KERALA SELF FINANCING ENGINEERING COLLEGE MANAGEMENTS ASSOCIATION AND ORS. Vs. MAHATMA GANDHI UNIVERSITY, KTYM AND ORS.

JUDGEMENT

(1.) A conference of the Vice - Chancellors of the various universities in the State was convened by the Chancellor (The Governor of the State of Kerala) on 27/10/2014 at Ernakulam. One of the decisions taken in the meeting pertains to the installation of Closed Circuit Television camera (CCTV camera) in the examination centers of institutions. The syndicate standing committee on examination of the Mahatma Gandhi University accordingly on 20/03/2015 resolved to direct the installation of CCTV cameras. It was decided to direct the Principal of all self - financing institutions affiliated to the University to install CCTV cameras in the examination halls in the first phase. The Vice - Chancellor of the University accorded sanction for the same as is discernible from the order dated 08/04/2015 issued by the Registrar of the University. The Registrar of the University by order dated 18/04/2015 issued instructions for installation of CCTV cameras in the examination hall. The instructions specified particular brands of CCTV camera of a specified storage capacity and the same was confined to the self - financing institutions only. The instructions further stipulated that the hard disk should be retained in the safe custody of the Principal to be produced before the University as and when required. The orders aforesaid dated 08/04/2015 and 18/04/2015 issued by the Deputy Registrar - I (Acad) on behalf of the Registrar of the University are impugned. The challenge is by the Kerala Self - Financing Engineering College Managements Association and All Kerala Private Arts and Science Unaided College Management Association. They are primarily aggrieved by the fact that particular brands of CCTV cameras are insisted and that self - financing institutions alone have been targeted.

(2.) The University adopted the stand that it being the statutory authority to conduct examinations and award degrees has the powers to fix the minimum infrastructural facility to be provided. The installation of CCTV cameras as opined by the Chancellor was to improve the conduct of examinations and the quality of evaluation. True it is that particular brands of CCTV cameras was earlier insisted for uniformity and authenticity which condition has since been diluted. The managements are now free to select the brands of their choice of CCTV cameras for installation as is clarified by the order dated 14/10/2015 of the Registrar. S.5(xa) and S.5(xvii) of the Mahatma Gandhi University Act, 1985 are relied on to contend that the University is well within its powers to issue such instructions.

(3.) I heard Mr. Kurian George Kannanthanam, Senior Advocate on behalf of the petitioner in WP (C) No. 30126/2015 and Mr. Alexander Joseph, Advocate on behalf of the petitioner in WP (C) No. 30204/2015. I also heard Mr. Varughese M. Easo, Standing Counsel for the Mahatma Gandhi University as well as Mrs. Anitha Ravindran, Senior Government Pleader.