UNIVERSITY OF KERALA TRIVANDRUM Vs. MANAGER MAR THOMA COLLEGE OF SCIENCE AND TECHNOLOGY CHADAYA MANGALAM

JUDGEMENT

(1.) AR. LAKSHMANAN, Ag. C. J. :- The University of Kerala and the registrar of the said University are the appellants in all these Appeals. They are the respondents in the writ petitions filed by the respondents herein. The respondents in all these Appeals are the managements of Unaided Colleges affiliated to the Kerala University.

(2.) We have heard Shri S. Gopakumaran Nair for the appellants and M/s. Kurian George Kannanthanam, V. K. Beeran, Thomas Abraham and V. N. Achutha Kurup for the respondents.

(3.) The writ petitions were filed by the managements of the Unaided Colleges to quash the decision of the Syndicate of the University dated 31-5-1999 as evidenced by the Exhibits filed in each writ petition, and also for a mandamus to direct the University to grant affiliation to the Courses applied for and recommended by the Sub-Committee with affect from the academic year 1999-2000 onwards and to grant such other reliefs. According to the respondents-petitioners in the Original Petition, they submitted applications for permission to start new Courses, and that the applications were given in the prescribed pro forma issued by the University itself. It is their case that all infrastructural facilities for opening the new Courses were also provided for in their Unaided Colleges, and the managements have the required lands and buildings, etc. put up for the purpose. According to the respondents, the applications were given in accordance with the Rules and the fees prescribed for the same as prescribed by statute 5 were also paid. Under statute 7, the Syndicate can call for additional information which it may deem necessary. If the Syndicate decides to proceed with the application, it shall direct a local enquiry by an expert committee. As per statute 9, on the receipt of the report of enquiry, the Syndicate shall decide the question of the grant of affiliation. As per the said statute, the Syndicate may ascertain the views of the Government as to whether the affiliation be granted or refused either in whole or in part, and in case the affiliation is granted, the fact shall be reported to the Senate at its next meeting. This is because the Government pays the salary of teachers in Aided Colleges. It is the case of the respondents/petitioners that when the Statutes were framed as early as in 1977, the concept of unaided colleges were not there and therefore at that time there was no specific provision for that. But this provision has been dispensed with as far as self-financing colleges are concerned, obviously because for such colleges, Government does not pay any salary, nor do they give any grant. As per Government Order dated 27-9-95, the Government had said that the University can fix the Courses in unaided colleges and the batch strength in each course. The said Government Order is produced as Exhibit P4. It is seen from Ext. P4 order and as per G. O. (Rt) No. 774/95/H. Edn. dated 15-6-1995, a Committee was constituted to recommend to Government the scales of pay of the staff of unaided colleges and the admission and selection of students and fees payable by students in such colleges and based on the recommendation of the committee in this regard, the Government issued G.O. (MS) 153/95/H. Edn. dated 27-9-1995. In the instant case, since the Syndicate has decided to proceed with the application for starting new Courses, it constituted a Sub-Committee to conduct a local enquiry. As per the respective communications to each unaided colleges, they were asked to remit a sum of Rs. 4,500/- for the Commission to inspect the colleges and accordingly the said fee was forwarded to the University as per letter dated 28-4-1999 and on other dates mentioned in the other Original Petitions. The Committee visited the colleges on various dates. The Committee submitted reports in favour of the colleges and recommended sanction of the new courses in so far as the respondents/petitioners' colleges are concerned. The reports of the Inspection Committee has also been placed before us at the time of hearing, which have also been marked as Exhibits in all the writ petition. It is seen from the records that all these records were placed before the Syndicate for consideration and the same were considered by the Syndicate on 31-5-1999. Item No. 2 of the Minutes of the Special Syndicate held on 31-5-1999 relates to affiliation of new courses for 1999-2000. It is seen from the Minutes that the Syndicate considered the proposal to start new Courses in the various affiliated colleges on the basis of the Inspection Commission's reports along with the recommendations of the standing committee on affiliation of colleges and Courses of Studies and resolved to recommend the Government to start new Courses in colleges during the academic year 1999-2000 as per list appended. The resolution in regard to the applications made by the unaided colleges under the Kerala University and the resolutions passed by the University were also minuted in the Minutes of the Special Syndicate. The resolution in regard to the application for affiliation of new Courses applied for by the unaided colleges reads as follows :"