KERALA UNIVERSITYB COM STUDENTS Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) 30 students, who figure as signatories to the petition dt. 15-11-1983, presented a petition in person to the Chief Justice of this Court, and that was ordered to be treated as a writ petition. Notice with copy of the writ petition was ordered to be served on the Vice-Chancellor and the Registrar of the Kerala University. On behalf of the Government, notice was ordered to be served on the Government pleader also. The University has entered appearance through its Standing Counsel, On behalf of the petitioners, Sri Balagangadhara Menon appeared at their request. Some of the Associations and Student Groups also have either got themselves impleaded in the writ petition or sent statements expressing their views in the mailer.

(2.) The whole question centres round the introduction of the new syllabi for the 1st Year B. Com. Degree Course for the year 1983-84. It is the admitted case that the new syllabi came into effect only on 2-11-1983. According to the averments in the petition the petitioners were students studying in the 1st Year B. Com. class from as early as on 14-7-1983 and they were considerably prejudiced on account of the introduction of the new syllabi in the middle of the year, namely on 2-11-1983. Though the petition, as it was presented on 15-11-1983, had not the form and contents of a regular writ petition, the deficiencies therein were substantially made up by the filing of the affidavits and reply affidavits in this Court on behalf of the petitioners on 5-12-1983 and 16-12-1983. Cm behalf of the University also a counter affidavit hag been filed.

(3.) The main contention of Sri P. Balagangadhara Menon. on behalf of the petitioners, is that the University had not acted legally in implementing the resolution of the Academic Council to change the syllabi in the manner in which it was done. He submitted that it was on 18-3-1083 that the Faculty of Commerce recommended the introduction of the new syllabi for the 1st Year B. Com. course. Thereafter it was only on 24-6-1983 that the Academic Council passed resolution approving the change, and it was only on 7-9-1983 that the Registrar of the University wrote to the Secretary to the Higher Collegiate Education, and the Government's sanction for the introduction was obtained only on 24-10-1983, and it was thereafter that the new syllabi were introduced on 2-11-1983.