Allowed

Bsd Education Society, v. State of Kerala

Kerala HC4 Mar 2024WA/2536/2019

Case brief

AI extract

What is this about?

Writ appeal against rejection of permission to start a new aided Arts and Science College in the aided sector, rejected on grounds of a pending Government perspective plan. The Division Bench noted a comparable sanction granted to an SC/ST trust and directed fresh consideration of the appellant's claim as an agency of the backward Nadar community.

What did the court decide?

Appeal allowed; State authority directed to pass fresh orders considering the appellant's object to establish a college in Neyyattinkara Taluk for the Nadar community and the SC/ST precedent.

Bsd Education Society, Vs State of Kerala — Education and Admissions | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 4^TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

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WA NO. 2536 OF 2019

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AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.41845 OF

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2018 OF HIGH COURT OF KERALA

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APPELLANT/S:

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BSD EDUCATION SOCIETY, REG.NO.TVM/TC/1099/2014 OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM, REP BY ITS CHAIRMAN, BDS EDUCATION SOCIETY, NEYYATTINKARA, THIRUVANANTHAPURAM,PIN-695 133

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BY ADVS. S.GOPAKUMARAN NAIR (SR.) SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SRI.K.ARJUN VENUGOPAL P.SREEKUMAR(K/410/1994)

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RESPONDENT/S:

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1 STATE OF KERALA, REP BY THE SECRETARY TO THE DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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*3 THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033. ADDL.R4 IMPLEADED

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4 ADDL.R4: "THE UNIVERSITY GRANTS COMMISSION,BHADUR SHAH ZAFAR MARG,NEW DELHI,REPRESENTED BY TIS SECRETARY ,PIN-110 002. " * IS SUO MOTU

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W.A.No.2536 of 2019

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IMPLEADED AS PER ORDER DATED 7-8-2023 IN W.A.NO.2536/2019. BY ADV S. Krishnamoorthy S

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OTHER PRESENT:

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DR.S.GOPAKUMARAN NAIR (SR) SR.GP.V.TEKCHAND

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.No.2536 of 2019

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JUDGMENT

Dated this the 04^th day of March, 2024

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A.J.Desai, C.J.

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By way of the present writ appeal filed under Section 5 of the Kerala High Court Act, 1958, the appellant has challenged the judgment dated 02.12.2019 in W.P.(C) No.41845 of 2018 by which the learned Single Judge upheld the Government order by which the appellant's application for permission to start a new Arts and Science College in the aided sector was rejected. The Government had rejected the appellant's application mainly for the reason that the Government is in the process of developing a perspective plan on new Arts and Science Colleges and courses and the appellant society's request

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can be considered after the plan becomes effective.

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Heard learned Senior Counsel appearing for the appellant and the learned Government Pleader.

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W.A.No.2536 of 2019

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On behalf of the appellant, it is

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contended that the appellant has been driven to this Court for the third time due to the consecutive rejection of its application for starting a new college, in spite of this Court having interfered with the earlier orders of rejection. It is submitted that, since the need analysis reports are in the appellant's favour, the Government has come out with a new reason, viz, a proposal for a perspective plan on new Arts and Science Colleges. It is contended that while the appellant's application was rejected citing the perspective plan, the application for starting new college submitted by an SC/ST Educational Trust was allowed. It is therefore contended that the impugned order ought to be set aside and the Government directed to grant permission to the appellant to start the college.

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Learned Government Pleader submitted

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that at present, the policy of the Government is to start new colleges only in the Government

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W.A.No.2536 of 2019

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sector and to permit autonomous colleges in the

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co-operative sector. In support of this submission, attention is drawn to Annexure R1(a) Government order dated 20.08.2020.

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It appears from the records that subsequent to Annexure R1(a) order, the Government had issued G.O.(Ms)No.572/2021/HEDN dated 02.12.2021, granting permission to the Malayaraya Educational Trust, an educational agency belonging to the Aikyamalayara Mahasabha to start a new aided college for the academic year 2021-22 with the courses 'B.A. Economics', 'B.Sc. Food Science and Quality Control' in the name 'Tribal Arts and Science College, Nadukani'.

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Considering the fact that the Government has granted sanction to start a new SC/ST aided college, in spite of its policy being to start new colleges only in the Government sector and to permit autonomous colleges only in the cooperative sector, we are of the opinion that the case of the appellant, an educational agency

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W.A.No.2536 of 2019

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representing the Nadar Community, one of the backward communities in the State, can also be considered on the basis of G.O.

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(Ms)No.572/2021/HEDN dated 02.12.2021.

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Hence, we allow this appeal with the

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following directions;

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The State Authority shall pass fresh orders keeping in mind that the object of the appellant is to establish the College in Neyyattinkara Taluk where the Nadar Community is one of the most dominant communities and the fact that, permission has been granted to SC/ST community as per G.O.(Ms)No.572/2021/HEDN. The said exercise shall be undertaken at the earliest.

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Sd/-

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A.J.Desai Chief Justice

sd/-

V.G.Arun Judge

Scl/

W.A.No.2536 of 2019

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APPENDIX OF WA 2536/2019

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RESPONDENT ANNEXURES

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Annexure R4(a) True copy of the University Grants Commission (Affiliation of colleges by Universities) Regulations 2009

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Annexure R4(b) True copy of the University Grants Commission (Affiliation of colleges by Universities) (1st Amendments) Regulations 2012

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PETITIONER ANNEXURES

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Annexure-A True copy of the title deed No.1474 of 2023 dated 29.11.2023 of the S.R.O., Neyyattinkara along with English Translation

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Annexure -B True copy of the G.O.(Ms) No. 572/2021/HEDN dated 2.12.2021 along with English Translation

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RESPONDENT ANNEXURES

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Annexure R1(a) True copy of G.O(MS) 299/2020/HEDN dated 20/082020 Annexure R1(b) True copy of judgement dated 14/02/2023 in WPC 40766/2022 Delay Petition Petition to condone the delay in filing counter Affidavit

Bsd Education Society, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bsd Education Society, 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

Statutes considered

Parties & counsel

Coram

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