The General Secretary vs Mahatma Gandhi University
2021 Latest Caselaw 2576 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                   WP(C).No.844 OF 2021(E)


PETITIONER :-

            THE GENERAL SECRETARY
            INDIRA GANDHI MEMORIAL TRUST,
            NELLIKKUZHI P.O, KOTHAMANGALAM - 686 691.

            BY ADVS.
            SRI.KURIAN GEORGE KANNANTHANAM (SR.)
            SRI.P.M.SANEER
            SRI.TONY GEORGE KANNANTHANAM


RESPONDENTS :-

      1     MAHATMA GANDHI UNIVERSITY
            (REPRESENTED BY ITS REGISTRAR),
            PRIYADARSHINI HILLS, KOTTAYAM - 686 560.

      2     THE VICE CHANCELLOR,
            MAHATMA GANDHI UNIVERSITY,
            PRIYADARSHINI HILLS, KOTTAYAM - 686 560.

            BY ADV. SRI.ASOK M.CHERIAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.01.2021, THE COURT ON 22.01.2021 DELIVERED THE
FOLLOWING:
 WP(C).No.844 OF 2021(E)

                                    -: 2 :-

                           ANU SIVARAMAN, J.
                        --------------------------------
                         W.P.(C) No.844 of 2021
             ------------------------------------------------------
             Dated this the 22nd day of January, 2021

                                JUDGMENT

This writ petition is filed seeking directions to the 1 st

respondent University to permit the petitioner to effect admission

to the B.Sc Food Technology and Quality Assurance course from

2020-21 itself.

2. Heard the learned Senior Counsel for the petitioner, the

learned Government Pleader and the learned Standing Counsel

appearing for the University.

3. It is contended by the learned Senior Counsel that the

college is eligible to make admissions to the newly sanctioned

course for the academic year 2020-21 itself. It is submitted that

affiliation has been granted by the University in respect of the year

2020-21 and therefore, the condition stipulated that admissions can

be made only in the next academic year is completely

unsustainable. It is submitted that it was only due to the delay in

issuing the notification inviting applications for affiliation and the

resultant delay in considering the applications that the affiliation

was delayed till 6.1.2021. It is contended that since the last date WP(C).No.844 OF 2021(E)

for completion of admissions had been extended to 23.12.2020 and

since there is still time remaining for completing the 90 days of

classes required for the semester, the petitioner is liable to be

permitted to make admissions to the course for which affiliation

was granted in this year itself. It is contended that the semester

examinations are conducted by the University only after long

delays and that there is no basis for the apprehension that the

petitioner will not be able to conduct the necessary classes for

completing the syllabus.

4. A statement has been placed on record by the

respondent University. It is submitted that the admission process

for the UG programmes under the respondent University was

commenced on 28.7.2020 through the Centralised Allotment

Process and classes started on 22.10.2020. It is submitted that

thereafter, applications were invited from Government and aided

colleges for granting of new generation and interdisciplinary

programmes by Annexure I dated 6.10.2020. Annexure II

Ordinance was issued extending the time to receive and consider

applications for affiliation of new courses in affiliated colleges for

the academic year 2020-21 by one month. It is stated that the

managements of self financing colleges requested the University to WP(C).No.844 OF 2021(E)

allow them to submit applications for affiliation of courses in the

light of Annexure II Ordinance. It was thereafter that Ext.P1

notification was issued on 13.10.2020 inviting applications from

unaided colleges for starting the programmes for which scheme

and syllabus are already available. Pursuant thereto, the petitioner

applied for B.Sc Food Technology and Quality Assurance Course,

the syllabus for which was already available and the Inspection

Commission constituted on 23.10.2020 conducted inspections and

sent recommendations for issuance of administrative sanction. It is

stated that administrative sanction was granted on 5.11.2020,

prescribing that the management will execute an agreement with

the Government. The petitioner Management submitted copy of

the agreement and affidavit as required by the Government to the

University on 30.12.2020 and affiliation was, therefore, granted by

Ext.P9 order dated 6.1.2021. It is stated that by the time the

University had closed admissions to all UG Programmes on

23.12.2020 and as per Ext.P10 academic calendar, the first

semester is to end on 26.2.2021 and exams will commence on

27.2.2021. The examination calendar is also produced as Annexure

III, which would show that as presently advised, the University

intends to conduct examinations to the first semester of the 2020 WP(C).No.844 OF 2021(E)

admission before 16.3.2021 and to publish the results in the 1 st

week of June, 2021. It is further submitted that the college will be

permitted to commence classes in the next academic year and that

the petitioner was already granted one new course in the academic

year 2020-21 and that the present affiliation is only for a course

which has been sought for out of time and that students would be

put to difficulties if this course is permitted to be started in this

academic year.

5. Having considered the contentions advanced on either

side, I notice that the classes for the first year UG Programmes had

started on 22.10.2020. It is stated that the entire admission

procedure had been completed and admissions closed on

23.12.2020. It was only on account of the extension of time by

Annexure II University Laws (Amendment) Ordinance, 2020 and in

consideration of a request made by self financing colleges that

Ext.P1 notification was issued on 13.10.2020. Though it is true

that the applications received and the administrative sanction

accorded were for starting new courses or additional batches

during the academic year 2020-21, by the time the proceedings

were completed and affiliations granted on 6.1.2021, the

admissions to undergraduate programmes in colleges affiliated to WP(C).No.844 OF 2021(E)

the University had already closed. Ext.P8 letter would show that it

was only on 30.12.2020 that the copy of the agreement signed with

the Government was submitted by the college before the

University. Ext.P10 academic calendar and Annexure III

examination calendar published by the University would show that

the classes are to be conducted for the first semester

undergraduate courses from October, 2020 to the end of February,

2021 and the examinations are to be completed by mid March,

2021. The fact that the University had extended the dates for

conduct of the examinations in earlier years cannot be a ground to

enable the petitioner to carry out admissions in the current year

itself, de hors the specific condition provided in Ext.P9 that the

admissions are liable to be made only in the next academic year. In

view of the fact that the admissions to all undergraduate

programmes had already been completed on 23.12.2020, I am of

the opinion that the prayers sought for in the writ petition cannot

be granted.

The writ petition fails and the same is, accordingly,

dismissed.

Sd/-

ANU SIVARAMAN JUDGE Jvt/21.1.2021 WP(C).No.844 OF 2021(E)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 13.10.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE COVERING LETTER DATED 14.10.2020 FORWARDING THE APPLICATION IN THE PRESCRIBED FORMAT.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 23.10.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER DATED 5.11.2020 ISSUED BY THE GOVERNMENT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 8.12.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 16.12.2020 ISSUED BY THE UNIVERSITY.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 21.12.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 30.12.2020 ISSUED BY THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 6.1.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE REVISED ACADEMIC COLANDER FOR 2020-21 ON 23.11.2020.

//TRUE COPY//

P.A. TO JUDGE