Disposed

St. Albert'S College, Ernakulam v. the State of Kerala

Kerala HC19 Jun 2014WP(C)/6626/2014

Case brief

AI extract

What is this about?

The High Court disposed of this writ petition concerning the petitioner's autonomy application. The Court directed the Chancellor of Mahatma Gandhi University to consider a pending appeal by the petitioner regarding the rejection of the autonomy grant recommendation within two months.

What did the court decide?

The Chancellor, Mahatma Gandhi University, to consider the pending appeal (Ext.P10) by the petitioner expeditiously, within two months of receipt of this judgment.

St. Albert'S College, Ernakulam Vs the State of Kerala — Education and Admissions | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

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THURSDAY, THE 19TH DAY OF JUNE 2014/29TH JYAISHTA, 1936

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WP(C).No. 6626 of 2014 (C)

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PETITIONER :-

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ST. ALBERT'S COLLEGE, ERNAKULAM REPRESENTED BY ITS MANAGER, FR. ANTONY ARACKAL KOCHI - 682 018.

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BY ADVS.SRI.BABU VARGHESE (SR.) SRI.V.NARAYANA SWAMI

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RESPONDENTS :-

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1. THE STATE OF KERALA REPRESENTED BY ITS ADDL. CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

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2. AUTONOMY APPROVAL COMMITTEE

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REPRESENTED BY THE SECRETARY OFFICE OF THE ADDL.CHIEF SECRETARY TO GOVERNMENT, HIGHER EDCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3. THE MAHATMA GANDHI UNIVERSITY

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REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS ATHIRAMPUZHA, KOTTAYAM - 686 562.

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4. UNIVERSITY OF KERALA,

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REPRESENTED BY THE REGISTRAR, UNIVERSITY CAMPUS, PALAYAM THIRUVANANTHAPURAM - 695 034.

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5. CALICUT UNIVERSITY REPRESENTED BY THE REGISTRAR

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CALICUT UNIVERSITY CAMPUS P.O., MALAPPURAM DISTRICT PIN - 673 635.

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6. KANNUR UNIVERSITY, REPRESENTED BY THE REGISTRAR

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KANNUR UNIVERSITY CAMPUS, MANGATTUPARAMBU KANNUR - 670 567.

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7. UNIVERSITY GRANTS COMMISSION

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REPRESENTED BY ITS SECRETARY BAHADUR SHAH ZAFAR MARG, NEW DELHI - 110 002.

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8. THE CHANCELLOR OF THE M.G.UNIVERSITY

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RAJ BHAVAN, THIRUVANANTHAPURAM - 695 099

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9. THE MAR IVANIOS COLLEGE,

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THIRUVANANTHAPURAM - 695 015 REPRESENTED BY THE MANAGER

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WP(C).No. 6626 of 2014

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10. THE ST. BERCHMAN'S COLLEGE, CHANGANACHERRY - 686 101, REPRESENTED BY THE MANAGER.

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11. THE RAJAGIRI COLLEGE OF SOCIAL SCIENCES, KALAMASSERRY - 683 104, REPRESENTED BY THE MANAGER

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12. THE CHRIST COLLEGE IRINJALAKUDA - 680 125, REPRESENTED BY THE MANAGER

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13. ST. THOMAS COLLEGE, THRISSUR - 680 001, REPRESENTED BY THE MANAGER

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14. SACRED HEART COLLEGE, THEVARA, KOCHI - 682 013, REPRESENTED BY THE MANAGER

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15. ST. JOSEPH'S COLLEGE, DEVAGIRI, CALICUT - 673 008 REPRESENTED BY THE MANAGER

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16. ST. TERESA'S COLLEGE, ERNAKULAM - 682 011, REPRESENTED BY THE MANAGER

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17. FATIMA MATHA NATIONAL COLLEGE, KOLLAM - 691 001, REPRESENTED BY THE MANAGER

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18. FAROOK COLLEGE, FEROKE, KOZHIKODE - 673 632 REPRESENTED BY THE MANAGER

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19. MES COLLEGE, MAMBAD - 676 542, REPRESENTED BY THE MANAGER

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20. THE PRINCIPAL, MAHARAJA'S COLLEGE, ERNAKULAM - 682 011

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21. THE PRINCIPAL, UNIVERSITY COLLEGE, THIRUVANANTHAPURAM - 695 034.

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22. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.

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R4 BY ADV. SRI.GEORGE POONTHOTTAM,SC,KERALA UTY. R5 BY ADV. SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERS R6 BY ADV. SRI.V.A.MUHAMMED, SC, KANNUR UNIVERSITY R3 BY ADV. DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY R7 BY ADV. SRI.S.KRISHNAMOORTHY, CGC R13 BY ADV. SRI.KURIAN GEORGE KANNANTHANAM (SR.)

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SRI.TONY GEORGE KANNANTHANAM R10 & 12 BY ADV. SRI.BABY ISSAC ILLICKAL R11,R 14,R 15 BY ADV. SRI.THOMAS GEORGE R18 & 19 BY ADV. SRI.A.A.ABUL HASSAN R17 BY ADV. SRI.JOHNSON T. JOHN

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R1 & R2 BY GOVERNMENT PLEADER SMT.SUNITHA VINOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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jvt

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WP(C).No. 6626 of 2014 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS :-

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EXHIBIT P1 : TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT REPORT OF THE PEER TEAM ON INSTITUTIONAL ACCREDITATION OF THE PETITIONER'S COLLEGE.

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EXHIBIT P2 : TRUE COPY OF THE LETTER DATED .4.2006 RECEIVED FROM THE U.G.C.

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EXHIBIT P3 : TRUE COPY OF THE JUDGMENT DATED 30.07.2013 IN WRIT PETITION (C) NO.36613 OF 2008.

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EXHIBIT P3(A) : TRUE COPY OF THE REPORT OF THE RE-ACCREDITATION PEER TEAM DATED 07.11.2009.

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EXHIBIT P4 : TRUE COPY OF THE G.O. DATED 13.09.2013.

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EXHIBIT P5 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE DEPARTMENT OF HIGHER EDUCATION FOR THE GRANT OF AUTONOMY.

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EXHIBIT P6 : TRUE COPY OF THE COLLEGE PROFILE SUBMITTED TO THE INSPECTION TEAM FROM THE HIGHER EDUCATION DEPARTMENT.

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EXHIBIT P7 : TRUE COPY OF THE E-MAIL INTIMATION DATED 13.12.2013 SENT BY THE 1ST RESPONDENT TO THE PRINCIPAL OF THE COLLEGE ON THE VISIT OF THE INSPECTION TEAM.

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EXHIBIT P8 : TRUE COPY OF THE LIST OF COLLEGES SELECTED BY THE 1ST AND 2ND RESPONDENTS FOR GRANTING AUTONOMOUS STATUS AS CONTAINED IN THE LETTER ADDRESSED TO THE VICE-CHANCELLOR, MAHATMA GANDHI UNIVERSITY.

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EXHIBIT P8(A) : TRUE COPY OF LIST OF COLLEGES SELECTED BY THE 1ST AND 2ND RESPONDENTS FOR GRANTING AUTONOMOUS STATUS AS CONTAINED IN THE LETTER ADDRESSED TO THE VICE CHANCELLOR, KERALA UNIVERSITY.

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EXHIBIT P8(B) : TRUE COPY OF THE LIST OF COLLEGES SELECTED BY THE FIRST AND 2ND RESPONDENT FOR GRANTING AUTONOMOUS STATUS AS CONTAINED IN THE LETTER ADDRESSED TO THE VICE-CHANCELLOR, CALICUT UNIVERSITY.

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EXHIBIT P9 : TRUE COPY OF THE GUIDLINES ISSUED BY THE 6TH RESPONDENT FOR GRANTING AUTONOMOUS STATUS TO COLLEGES DURING THE 11TH PLAN PERIOD.

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EXHIBIT P10 : TRUE COPY OF THE APPEAL PETITION DATED 26.12.2013 SUBMITTED BY THE PETITIONER TO THE CHANCELLOR OF THE 2ND RESPONDENT UNIVERSITY.

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EXHIBIT P11 : TRUE COPY OF THE ORDINANACE NO.4 OF 2014 PROMULGATED BY THE GOVERNOR OF KERALA PUBLISHED IN THE KERALA GAZETTE EXTRAORDINARY ON 11.02.2014.

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WP(C).No. 6626 of 2014 (C)

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EXHIBIT P12 : TRUE COPY OF THE LETTER DATED 24.1.2014 SENT BY THE PETITIONER TO THE VICE CHANCELLOR OF THE 3RD RESPONDENT UNIVERSITY.

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EXHIBIT P13 : TRUE COPY OF THE RELEVANT PAGES OF THE "RASHTRIYA UCHCHATAR SHIKSHA ABHIYAN", SCHEME INTRODUCED BY THE MINISTRY OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF INDIA IN SEPTEMBER 2013.

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RESPONDENT(S)' EXHIBITS :-

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EXHIBIT R18(A) : TRUE COPY OF THE DECLARATION DATED 15-9-2009 ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS.

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EXHIBIT R18(B) : TRUE COPY OF THE CERTIFICATE OF ACCREDITATION DATED 8.3.2009 ISSUED BY THE NATIONAL ASSESSMENT AND ACCREDITATION COUNCIL.

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EXHIBIT R19(A) : TRUE COPY OF THE DECLARATION DATED 17-8-2007 ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS.

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EXHIBIT R19(B) : TRUE COPY OF THE CERTIFICATE OF ACCREDITATION DATED 27.3.2011 ISSUED BY THE NATIONAL ASSESSMENT AND ACCREDITATION COUNCIL.

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//TRUE COPY//

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P.A. TO JUDGE

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K. SURENDRA MOHAN, J.

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-----------------------------------W.P.(C) No.6626 of 2014

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Dated this the 19^th day of June 2014

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J U D G M E N T

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The petitioner is an Aided College established and managed by the Latin Arch Diocese of Verapoly. The College has been functioning from the year 1946 onwards. The College had sought for the grant of autonomy by submitting necessary application. The application was recommended by all the concerned authorities and was considered by a Committee constituted by the State Government. However, the Committee did not find the petitioner's institution to be suitable for recommendation to the seventh respondent for the grant of autonomous status. The petitioner has filed this Writ Petition challenging the said action.

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The petitioner has also preferred Ext.P10 before the Chancellor of Mahatma Gandhi University invoking the remedy of appeal provided by clause (4) of Ext.P4 Government Order. Advocate Babu Varghese, the learned Senior Counsel, who appears for the petitioner seeks the issue of appropriate directions for the consideration of Ext.P10, expeditiously. The

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W.P.(C) No.6626 of 2014

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-: 2 :-

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Government Pleader as well as the counsel appearing for the other respondents do not have any objection to such a relief being granted.

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This Writ Petition is therefore, disposed of directing the Chancellor, Mahatma Gandhi University before whom Ext.P10 appeal is pending, to consider the same and to pass appropriate orders thereon in accordance with law, as expeditiously as possible, at any rate, within a period of two months of the date of receipt of a copy of this judgment, after hearing the petitioner as well as the Government.

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Sd/K. SURENDRA MOHAN, JUDGE.

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Jvt

St. Albert'S College, Ernakulam v. the State of Kerala

Case brief

What is this about?

What did the court decide?

St. Albert'S College, Ernakulam v. the State of Kerala

Case brief

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