MARTHOMA COLLEGE FOR WOMEN Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) The Manager of 'Marthoma College for Women', Perumbavoor, has approached this Court, impugning Ext. P1 proceedings of the Mahatma Gandhi University ('University', for short)-which was based on Ext. P2 order of the Government-classifying the B.Sc (Chemistry) Model I Course in the College to be a self financing one, while retaining all the other courses in the aided sector.

(2.) The petitioner says that when they raised objections against Ext. P1 before the competent Authorities of the University, they replied to it through Exts. P5 and P6, saying that the course was, in fact, granted by the Government in the Self Financing Sector in the year 2007; but that the salary and allowances of the teachers being paid by the Government, because they were surplus ones rendered so, consequent to the de-linking of the Pre-Degree Course from Colleges. They contend that Exts. P5 and P6 are also improper, because they did not consider any of the relevant facts in its proper perspective, particularly the judgment of the Hon'ble Supreme Court in State of Kerala and Others v. Arun George and Others [2015 (1) KLT 833] which declares that the denial of grant of aided status to a course by the Government solely on account of financial commitment is untenable and illegal.

(3.) Sri. Arun Mathew-learned counsel for the petitioner, argued that there is no reasonable cause for the Government to have issued an order retaining the course in question alone in the self financing Stream when, admittedly, every other course in the College in the Aided Sector.