MANAGER SIR SYED COLLEGE Vs. KANNUR UNIVERSITY

JUDGEMENT

(1.) THE petitioners in both the writ petitions are affiliated colleges under the 1st respondent University. Both the petitioners applied inter alia for starting new Graduate courses in the academic year 2013 -14. The petitioner in W.P.(C).25088 of 2013 sought for permission to start B.A(Malayalam) while the petitioner in W.P.(C).24451 of 2013 sought permission to start B.A.(Engish). The University, by Ext.P2 in W.P.(C).25088 of 2013 and Ext.P1 in W.P.(C).24451 of 2013, recommended the same along with other Post Graduate Courses. The respective recommendations were made on 28.05.2013 and 29.06.2013. In fact, the University had conducted physical inspection and only after verification of the infrastructure facilities as also the academic facilities that the recommendations were made.

(2.) HOWEVER , there was some delay on the part of the Government who evidently passed Ext.P2 order (WP(C). 24451/2013) permitting commencement of the said courses. In fact, after Ext.P2 dated 12.09.2013 was passed by the Government, on the very next day a Circular was issued by the 1st respondent University dated 13.09.2013 (Ext.P3 in W.P.(C). 24451 of 2013) showing the schedule of admissions by which the last date of commencement of classes of the under graduate courses, was fixed on 10.10.2013. Though it is not specifically stated as the last date for commencement of classes for under graduate courses, the only understanding discernible from Ext.P3, which is a circular intended for providing a schedule for the admissions to PG and UG Courses for the year 2013 -14. The date of closure of admission to the PG courses, is shown as 31.10.2013. hence the commencement of classes on 10.10.2013 can only be of the U.G Courses.

(3.) TRUE , permitting the students to appear for the supplementary examinations of the 1st semester and 2nd semester at the very same time would be anomalous; but still practically there would be no consequences since a person who failed in the 1st semester examination would necessarily have to appear for the supplementary examination along with the 2nd semester examination. If the students now admitted are permitted to continue the course; on such examination being conducted together in April 2014, the University cannot have any objection to the students appearing for both together. It is also to be noticed that to get promotion to the 2nd semester, a pass in the 1st semester is not insisted upon. In such circumstances, the action of the University in restraining the petitioner Colleges from commencing the Under Graduate Courses in the subject year is found to be bad.