MOHAMMED SHIBIL P.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these two cases - which require to be dealt with together on account of the analogous facts and circumstances involved and the similarity of the reliefs pleaded' seek admissions to the various Universities in Kerala under the Distance Education Programmes. They say that, however, the Government of Kerala has now issued an order virtually injuncting all Universities, apart from the Sree Narayanaguru Open University ('Open University' for short), from conducting such programmes; and thus pray that same be set aside and they be allowed to enroll in the Distance Education Programmes to be conducted by the other Universities in Kerala.

(2.) Sri.George Poonthottam ' learned Senior Counsel, instructed by Smt.Ann Maria Francis ' learned counsel appearing for the petitioners in W.P(C)No.24052 of 2022, submitted that his clients have assailed Ext.P5 order of the Government dtd. 9/6/2022, as also Ss. 47(2) and 72 of the Sree Narayanaguru Open University Act, 2021 (hereinafter referred to as 'the Act' for short), because both these run contrary to the constitutional guarantees of his clients' right to higher education. He submitted that the 'Act' to the extent impugned, creates monopoly; while, the order of the Government forges the situation where neither the 'Open University' or the other Universities are able to conduct Distance Education Programmes. He argued that since the 'Open University' has yet not obtained the imperative approval from the University Grants Commission (UGC), they are now incapacitated from conducting the Programmes; but, on account of the impugned order of the Government dtd. 9/6/2022, the other Universities are also forbidden from doing so. He thus prayed that these writ petitions be allowed.

(3.) Smt.P.A.Jenziya ' learned counsel appearing for the petitioners in W.P(C)No.25807 of 2022, adopted the afore submissions of Sri.George Poonthottam, adding that, on account of the delay now being caused, the petitioners are being put to irreparable prejudice.