LAWS(KER)-2022-6-332

SACRED HEART COLLEGE Vs. STATE OF KERALA

Decided On June 17, 2022
Sacred Heart College Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Even though what are impugned in this case are certain Policy decisions of the Government, as reflected in Exts.P11 and P11(a), it is indubitable that this Court does not have to enter into the merits of the same because the Universities in Kerala are not subserviently bound by such decisions and this has been made clear repeatedly in Vidya International Charitable Trust v. A.P.J.Abdul Kalam Technological University [2017 (2) KLT 1049] and Principal, Rajagiri College of Social Sciences, Kakkanad v. M.G. University and others [2016 (4) KHC 489] as also in Exts.P9, P13 and P15 judgments.

(2.) As per the Scheme for starting a course of study in an Autonomous Colleges, affiliated to the Mahatma Gandhi University, the college had to approach the said University, intimating that they intend to do so which is then evaulated and sanctioned by it, based on the applicable UGC Regulations, after verifying whether the said course falls within the ambit of the prescriptions therein.

(3.) During such, of course, the University can seek inputs from the Government and they will be free either to concede to the starting of the course or to oppose it, as they may decide.