ST JOSEPHS COLLEGE (AUTONOMOUS) Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) All these Writ Petitions are filed by autonomous colleges/managers of autonomous colleges affiliated to Calicut University aggrieved by the refusal on the part of the University of Calicut to issue orders as directed in the judgments of this Court in the respective writ petitions filed by them in the light of the judgment of this Court in Principal Rajagiri College of Social Sciences, Kakkanad v. M.G.University & Ors,2016 4 KHC 489]. As common issue is involved, all these writ petitions are disposed of by this common judgment. The parties and documents referred to in this judgment are as described in W.P.(C) No.38450 of 2018.

(2.) W.P(C).No.38450/2018 and W.P.(C). No. 28511 of 2018 are filed in respect of St.Joseph College, Devagiri- one by the College and the other by the Manager. The St.Joseph College, Devagiri has been functioning for the last 62 years. The University Grants Commission (UGC) recognised it as a centre with potential for excellence in the year 2011. The college was conferred autonomous status as per Ext.P1 order issued by the UGC in July, 2014. Grievance of the petitioner is that despite the amendment of the Calicut University Act by University Laws (Third amendment) Ordinance, 2014, the University is insisting that affiliation is necessary for approval for commencement of new academic programmes as provided in Chapter 23 of the Calicut University First Statutes, 1977, which, according to the petitioner, is in gross violation of the provisions contained in Chapter VIIIB of the Calicut University Act, 1975 (hereinafter referred to as 'the Act' for short) as well as the provisions contained in UGC guidelines, 2017 ('guidelines' for short) and the provisions contained in UGC (Conferment of Autonomous Status upon Colleges and Measures for Maintenance of Standards of Autonomous Colleges) Regulations 2018 ('UGC Regulations 2018' for short).

(3.) After conferment of autonomous status to the college, the governing council of the college had, as per Ext.P2 proposal dated 30.04.2018, made recommendations for new academic programmes of BSc Psychiology, B.A EnglishLanguage and Literature and an additional batch of B.Com (Finance) from 2018-19 academic year, before the 1st respondent University. As per Ext.P3 order dated 17.05.2018, the University rejected the proposal stating that the college did not submit application for affiliation of new programmes within the time frame and also that concurrence from the Government is necessary. The petitioner thereupon challenged the same in W.P(C).No.17853/2018 and as per Ext.P4 judgment dated 25.06.2018 this Court set aside Ext.P3 order and directed the University to place the recommendation before the Board of Studies to take a decision in regard to the grant of additional affiliation to the new programme, in the light of the judgment in Principal Rajagiri College of Social Sciences, Kakkanad v. M.G.University & Ors,2016 4 KHC 489] and to take appropriate decision within the outer limit prescribed for such application under Section 68Q (2) and (3) of Chapter VIII B of the University Laws (Third Amendment) Ordinance, 2014 (Calicut).