Vinil Varghese vs State Of Kerala
2021 Latest Caselaw 6147 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

           FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                           WP(C).No.4366 OF 2021(U)


PETITIONER:

                 VINIL VARGHESE
                 AGED 50 YEARS
                 MANAGER, S.E.S. COLLEGE, SREEKANDAPURAM,
                 KANNUR DISTRICT 670 631.

                 BY ADV. SRI.GEORGE MECHERIL

RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 690 001.

2 THE KANNUR UNIVERSITY, THAVAKKARA, KANNUR DISTRICT 670 002, REPRESENTED BY ITS REGISTRAR.

OTHER PRESENT:

SRI. M.A.ASIF - SPL.GP, SRI. M.SASINDRAN - SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.4366 OF 2021(U)

JUDGMEN T

The petitioner, who is stated to be the Manager of "SES

College", Sreekandapuram, Kannur, has approached this Court

seeking a direction to the 1st respondent - Government to

consider Exts.P2 and P7 recommendations of the University of

Kannur and to sanction at least one course each, as

recommended therein, taking note of Exts.P8, P9 and P10

orders, within a time frame to be fixed by this Court.

2. However, in answer to the afore submissions of

Sri.George Mecheril, learned counsel for the petitioner, the

learned Special Government Pleader, Sri.M.A.Asif, submitted

that, as could be seen from Ext.P5, the University has

specifically mandated that the four year and five year

programmes in any College can be commenced only if they are

able to achieve the NAAC accredited Score of 3.26 or higher; or

NIRF ranking under 100. The learned Special Government

Pleader submitted that even as per the declarations made by the

petitioner, which is available in Ext.P6, their NAAC accredited

score is only 2.55; and therefore, that Government has not

considered Exts.P2 and P7 recommendations until now. He WP(C).No.4366 OF 2021(U)

added that if the College is able to improve their NAAC

accredited score, the Government will consider their case at the

appropriate time.

3. In reply, Sri.George Mecheril, learned counsel

appearing for the petitioner, refuted the afore submissions of

Sri.M.A.Asif, by saying that Kannur University has issued

another notification dated 21.09.2020, whereby, the time frame

for making applications has been extended and it has been made

clear therein that the NAAC accredited Score or NIRF ranking

is not relevant. He, therefore, prayed that this writ petition be

ordered and the Government be directed to consider Exts.P2

and P7 recommendations at the earliest.

4. When I assess the afore submissions, it is without

doubt that the parties are at divergence as to whether the

NAAC accredited score or NIRF ranking are relevant at the

time when the "New Generation courses" are to be considered

for sanction.

5. I am, therefore, of the view that it will not be justified

for this Court to enter into a conclusive decision on these

aspects, since it is obvious that, going by the applicable Rules WP(C).No.4366 OF 2021(U)

and Regulations, it is for the Government to take a decision on

this at the first instance.

In the afore circumstances, I order this writ petition and

direct the 1st respondent to take up Exts.P2 and P7

recommendations made by the Kannur University and to

consider the same, after affording an opportunity of being heard

to the petitioner - either physically or through video

conferencing - thus culminating in an appropriate order thereon,

as expeditiously as is possible but not later than three weeks

from the date of receipt of a copy of this judgment.

Needless to say, while the afore exercise is completed, the

Government will consider every circular which is applicable,

including the one aforementioned by Sri.George Mecheril.

SD/-

                                                   DEVAN RAMACHANDRAN

rp                                                            JUDGE
 WP(C).No.4366 OF 2021(U)






                                   APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE APPLICATION FILED BY THE
                           PRINCIPAL OF S.E.S COLLEGE.

EXHIBIT P2                 TRUE COPY OF THE COMMUNICATION DATED 12/11/2019

OF THE 2ND RESPONDENT ADDRESSED TO THE FIRST RESPONDENT THROUGH THE DIRECTOR OF COLLEGIATE EDUCATION.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 25-11-219 OF THE 2ND RESPONDENT ADDRESSED TO THE PRINCIPAL, S.E.S COLLEGE.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 12/12/2019.

EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 18/9/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE APPLICATION FILED ON 23/9/2020 BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF COMMUNICATION DATED 9.10.2020 OF THE 2ND RESPONDENT ADDRESSED TO THE FIRST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE G.O.(MS) NO. 38/2020/H.EDN.

DATED 5.11.2020.

EXHIBIT P9 TRUE COPY OF THE G.O.(MS) NO. 112/2021/H.EDN.

DATED 17.2.2021.