MANAGER Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The above writ petitions are materially connected in respect of non-consideration of applications seeking affiliation to start new courses and a new College respectively. Therefore, I heard them together and propose to deliver a common judgment. Material facts for the disposal of the writ petitions are as follows:

(2.) In W.P.(C) No.18336 of 2017, petitioner College sought for establishment of a new Self Financing Arts and Science College, viz., M.G.M. College of Arts & Science, Kadinamkulam, Thiruvananthapuram. As per consent letter dated 205.2015, consent was granted to proceed with the establishment of a new Self Financing Arts and Science College. As per the stipulations contained in the said letter of consent viz., Ext.P1, it is stated that the letter of consent shall not entitle the institution to make admissions, and that as per the prescribed Rules, admissions shall be made only after provisional affiliation as per Statute 12 of Chapter 24 of the Kerala University First Statutes, 1977. As per Ext.P1(a) dated 27.06.2015, administrative sanction was accorded by the State Government with certain conditions. Thereafter, petitioner submitted application to start additional courses before the 1st respondent. Accordingly, Ext.P2 consent was granted on 07.07.2016 to proceed with starting new Self Financing courses viz., BBA, B.Com. Elective Computer Application and B.Sc. Computer Science, during the academic year 2016-17, however, subject to certain conditions.

(3.) Thereafter, the College submitted Ext.P3 letter dated 08.07.2016, requesting to accord administrative sanction for starting the new courses for the academic year 2015-16. Thereafter, the Government have issued an order dated 28.08.2016, declaring its policy creating certain restrictions with respect to approval of new courses and Colleges in the Self Financing and Unaided Sector. The said order was challenged before this Court by the petitioner and others, and secured Ext.P5 judgment, whereby a learned Single Judge of this Court held the said Government Order unconstitutional, and directed to re-consider all the applications submitted by the respective Colleges. However, as per Ext.P6 dated 102.2017, the University has decided that requests for new courses need not be considered during 2016-17, as the inspection reports with respect to new courses did not recommend to grant approval since the first semester classes were almost over.