Kerala High Court
Principal, M.E.S. Mampad College ... vs University Of Calicut on 1 April, 2026
2026:KER:31241
1
WP(C) No. 14356 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948
WP(C) NO. 14356 OF 2020
PETITIONERS:
1 PRINCIPAL, M.E.S. MAMPAD COLLEGE (AUTONOMOUS)
MAMPAD COLLEGE P.O, MALAPPURAM 676 542 (BY ITS
PRESENT PRINCIPAL ANAS E)
2 CORPORATE MANAGER,
M.E.S AIDED COLLEGES, M.E.S WOMENS COLLEGE
BUILDING, NADAKKAVU, KANNUR ROAD, CALICUT 673
011 (BY ITS PRESENT CORPORATE MANAGER P.H
MOHAMMED)
BY ADVS.
SRI.BABY ISSAC ILLICKAL
SRI.ISAAC KURUVILLA ILLIKAL
RESPONDENTS:
1 UNIVERSITY OF CALICUT
REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY
P.O, THENHIPALAM, MALAPPURAM 673 635
2 VICE CHANCELLOR,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O,
THENHIPALAM, MALAPPURAM 673 635
3 UNIVERSITY GRANTS COMMISSION (UGC)
REPRESENTED BY ITS SECRETARY, BAHADUR SHAH ZAFAR
MARG, NEW DELHI 110 002
BY ADV SRI.S.KRISHNAMOORTHY, CGC
SRI.P.C.SASIDHARAN,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:31241
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WP(C) No. 14356 of 2020
JUDGMENT
Dated this the 1st day of April, 2026 The writ petition is preferred seeking a direction to consider Ext.P6 representation submitted by the petitioner for commencing new programmes during the academic year 2020- 21, namely B.Sc. Botany, M.Sc. Physics and Master of Communication in Journalism (MCJ). By Ext.P7 communication, the petitioner was informed that the proposal had been considered by the University and was decided to be kept in abeyance until a decision is taken in the meeting of the Monitoring Committee for Autonomous Colleges, which was to be convened shortly.
2. In this regard, the learned counsel appearing for the petitioner submitted that, in similarly situated cases, the respective parties had approached this Court by filing W.P. (C) No. 38450 of 2018 and connected cases, which were disposed of by a common judgment. In the said common judgment, this Court, after considering the issues raised by the parties, the provisions of the UGC Regulations, 2018, and the provisions of Chapter VIIIB of the Calicut University Act, 1975, and also following the judgment of this Court in Principal, 2026:KER:31241 3 WP(C) No. 14356 of 2020 Rajagiri College of Social Sciences, Kakkanad v. M.G. University & Ors. [2016 (4) KHC 489], issued the following directions:
" 30. Any delay in taking a decision on the proposal will be contrary to the very purpose for which the colleges are conferred with autonomous status. The University is duty bound to encourage commencement of innovative academic programmes in such colleges. In view of these guidelines and Regulations 2018, the role of the University is as provided in Section 68(Q), according to which the proposal cannot be rejected except when the programme does not conform to that of a programme under the University or if it is lower in standard.
31. Therefore, the Board of Studies are only supposed to take a decision on the proposal relating to the academic programme strictly in tune with the proviso to Sub Section (3) of Section 68Q. Therefore these writ petitions are liable to be allowed.
The University shall place the proposals of the Governing Councils of the respective colleges again before the Board of Studies for approval of the academic programmes, for a decision afresh in accordance with Section 68Q(3) of Chapter VIIIB of the Calicut University Act, in tune with the judgment in Rajagiri College (supra) and the University shall communicate the decision to the Colleges within the statutory period, without insisting application for affiliation."
3. Being aggrieved by the common judgment, the University preferred Writ Appeal Nos. 2388 of 2019 and connected cases. However, the writ appeals were dismissed 2026:KER:31241 4 WP(C) No. 14356 of 2020 without interfering with the directions issued by the learned Single Judge. The issue involved in the present case is also squarely covered by the aforesaid judgments.
Under such circumstances, there shall be a direction to the respondent University to consider Ext.P6 proposal submitted by the petitioner as expeditiously as possible, in the light of the common judgment referred to above.
Accordingly, the writ petition is disposed of.
sd/-
P.M.MANOJ JUDGE das 2026:KER:31241 5 WP(C) No. 14356 of 2020 APPENDIX OF WP(C) NO. 14356 OF 2020 PETITIONER EXHIBITS EXHIBIT P1 PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS DT 17-08-2017 EXHIBIT P2 PHOTOCOPY OF THE ORDER OF THE 1ST RESPONDENT GRANTING AUTONOMOUS STATUS TO THE COLLEGE PURSUNAT TO ORDER OF THE 3RD RESPONDENT DATED 20-11-2015 EXHIBIT P3 PHOTOCOPY OF THE UGC GUIDELINES FOR AUTONOMOUS COLLEGES DURING THE XII PLAN PERIOD EXHIBIT P4 PHOTOCOPY OF THE UGC GUIDELINES FOR AUTONOMOUS COLLEGES 2017 EXHIBIT P5 PHOTOCOPY OF THE SAID UGC REGULATIONS 2018 EXHIBIT P6 PHOTOCOPY OF THE COMMUNICATION DT 02- 03-2020 TO THE 1ST RESPONDENT EXHIBIT P7 PHOTOCOPY OF THE ORDER OF THE 1ST RESPONDENT DT 15-06-2020 EXHIBIT P8 PHOTOCOPY OF THE JUDGMENT DT 19-06-2020 IN W.P[(C) 33822/2019 EXHIBIT P9 PJHOTOCOPY OF THE LETTER OF THE UGC DATED 02-04-2018 EXHIBIT P10 PHOTOCOPY OF THE JUDGMENT REPORTED IN THE PRINCIPAL, RAJAGIRI COLLEGE OF SOCIAL SCIENCES B. M.G UNIVERSITY AND ORS 2016 (4) KHC 489 EXHIBIT P11 PHOTOCOPY OF THE JUDGMENT OF THIS DIVISION BENCH OF THIS HON'BLE COURT IN W.A NO. 1708/2016 DT 08-09-2016 EXHIBIT P12 PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO. 28511/2018 DT 03-04-2019 EXHIBIT P13 PHOTOCOPY OF THE JUDGMENT IN W.P(C) NO.
20279/2017 DT 29-11-2019