ERNAKULATHAPPAN CHARITABLE EDUCATIONAL AND NIRMALA EDUCATIONAL TRUST Vs. THE DIRECTOR OF TECHNICAL EDUCATION AND ORS.

JUDGEMENT

(1.) Appellants in the writ appeal are educational institutions which applied to the second Respondent University for granting affiliation for starting engineering colleges in five subjects each for the academic year 2010-11 onwards. The first Appellant obtained Exts.P9 and P10 approvals from the All India Council for Technical Education (AICTE) which are granted based on orders of this Court in the writ petition and writ appeal filed by the Appellants. AICTE has granted approval to both the Appellants by fixing various conditions which includes availability of all infrastructural, instructional and other facilities, including recruitment of required faculty before commencement of admission. After getting conditional approval from AICTE, the Appellants approached the second Respondent University for affiliation of the educational institutions and the courses. Pending decision on the applications filed by the Appellants before the University, the Appellants approached this Court with writ petition for direction to the University to take decision in the matter, without any delay. The learned single Judge disposed of the writ petition directing the University to decide eligibility of Appellants' institutions and the courses for affiliation. It is against this judgment of the learned single Judge, the Appellants filed this writ appeal. In the writ appeal, the Division Bench passed interim orders directing the University to pass orders on Appellants' applications. University, accordingly, issued Annexures C and D orders wherein affiliation is declined on similar grounds to both the Appellants. The Appellants have sought amendment of the writ appeal to challenge the orders issued by the University. We have heard senior counsel appearing for the Appellants and standing counsel appearing for the Calicut University.

(2.) Even though Appellants have challenged Annexures C and D orders issued by the University on 30.11.2010 by amendment of the writ appeal, during hearing, senior counsel for the Appellants limited his prayer for further direction to the University to reconsider eligibility of the Appellants' institutions and the courses for affiliation based on the new facilities provided by them in the educational institutions. The specific case of the Appellants is that, whatever short-comings brought out in Annexures C and D by the University are made up by appointing qualified members of the faculty and by providing facilities in the library, laboratory etc., which were found wanting during inspection by the University. Appellants have, in fact, furnished new set of members to the faculty presently arranged by them for appointment in the colleges. Standing counsel for the University, on the other hand, submitted that unless the University, on inspection, is satisfied about the availability of the facilities and the qualified faculty members in terms of the requirement, affiliation cannot be granted. He also submitted that University may not be able to relax the conditions stated in Annexures C and D wherein they have stated that affiliation could be effectively granted only for the next academic year because, time has already run out for commencement of the course in the Appellants' colleges during this academic year. This position is controverted by senior counsel appearing for the Appellants by contending that classes have just commenced in all other colleges and Appellants' colleges, if granted affiliation, will be able to commence classes and conduct the courses and make the students eligible to write the first semester examination after completion of the course. After hearing both sides and after going through the impugned orders issued by the University, we are of the view that Appellants have to make up the deficiencies, if not already done and furnish the details to the University for them to re-consider Appellants' request for affiliation. Accordingly, we dispose of the writ appeal with direction to the Appellants to make fresh application furnishing all details immediately to the University for the University to process and arrange inspection and take a decision at the earliest. We direct the University to take decision and communicate the same within a period of one month after getting further details from the Appellants. If Appellants are found to be eligible for affiliation, then it is for the University to consider whether remaining period of academic year is sufficient for the students to complete the course study and if so to approve affiliation for this academic year itself or otherwise proceed to grant affiliation for the next academic year.

(3.) Before parting with the matter, we feel appropriate directions should be issued to the State Government to ensure that all the engineering colleges in the State are run with sufficient qualified teaching faculty because, what we notice is that there is acute scarcity of qualified persons for selection as teaching staff in the engineering colleges. Probably, the situation is same for other colleges as well. The reason is that, until the education was liberalised permitting self financed colleges in the State, very few students used to go for post-graduate study in engineering because of the lack of scope for employment as teaching staff in the few engineering colleges then available in the State. As against 12 engineering colleges that were functioning in the State under the Government and aided sector a few years back, as of now, there are 106 colleges, 72 in the private self-financing sector and 22 in the Government aided self-financing sector. The trend we notice in this case is that the colleges are competing each other to attract teaching staff which leads to teaching staff leaving existing colleges to join new ones. Unhealthy competition among colleges to drag teachers from other colleges will destabilise the system. It is to be doubted whether the faculty details furnished by the various colleges are only in paper or whether they are really there in the colleges to serve the students. We feel an enquiry is to be called for and accordingly direct the Government to constitute an expert team of senior faculty members from Government engineering colleges to conduct surprise inspection in all the engineering colleges in the State, verify physical availability of faculty members and co-relate the staff position with the declared strength for affiliation and intimate the deficiencies to all the Universities in the State so that, if necessary, affiliation could be withdrawn or modified and alternate arrangements could be made for students to continue their study in other colleges. In fact, the Universities can restrict affiliation of courses depending on availability of faculty. Government is accordingly directed to make arrangements immediately to constitute the committee and get the first round of inspection done, within three months from now. The Universities are directed to take necessary action based on the recommendations and findings of the committee constituted by the Government. Further, considering the increased need for teaching staff in the engineering colleges, Government should consider starting new post-graduate courses in Government engineering colleges and increase the strength of students in post-graduate studies in engineering subjects in such colleges.