Disposed

St.Michaels College v. State of Kerala

Kerala HC24 Sept 2020WP(C)/15729/2020

Case brief

AI extract

What is this about?

Petitioner college sought writ remedy for University's rejection of its request to conduct B-Voc courses in self-financing stream. Court directed petitioner to apply for No Objection Certificate for the same.

What did the court decide?

Directed petitioner to make appropriate application for No Objection Certificate for conducting courses under self-financing stream within one month; Government to decide within one month after afford

St.Michaels College Vs State of Kerala — Education and Admissions | Kerala HC (2020)

¶1

WP(C).No.15729 OF 2020(M)

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶6

THURSDAY, THE 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA, 1942

¶7

WP(C).No.15729 OF 2020(M)

¶8

PETITIONER/S:

¶9

1 ST.MICHAELS COLLEGE CHERTHALA, ALAPPUZHA DISTRICT 688 539 REPRESENTED BY ITS MANAGER, , FR. NELSON THAIPARAMBIL.

¶10

2 REV. FR. NELSON, MANAGER,

¶11

ST. MICHAELS COLLEGE CHERTHALA, ALAPPUZHA 688 539

¶12

BY ADVS.

¶13

SRI.LIJU.V.STEPHEN SMT.INDU SUSAN JACOB

¶14

RESPONDENT/S:

¶15

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001

¶16

2 UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, PALAYAM, THIRUVANANTHAPURAM 695 034

¶17

3 THE UNIVERSITY OF GRANTS COMMISSION (UGC) BAHADUR SHAH ZAFAR MARG, NEW DELHI 110 002 REPRESENTED BY ITS SECRETARY

¶18

R2 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA R3 BY SRI.S.KRISHNAMOORTHY, CGC

¶19

OTHER PRESENT:

¶20

GP - SRI. P.G.PRAMOD

¶21

WP(C).No.15729 OF 2020(M)

¶22

¶23

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶24

WP(C).No.15729 OF 2020(M)

¶25

¶26

AMIT RAWAL, J.

¶27

========================

¶28

W.P.(C) No.15729 of 2020

¶29

======================== Dated this the 24^th day of September 2018 JUDGMENT

¶30

The first petitioner, St.Michael's College, Cherthala, aggrieved by Ext.P8 communication dated 8.5.2019 issued by the Kerala University, Thiruvananthapuram rejecting petitioner's request for permission for conducting the B-Voc Courses in the self financing stream and decision not to include the said course in the online admission portal for the year 2020-2011, has approached this Court through instant writ petition. The facts for the disposal of the writ petition are as follows:

¶31

The first petitioner is a Christian Minority Educational Institution conducting Graduate and Post Graduate Degree Courses, affiliated to the University of Kerala. It was granted sanction by the University Grants Commission ( UGC) to start Bachelor of Vocational Courses for the year 2014-15. The course was conducted for the first three years with the financial assistance from the UGC and thereafter for the academic years 2018 and 2019-2020 with its own fund. Under the National Skill Qualification Framework (NSQF), (UGC) launched a scheme for skills development based Higher Education by introducing Bachelor of Vocation Program, in Universities and

¶32

WP(C).No.15729 OF 2020(M)

¶33

¶34

Colleges. Accordingly, petitioner applied to UGC for introduction of B- VOc Programme in its College, which was duly approved vide communication dated 5.5.2014, Ext.P1.

¶35

Learned Counsel appearing for the petitioners submits that in Ext.P2 letter dated 24.7.2014, assurance to the effect that courses will continue even after the UGC assistance ceases, was given by approaching Government for obtaining approval for conversion of the courses to aided stream. Vide Communication dated 22.7.2019, Ext.P4, the 2^nd respondent while permitting continuance of the B-Voc programme for the academic year 2019-2020 directed the 1^st petitioner college to proceed further for obtaining government concurrence for the continuance of the course. It was next contended that 1^st respondent granted sanction to twelve (12) colleges affiliated to Mahatma Gandhi University to start the UGC assisted B-Voc courses from the academic year 2018-19 subject to the condition that the colleges may continue the course in the Self Financing stream by executing an agreement with the government on cessation of UGC assistance. Accordingly petitioner made representation, Ext.P7 to the 2^nd respondent University seeking permission for conducting the B.Voc Courses in the self-financing stream with effect from 20202021. However, the same has been rejected by the 2^nd respondent University by taking a decision not to include the said courses in the online admission portal for the year 2020-2021.

¶36

WP(C).No.15729 OF 2020(M)

¶37

¶38

On the other hand, Learned Counsel for the University relies upon the communication, Ext.P8 dated 8.6.2020 and submits that decision of the Syndicate is, not to conduct UGC aided B.Voc courses in Self Financing Stream, but the College is not prevented from approaching the Government, which they have not done so far and urges this Court for the dismissal of the writ petition.

¶39

At this stage learned Government Pleader submitted that, if the College makes an appropriate application as has been done by other colleges, Government would not be averse in taking a decision in accordance with law.

¶40

I have heard learned Counsel for the parties and appraised the paper books.

¶41

The facts as narrated above are not in dispute. Considering the facts and circumstances of the case, I am of the view that the University though had decided not to release funds, but ought to have considered Ext.P7 representation. Be that as it may, I deem it appropriate to dispose of this writ petition by issuing direction to the petitioner to make appropriate application for No Objection Certificate (NOC) for conducting courses under self financing stream as per the prevailing guidelines or the norms, as has been done in Ext.P5, whereby the Government granted permission to one Sullamussalam Science College, Areacode and various other

¶42

WP(C).No.15729 OF 2020(M)

¶43

¶44

colleges. If the petitioner makes such application within one month from today, the Government shall take a call on the same within one month thereafter, after affording an opportunity of hearing to the petitioner.

¶45

Writ petition disposed of accordingly.

Sd/

AMIT RAWAL JUDGE

jm/

WP(C).No.15729 OF 2020(M)

¶50

¶51

APPENDIX

¶52

PETITIONER'S/S EXHIBITS:

¶53

EXHIBIT P1 A TRUE ISUED B	COPY OF THE Y THE 3RD R	ORDER DATED 05-05-2014 ESPONDENT.
EXHIBIT P2 A TRUE ISSUED	COPY OF THE BY THE 2ND	ORDER DATED 24-07-2014 RESPONDENT
EXHIBIT P3 A TRUE ISSUED	COPY OF THE BY THE 2ND	ORDER DATED 07-02-2015 RESPONDENT.
EXHIBIT P4 A TRUE ISSUED	COPY OF THE BY THE 2ND	ORDER DATED 22-07-2019 RESPONDENT
EXHIBIT P5 A TRUE ISSUED	COPY OF THE BY THE 1ST	ORDER DATED 16-05-2018 RESPONDENT
EXHIBIT P6 A TRUE ISSUED	COPY OF THE BY THE 1ST	ORDER DATED 08-05-2019 RESPONDENT
EXHIBIT P7 A TRUE 01-2020 2ND RES	COPY OF THE MADE BY TH PONDENT UNI	REPRESENTATION DATED 14- E 2ND PETITIONER TO THE VERSITY
EXHIBIT P8 A TRUE ISSUED	COPY OF THE BY THE 2ND	ORDER DATED 08-06-2020 RESPONDENT.

St.Michaels College v. State of Kerala

Case brief

What is this about?

What did the court decide?

St.Michaels College v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

T.I.Raju Vs the Managing Director, Kerala Water Authority

Kovval Mohammed Kunhi Vs the State of Kerala

P.S.Abdul Nazar, Vs State of Kerala

M/S. Pee Vee Enterprises Vs the Commercial Tax Officer

Kerala State Ex Service League Vs Central Board of Excise and Customs

Rajasree Motors Pvt.Ltd. Vs State of Kerala