St.Berchman’S College ... vs Mahatma Gandhi University
2023 Latest Caselaw 10277 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR. JUSTICE T.R.RAVI
        Thursday, the 21st day of September 2023 / 30th Bhadra, 1945
                        WP(C) NO. 13158 OF 2023 (T)
PETITIONERS:

  1. ST.BERCHMAN'S COLLEGE (AUTONOMOUS), CHANGANASSERY, KOTTAYAM- 686101
     REPRESENTED BY ITS MANAGER REV.DR.JAMES PALACKAL
  2. PRINCIPAL, ST.BERCHMAN'S COLLEGE (AUTONOMOUS), CHANGANASSERY,
     KOTTAYAM - 686101 (BY ITS PRESENT PRINCIPAL REV FR. REJI P. KURIAN)

RESPONDENTS:

  1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR PRIYADARSINI
     HILLS P.O, KOTTAYAM - 686560
  2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY PRIYADARSINI HILLS P.O,
     KOTTAYAM - 686560
  3. UNIVERSITY GRANTS COMMISSION (UGC), REPRESENTED BY ITS SECRETARY
     BAHADUR SHAH ZAFAR MARG, NEW DELHI - 110002
  4. PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT
     GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695001


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to allow the petitioners to commence B.A. Corporate Economics
Programme proposed vide Ext.P9 and also additional batch for MSW & BCA
proposed vide Ext.P11 & Ext.P11 (a) in the St.Berchman's College
(Autonomous) Changanassery, from the academic year 2023-24, provisionally,
pending disposal of the Writ Petition.

     This writ petition again coming on for orders upon perusing the
petition and the affidavit filed in support of WP(C) and this Court's
order dated 05.06.2023 and upon hearing the arguments of M/S. ISAAC
KURUVILLA ILLIKAL & BABY ISSAC ILLICKAL, Advocates for the petitioners,
SRI.SURIN GEORGE IPE, STANDING COUNSEL for R1 & R2(B/O) and of SRI.S.
Krishnamoorthy ,STANDING COUNSEL for R3 and of GOVERNMENT PLEADER for R4,
the Court passed the following:
                                       T.R.RAVI, J.
                       ---------------------------------------------
                             W.P(C) No.13158 of 2023
                   ------------------------------------------------------
                   Dated this the 21st day of September, 2023.

                                      ORDER

The contention of the petitioners is that going by the

judgment of a learned Single Judge of this Court affirmed by a

Division Bench, the question of starting of a self financing

course in an aided autonomous college is very much within

the realms of the University and the College and the State

Government has really no role to play.

The counsel for the University to get instructions

regarding the aspect and also regarding the order issued by

the University as No.7627/ACB7/2023/M.G.U dated

13.07.2023 whereby in the case of a similarly situated aided

autonomous college such course was permitted to be started.

Post on 28.09.2023.

Sd/-

T.R.RAVI JUDGE LEK

21-09-2023 /True Copy/ Assistant Registrar