BOOK CENTRE Vs. MAHATMA GANDHI UNIVERSITY KOTTAYAM

JUDGEMENT

(1.) The petitioners are book publishers and sellers. Some of their books have been prescribed as text books for pre degree classes in the colleges affiliated to the Mahatma Gandhi University, hereinafter referred to as the University', for the year 1997-98. They have approached this Court seeking a direction to the University to select the text books for pre degree course for the year 1998-99 only after issuing notifications calling for books from publishers and sellers as had been done in the previous years. They also seek a direction to continue the prescribed texts in the year 1997-98 for the year 1998-99 as well.

(2.) The petitioners submit that as per Ext. P-1 schedule published by the University, first year pre degree classes have already started on 20-7-98. They submit that Chap.12 of the Mahatma Gandhi University First Statutes 1991 provides that the Board of Studies constituted by the University shall have power to recommend for guidance to teachers and students books or prescribed texts for different classes. For the year 1998-99 also as seen from Ext. P-2, notification has been issued by the University requesting the publishers, authors and book sellers who desire to have their books prescribed as text books for different degree courses of the University to submit ten copies of the same to the Registrar. Exhibit P-2 is dated 11-11-1997. Thus, steps are taken in advance and long before the commencement of the academic year 1998-99 to prescribe the necessary text books. Exhibit P-2 did not invite books for pre degree classes. They submit, relying on Ext. P-4, that in such circumstance the books for the previous year have to be followed. In Ext. P-4, the Registrar informed all the Principals of the affiliated colleges to the effect that certain books prescribed for 1996 for various classes should be followed for 1997 admission also. So, as no books for the pre degree classes are invited for the year 1998-99 in Ext. P-2, those prescribed for the previous year shall be followed.

(3.) A Statement has been filed by the University. It is contended by the University that the petitioners have no locus standi to file this original petition. At present, no Board of Studies is constituted. In the absence of such a body, the University can exercise the powers of Board of Studies. As per S.3 of the Mahatma Gandhi University Act, the Chancellor, Vice-Chancellor, Pro Vice Chancellor, Members of Senate, Syndicate and Academic Council, shall for the time being, constitute a body corporate by the name Mahatma Gandhi University. Therefore, the University can take appropriate decision in regard to prescription of text books in the absence of Board of Studies. As there was no Board of Studies, the Vice Chancellor constituted a Committee for making recommendations to the Academic Council to prescribe text books for pre degree classes. So, no illegality is committed for prescribing text books. The University will consider the recommendations made by the Committee. Since the classes have already begun on 20-7-98, the books have to be prescribed without further delay. The petitioners cannot insist that the books for the year 1997-98 shall be followed in the current year as well. The Committee has already submitted their recommendations. Those recommendations would be considered by the Academic Council. Books are considered on the basis of various considerations including the author, the content of the book and other related aspects. But, in the statement, nothing is mentioned with regard to Ext. P-2 notification inviting books from the publishers; or Ext. P-4 to follow certain book in the subsequent year. Nothing is also stated in the statement of the respondents why similar publications as in Ext. P-2 is not issued in respect of the books for pre degree classes, for this year. Nothing is also stated why such a course of action adopted for pre degree classes for the last year is not followed this year.