MUSLIM EDUCATIONAL SOCIETY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is an aided college conducting several courses. They wanted to start a new course in their college by name "M.Sc. Food Science and Technology" which is referred to by the University as well as the University Grants Commission (for short "U.G.C") as an 'innovative course'. In Kerala the only other institution which offers that course is the University Centre of the University of Calicut. The petitioner applied to the Government for sanction for starting that course, By Ext.PI order dated 18.10.2002, the Government of Kerala accorded sanction to the petitioner's college for starting the course "M.Sc Food Science and Technology". But the petitioner could not start the course that year because they could not afford the huge expenditure required for starting that course. Later on, they sought financial assistance from the U.G.C for starting the course.

(2.) By Ext.P2 order dated 27.06.2005, the University Grants Commission accorded sanction for financial assistance to the petitioner's college for starting the said course. Financial assistance of Rs. 23 lakhs for nonrecurring expenditure and Rs. 9 lakhs for recurring expenditure along with the salary for one Lecturer for a period of five years was sanctioned by the UGC subject to the terms and conditions mentioned therein. Two of the conditions were 5 (c) and 9 of Ext.P2. Under Clause 5 (c), the petitioner was required to give an assurance from the petitioner that the approved course will continue even after the UGC assistance to the programme ceases. Under Clause 9, the college was required to takeover the recurring liability of the staff sanctioned, if any, under the programme and other recurring liabilities, after the UGC assistance to the programme ceases on completion of the approved duration, By Ext.P3 order dated 24.10,2005, the Government again accorded sanction to the petitioner for starting the above said course from the year 2005-06 onwards, subject to affiliation by the University of Calicut. In Ext.P3, the Government specifically stipulated that, the management of the College shall run the course meeting the expenditure from its own resources, even after cessation of the UGC assistance. Pursuant thereto, the petitioner submitted Ext.P4 undertaking, in terms of Clauses 5 (c) and 9 of Ext.P2, By Ext.PS, the University granted provisional affiliation to the petitioner to start the above said course under the innovative programme of UGC with intake of 12 students, during the academic year 2005-06. In the same, it is specifically recorded that, the Principal, Secretary & Correspondent of the College had executed an agreement to the effect that they will continue the course even after the UGC assistance to the programme ceases. By Ext.P6, the petitioner accepted the terms and conditions' for starting the course stipulated by the UGC, the Government and the University. By Ext.P , the University continued the affiliation for the said programme for the year 2006-07. By Exts.P A and P7 B, the affiliation was continued till the academic year 2009-10. By Ext.P8 dated 16.12.2009, the University informed the Principal of the College that, the Syndicate had decided that continuation of provisional affiliation need not be granted for M.Sc Food Science and Technology Course in the petitioner's college as a self financing course after the cessation of financial assistance from the UGC and directed the petitioner to apply for affiliation for this course afresh. According to the petitioner, although under law they were not obliged to apply for affiliation afresh, they submitted an application under cover of Ext.P8 (A) letter dated 30.12.2009 specifically mentioning therein that they are not legally-bound to apply for affiliation afresh but is applying as directed by the University. By Ext. PIO dated 31,01.2009, the University informed the petitioner that, no extension of affiliation will be granted to the innovative course as they were sanctioned by UGC for a fixed period and therefore no students shall be admitted to the self-financing courses with effect from 2009-10 admissions. But by Ext.PIO (A) dated 24.04.2009, the University granted affiliation for the year 2009-10 also, But thereafter affiliation is not being extended is one of the grievances of the petitioner in this writ petition. The petitioner has another grievance also regarding another course. By Ext.Pll dated 26.10.2004, the petitioner was granted affiliation for another self-financing course ie. B.A. Mass Communication with Economics and Translation as Subsidiaries for the academic year 2004-05, That affiliation was being extended from year to year till 200940, as evidenced by Exts.P11 (A), P11(B) & P11(C), The petitioner applied for extension of affiliation by Ext.P14 application, which is not being sanctioned is the grievance of the petitioner in respect of that course. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs:

(3.) The University has filed a counter affidavit. Instead of summarizing their contentions, I shall extract the relevant paragraphs of their counter affidavit. The same reads as follows: