008

Kerala High Court
Girideepam Institute Of Advanced vs Mahatma Gandhi University on 29 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18774 of 2008(I)


1. GIRIDEEPAM INSTITUTE OF ADVANCED
                      ...  Petitioner

                        Vs



1. MAHATMA GANDHI UNIVERSITY, REPRESENTED
                       ...       Respondent

2. THE VICE CHANCELLOR,

                For Petitioner  :SRI.SANTHOSH MATHEW

                For Respondent  :SRI. T.A. SHAJI, SC, M.G.UNIVERSITY

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :29/07/2008

 O R D E R
                      S.SIRI JAGAN, J
                ==================
                 W.P(C)No.18774 of 2008
                ==================
           Dated this the 29th day of July, 2008.

                      J U D G M E N T

The issue involved in this writ petition is as to whether

the petitioner – college is entitled to get affiliation for the

course of B.Com (Computer Applications), Master of

Business Administration (MBA), Master of Tourism

Administration (MTA), Master of Social Work (MSW) and

Master of Financial Administration (MFA) from the 1st

respondent – University. The petitioner applied for

affiliation of these courses for the year 2006-2007. Even

after a long time, since affiliation was not granted, the

petitioner approached this court by filing W.P.(C)No.4671 of

2008. In that writ petition the University took the

contention that as per the University statutes views of

Government has to be ascertained in the matter for which

the Government had been addressed which views are yet to

be received. After considering that contention, this court by

W.P(C)No.18774 of 2008 – 2 –

Ext.P9 judgment took the view that since a lot of time had

lapsed since the Government were addressed in the matter

it is not necessary to wait for the views of the Government

any more and the University was directed to consider the

applications for affiliation. Exts.P1 and P2 are the

applications for affiliation submitted by the petitioner for

the above courses. This court in Ext.P9 judgment directed

the University to consider those applications for grant of

affiliation and to take a decision in the matter within two

months from the date of production of a copy of the

judgment. Thereafter Ext.P10 order was passed, pursuant

to the directions in Ext.P9 judgment rejecting the

applications for affiliation on the following grounds:

(a) The existing manpower available on the
University cannot cope with the additional work
consequent on the sanctioning of new unaided
colleges/courses.

(b) Lack of permanent teaching faculty for the
conduct of evaluation of exams.

(c) The increasing instances of irregular admissions
in unaided institutions and also pending before the Hon’ble
Courts.”

W.P(C)No.18774 of 2008 – 3 –

The petitioner is challenging Ext.P10 order in the writ

petition.

2. The petitioner first of all contend that by Ext.P4, the

very same University who have now issued Ext.P10 order,

had on 14.1.2008 recommended the said courses to the

Government of Kerala and sought the views of the

Government. Therefore, according to the petitioner the

University cannot now turn around and take a stand that

they will not grant affiliation. The counsel for the petitioner

would contend that at the time of issuing Ext.P4 they had no

objection whatsoever for affiliation of these courses,

subject to Government views in the matter. Now that this

court had by Ext.P9 judgment dispensed with the

Government views on the said recommendation and the

University cannot now take a different stand.

3. The petitioner would further point out that, that

recommendation itself was passed on the report of the

commission who inspected the petitioner’s college for the

W.P(C)No.18774 of 2008 – 4 –

facilities available and after completing all the formalities

prescribed under the University statutes for such affiliation.

4. The next contention raised by the petitioner is that

on the basis of an exactly identical direction of this court as

in Ext.P9 judgment, in the case of another college namely

JPM Arts & Science College, Labbakkada, Idukki, the very

same University had granted affiliation to a new college

itself in the unaided sector, by Ext.P11 order. The counsel

for the petitioner would contend that after granting

affiliation to a college itself in the unaided sector, the

University cannot be heard to contend that they will not

grant affiliation to the petitioner’s additional courses.

5. The counsel for the petitioner would also attack the

reasons mentioned in the impugned order for denying

affiliation as unsustainable. As far as the first reason is

concerned the Counsel for the petitioner would contend

that, as is clear from Ext.R1(b) University order itself, the

University itself had permitted affiliation to colleges and

W.P(C)No.18774 of 2008 – 5 –

courses in Government, Co-operative and aided sector. He

would submit that as far as man power is concerned there

cannot be any difference between Government/aided/

co-operative sector on the one hand and self financing

sector on the other. Regarding the second reason also he

would raise the very same contention. As far as the third

reason is concerned he would submit that the possibility of

malpractice by unscrupulous managements cannot be a

ground for denying affiliation to all. Regarding the fourth

reason mentioned in Ext.P10, the counsel for the petitioner

would point out that the same also appears to be hollow in

view of Exts.P12,P13 and P14, list of colleges which

themselves have been prepared on the basis of data

available in Ext.P15 diary published by the University itself.

He was pointed out that in Ext.P12, out of 28 colleges

offering course in B.Com (Computer Application), only three

are in the aided sector. In Ext.P13 out of 12 colleges

offering MTA course, all of them are in the unaided sector.

W.P(C)No.18774 of 2008 – 6 –

In Ext.P14 out of 20 colleges offering MBA course only

three are in the aided sector. Therefore, the petitioner

would contend that the 4th reason mentioned in Ext.P10 is

also without any basis. After referring to the decision of the

Supreme Court in P.A. Inamdar’s case, Counsel would argue

that the said action of the University amounts to

discrimination, which is clearly prohibited as per the

Supreme Court judgment.

6. In answer to the contentions of the petitioner, the

Standing Counsel for the University would submit that

Ext.P10 order has been issued on very valid consideration

as stated in the order itself. He would contend that the

University is functioning with lots of constraints regarding

man power and therefore additional courses or colleges in

the self financing sector cannot be affiliated for want of

sufficient man power. He would submit that the case of

colleges and courses in the Government, aided and co-

operative sectors stands on a different footing since as per

W.P(C)No.18774 of 2008 – 7 –

Government policy they are bound to affiliate colleges and

courses which cannot be cited as discrimination as against

self financing colleges and courses. The same according to

him applies to the 2nd reason also. On the 3rd reason he

points out various instances of irregular admissions made

by self financing colleges in respect of which several writ

petitions are pending before this court and he would

therefore submit that the same is a very valid consideration

for denying affiliation to the courses now offered by the

petitioner for which they want affiliation. He supports the

4th reason mentioned in Ext.P10 also.

7. I have considered the rival contentions in detail.

8. At the outset I must note that the courses which the

petitioner seeks affiliation of are new generation courses

having plenty of employment potential, in a State where

unemployment is ever increasing. I am of opinion that

conduct of such courses should be encouraged as far as

possible.

W.P(C)No.18774 of 2008 – 8 –

9. The petitioner has been fighting for affiliation for

this course from 2006-2007 onwards. All along the

University was taking the stand that they are awaiting the

views of the Government, which they are bound to obtain as

per the University statutes. Ext.P4 is the communication

issued by the University to the petitioner in this regard on

14.1.2008. It categorically states that the University had

considered the petitioner’s applications for affiliation and

recommended those courses to the Government of Kerala.

That recommendation was after an elaborate process of

verification of the infrastructural facilities, availability of

faculty etc. as contemplated under the University statutes

in respect of which no disputes are raised before me at all

by the University. At that time, their only objection was

want of views from the Government. Since nothing

happened for a long time the petitioner approached this

court by filing W.P.(C) No.4671/2008, in which this court

passed Ext.P9 judgment directing the University to consider

W.P(C)No.18774 of 2008 – 9 –

the applications for affiliation submitted by the petitioner

without waiting for the views of the Government. It is

pursuant to the said direction that impugned order has been

passed. From Ext.P11 order of the very same University, I

find that the JPM Arts & Science College, Labbakkada,

Idukki, had also obtained identical order from this court,

to pass orders on the application for affiliation of the new

college within six weeks from the date of receipt of a copy

of the judgment. Pursuant to that judgment only Ext.P11

order has been passed on 2.6.2008. While passing that

order the University had no reservation whatsoever in

granting affiliation and no reasons pointed out in the

impugned order were raised then. Of course the University

would contend that it is after passing Ext.P11 that Ext.R1(b)

order was passed by the University on 12.6.2008 and also

that they were forced to pass Ext.P11 order for fear of

action under the Contempt of Courts Act. Both arguments

do not appear very convincing. The judgment referred to in

W.P(C)No.18774 of 2008 – 10 –

Ext.P11 order was passed on 6.2.2008, Ext.P9 judgment in

the petitioner’s case was passed on 15.2.2008. The two

judgments were passed only 9 days apart. While passing

orders pursuant to identical judgments, I am at loss to

understand how the University could have issued two kinds

of orders namely Exts.P10 and P11. Of course, it is true

that between Ext.P11 and P10 there is a difference of 16

days and in between Ext.R1B(b)had come to be passed. But

it is to be noted that Ext.R1(b) order had been passed

pursuant to the minutes of the Syndicate Standing

Committee on affiliation held on 27.5.2008 which was

available to the University when passing Ext.P11 order also.

As such basically there was no essential difference between

the two colleges and therefore the differential treatment

meted out to the petitioner is clearly discriminatory. In so

far as, there was no direction to grant affiliation in the case

referred to in Ext.P11 the explanation that they granted

affiliation for fear of contempt action also appears to be

W.P(C)No.18774 of 2008 – 11 –

hollow.

10. In any event, I do not find any merit in the reasons

mentioned in Ext.P10 order. We are a developing nation

who aspires to go forward, not backwards or to stand still.

We can go forward in the education field only if the new

generation course come up to cater the educational needs

of the country. Educational needs cannot be disputed

because of the number of applicants available for such

course in respect of which there is no dispute. If a

University takes a stand that they have no sufficient

man-power to cater to additional courses, that would be a

totally negative attitude which cannot be countenanced in a

University whose very object is to take the educational

standards of this country forward. If there is not enough

man-power, it is the duty of the Government and the

University to see that appropriate man-power is provided in

the University for the educational needs of the state.

11. In any event as is evident from Ext.R1(b) there is

W.P(C)No.18774 of 2008 – 12 –

no prohibition for affiliation of colleges and courses in the

Government, Co-operative and aided sector. There cannot

be any dispute that for Government/Co-operative/aided

sector also, for additional colleges and courses, additional

man-power would be necessary. As far as additional

man-power is concerned there cannot be any difference

between Government/Co-operative/aided sector on the one

hand and self financing sector on the other hand.

Therefore, it is clearly spells out discrimination between

colleges in the Government/Co-operative/aided sector and

those in the self financing sector students studying in both

have to be treated equally. Therefore reasons (a) and (b)

mentioned in Ext.P10 are clearly not sufficient to reject the

applications for affiliation submitted by the petitioner.

12. The 3rd reason mentioned is the increasing

instances of irregular admissions in aided institutions in

respect of which cases are pending before this Court. The

fact that there are chances of irregularities that may be

W.P(C)No.18774 of 2008 – 13 –

committed by unscrupulous managements is no ground to

refuse to exercise statutory powers vested in the University

under the Mahatma Gandhi University Acts and Statutes.

Therefore without any further discussion on the same it can

be stated without any doubt that the 3rd reason is not a

reason at all. The 4th objection also does not appear to be

convincing in the wake of Exts.P12 to P15, which would go

to show that in very many colleges, identical courses are

being taught for which affiliation has been granted by the

very same University. Therefore without doubt the last

reason also cannot be upheld.

In the above circumstances, I have not doubt in my

mind that the reasons mentioned in Ext.P10 order for

denying affiliation to the courses for which the petitioner

has submitted applications is clearly discriminatory

unsustainable. Accordingly, I quash Ext.P10 order and

directed the respondents to grant affiliation to the courses

for which the petitioner has filed applications. Orders in

W.P(C)No.18774 of 2008 – 14 –

this regard shall be issued within a period of one month

from the date of receipt of a copy of this judgment. Since

petitioner has been waiting from 2006-2007 onwards for

affiliation of the courses, I direct that the University shall

permit the petitioner to start the course from this year

onwards itself. The petitioner may start the process for

admitting students to those course in anticipation of the

grant of affiliation.

The writ petition is allowed as above.

S.SIRI JAGAN, JUDGE

rhs