Kerala High Court
All Kerala Engineering Institute ... vs University Grants Commission on 18 February, 2013
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY,THE 13TH DAY OF DECEMBER 2016/22ND AGRAHAYANA, 1938
WP(C).No. 19782 of 2015 (W)
----------------------------
PETITIONER :
---------------------
ALL KERALA ENGINEERING INSTITUTE ASSOCIATION,
REG. NO. EKM/TC/132/2013, N.C.M.S ATHIRAMBU LANE,
KALOOR, KOCHI- 682 017,
REPRESENTED BY ITS SECRETARY,
ANOOP S. KRISHNAN.
BY ADVS.SRI.A.RAJASIMHAN
SRI.K.NIRMALAN
RESPONDENT(S):
---------------------------
1. UNIVERSITY GRANTS COMMISSION,
BAHADUR SHAH ZAFAR MARG,
NEW DELHI - 110 002,
REPRESENTED BY ITS SECRETARY.
2. KARNATAKA STATE OPEN UNIVERSITY,
MUKTHAGANGOTRI, MYSORE - 570 006,
REPRESENTED BY ITS REGISTRAR.
3. STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
4. CALICUT UNIVERSITY, THENJIPPALAM,
MALAPPURAM - 673 635,
REPRESENTED BY ITS REGISTRAR.
2/-
-2-
WP(C).NO.19782/2015
5. SECRETARY TO GOVERNMENT OF KERALA,
DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
R1 BY ADV. SRI.S.KRISHNAMOORTHY, CGC
R2 BY ADVS. SRI.P.A.MOHAMMED SHAH
SRI.SOORAJ T.ELENJICKAL
SMT.MARY RESHMA GEORGE
SRI.T..RAJENDRA KUMAR SUNGAY
SMT.V.A.HARITHA
SMT.P.M.MAZNA MANSOOR
R3 & R5 BY SR GOVERNMENT PLEADER SRI.C.P.PRADEEP
R4 BY SRI.P.C.SASIDHARAN,SC
SRI.SANTHOSH MATHEW,SC,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17-10-2016, ALONG WITH WPC.NO. 21496/2015 AND CONNECTED
CASES, THE COURT ON 13-12-2016 DELIVERED THE FOLLOWING:
sts
WP(C).No. 19782 of 2015 (W)
------------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
----------------------------------------
EXHIBIT-P1- TRUE COPY OF THE CERTIFICATE OF REGISTRATION
DATED 18/02/2013.
EXHIBIT-P2- TRUE COPY OF THE APPROVAL OF STUDY CENTERS
DATED 25/04/2013.
EXHIBIT-P3- TRUE COPY OF THE OPINION DATED 03/08/2011.
EXHIBIT-P4- TRUE COPY OF THE NOTICE DATED 24/06/2013.
EXHIBIT-P5- TRUE COPY OF THE NOTIFICATION DATED 08/08/2014.
EXHIBIT-P6- TRUE COPY OF THE NOTICE DATED 16/06/2015.
EXHIBIT-P7- TRUE COPY OF THE PRINT FROM THE OFFICIAL WEB SITE OF
CALICUT UNIVERSITY.
EXHIBIT-P8- TRUE COPY OF THE PRINT FROM THE OFFICIAL WEB SITE OF
NATIONAL COLLEGE.
EXHIBIT-P9- TRUE COPY OF THE DEGREE CERTIFICATE DATED 16/10/2012.
EXHIBIT-P10- TRUE COPY OF THE CERTIFICATE DATED 16/06/2014.
EXHIBIT-P11- TRUE COPY OF THE FILE NOTES OF THE 5TH RESPONDENT.
EXHIBIT-P12- TRUE COPY OF THE LETTER DATED 18/12/2014.
RESPONDENT(S)' EXHIBITS
-----------------------------------------
EXHIBIT R1(A)- TRUE COPY OF THE LETTER ISSUED BY DEC DATED 31/08/2007
EXHIBIT R1(B)- TRUE COPY OF THE LETTER ISSUED BY DEC DATED 08/04/2008
EXHIBIT R1(C)- TRUE COPY OF THE NOTIFICATION NO.KSOU/AB/EST-1/236/2011-12
DATED 01/07/2015
EXHIBIT R1(D)- TRUE COPY OF THE NOTIFICATION NO.KSOU/AB/EST-1/236/2011-12
DATED 05/09/2015
EXHIBIT R1(E)- TRUE COPY OF THE NOTIFICATION NO.KSOU/AB/EST-1/236/2011-12
DATED 21/09/2015
2/-
-2-
WP(C).NO.19782/2015
EXHIBIT R1(F)- TRUE COPY OF THE NOTIFICATION NO.KSOU/AB/EST-1/314/2015-16
DATED 05/03/2016
EXHIBIT R1(G)- COPY OF THE NOTIFICATION ISSUED IN HINDU DAILY DATED
12/12/2015
EXHIBIT R1(H)- COPY OF THE NOTIFICATION NO.KSOU/RPA/MOU-03/2016-17 DATED
04/06/2016
EXHIBIT R1(I)- COPY OF THE PUBLIC NOTICE F.NO.12-9/2016(DEB-II) DATED
19/07/2016
/TRUE COPY/
P.A.TO JUDGE
sts
A.M.SHAFFIQUE, J
* * * * * * * * * * * *
W.P.C.Nos.19782, 21496 &
28564 of 2015,
11274, 14654, 19081, 19539,
19884 and 23856 of 2016
----------------------------------------
Dated this the 13th day of December 2016
J U D G M E N T
These writ petitions concern a common issue and hence they are heard and decided together.
2. Some of the petitioners are private institutions which had been conducting classes on distance education as per the agreements executed with the Karnataka State Open University and the other petitioners are students who were studying in such educational institutions.
3. The issue projected in these writ petitions are as under:
i) The Karnataka State Open University (hereinafter referred to as 'the University') is established under the Karnataka State Open University Act, 1992 (hereinafter referred to as 'the Act'). As per Sec.3(2) of the Act their jurisdiction extends to establishment and maintenance of colleges, regional centres and study centres in Karnataka and open centres outside Karnataka at W.P.C.Nos.19782/2015 & conn.cases 2 such places as it deems fit. It is stated that, pursuant to the aforesaid statutory provision, they have established study centres in various parts of State of Kerala and some of the petitioners are imparting training on the basis of a memorandum of understanding executed with the 3rd respondent M/s.Algol Universal Trust (hereinafter referred to as 'Algol'). Algol is an agency entrusted by the University to conduct study centres outside the State. By a notification in W.P.C.No.21496/2015 dated 08/08/2014, the University had informed all concern that they have decided to withdraw all types of Technical and Para-Medical programmes operated by Academic Collaborative institutions. It is also indicated that if admissions are being carried out for above mentioned programmes from Collaborated institutions till 02/08/2014 related details of course wise students list should be sent to Registrar (Admission) of the University within 30/08/2014. A public notice is seen issued on 16/6/2015 informing general public, students and other stake holders that taking admissions to such courses or programmes is without recognition from the University. The petitioner in WP(C) No. 21496/2015 is an educational institution imparting training in W.P.C.Nos.19782/2015 & conn.cases 3 Diploma programmes in technical subjects to students under the University. It is stated that they started course from the year 2011 and the last batch was completed only by 2017. According to the petitioners, they have completed the admission process of 2014-15 and in the meantime, if they are not permitted to proceed further, petitioners as well as students will be put to serious hardship.
4. Petitioner in WP(C) Nos.14654/2016, 19782/2015, 28564/2015, 19884/2016 are educational agencies. In WP(C) No.11274/2016 and 23856/2016, petitioners are educational agencies as well as students. In WP(C) No. 19539/2016 and 19081/2016, petitioners are the students who had undertaken the courses. In WP(C) No. 19539/2016, petitioners are students who were admitted to the course during the academic year 2013-14. According to them, they have successfully completed two years and passed the examinations, but no steps are being taken to conduct the semester examinations on account of the stoppage of the course by the University.
5. The University has filed a Counter affidavit in WP(C) No. 21496/2015 in which they have raised a contention that the W.P.C.Nos.19782/2015 & conn.cases 4 writ petition is not maintainable as this Court does not have territorial jurisdiction to entertain the above writ petition. According to them, the Distance Education Council (for short 'DEC') was dissolved during May 2013 and the functions and powers of DEC merged with University Grants Commission (for short 'UGC') as per order dated 31/05/2013. Thereafter, the UGC has restricted the activities of DEC in the Country by fixing territorial limits based on the law laid down by the Apex Court in the case of Prof. Yashpal and Ors. v. State of Chattisgarh and Anr. [AIR 2005 SC 2026]. The UGC, by letter dated 27/06/2013 has directed the University to restrict its area of operation within its territorial jurisdiction and informed the University that UGC will not recognise any of the degrees offered by the University outside the State of Karnataka. Accordingly, by notification dated 02/08/2014, it has decided to stop all courses and programmes outside the territorial limits. On 16/06/2015, UGC issued a public notice informing discontinuation of recognition of the programmes through Open Distance Learning mode. Thereafter, the University by notification dated 01/07/2015 discontinued the recognition to all the private W.P.C.Nos.19782/2015 & conn.cases 5 institutions which are situated outside the territory of State of Karnataka from offering its programmes. It is therefore contended that in the light of the present scenario, it is not possible for the University to continue the course or to engage the students in any manner. Similar Counter affidavits have been filed in other cases also.
6. Before rendering a final judgment, I may also consider the grounds raised by the University in regard to the territorial jurisdiction. Article 226(2) of the Constitution of India reads as under:
"226. Power of High Courts to issue certain writs.-
(1) xxxx (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories." W.P.C.Nos.19782/2015 & conn.cases 6
The High Court gets jurisdiction in relation to territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories. The question is whether any cause of action or part of the cause of action has arisen within the jurisdiction of this Court. As far as the institutions are concerned, they have conducted certain courses of the University in the State of Kerala based on an agreement with a representative or a Collaborator or the University. Their grievance is with reference to the cancellation of such course. As far as students are concerned, they have participated in the course conducted in the State of Kerala and those courses are conducted as permitted by the University. Therefore, cause of action definitely has arisen within the jurisdiction of this Court and therefore this Court has jurisdiction to entertain the writ petition.
7. These writ petitions have two dimensions. One is regarding the plight of the students who have already been admitted to the educational institutions and secondly the right of the educational institutions as well. As far as the educational W.P.C.Nos.19782/2015 & conn.cases 7 institutions are concerned, they were permitted to maintain study centres for imparting eduction in different courses. If the permission is withdrawn, they have no legal right to demand that the permission should be continued. If at all they have suffered any damages, the remedy is only to seek compensation for the damages suffered by them. In other words, the agreement with a third party who has some contractual obligation with the University is not specifically enforceable. Further, when there is a legal restriction on the part of the University to permit study centres to be operated, University has no other option other then to withdraw the permission granted for operating study centres. Therefore, the institutions have no right to make such demand in any manner.
8. Coming to the plight of the students, understandably, the University, while cancelling the right of the study centres, had given a letter to the study centres to provide a list of candidates who had already been admitted to various courses and it was the responsibility of the study centres to provide such list of candidates. In respect of the students who had already been admitted prior to the withdrawal of permission in terms of W.P.C.Nos.19782/2015 & conn.cases 8 University order dated 08/08/2014, necessarily the University will have to take some action to redress their grievance. Notification dated 08/08/2014 (Ext.P2 in W.P.C.No.21496/2014) reads as under:
"KARNATAKA STATE OPEN UNIVERSITY Mukthagangotri, Mysore - 570 006.
------------------------------------------------------------------------------------------- No.KSOU.Dean(Ac)/2014-15 Date:08-08-2014 NOTIFICATION Subject: Regarding withdrawal of Gate Course, Bridge Course, Degree Bridge Courses, In-house programmes of KSOU, Technical and Para-Medical programmes of Academic Collaborative Institutions. Reference:1.Approval of the Academic Council Meeting Proceedings dated : 02-08- 2014.
2. Hon'ble Vice Chancellor's approval dated 08-08- 2014.
--------
With reference to above subject and reference, the Academic Council of KSOU has taken decision to withdraw Gate Course, Bridge Course, Degree Bridge Courses, In-house programmes of KSOU (Copy enclosed), all types of Technical and Para-Medical programmes operating by Academic Collaborative Institutions of KSOU.
If Admissions have been carried out for above mentioned programs from Collaborative Institutions till W.P.C.Nos.19782/2015 & conn.cases 9 02-08-14 related details of course wise students list should be sent to Registrar (Admission) of Karnataka State Open University within 30-08-2014. If the Academic Collaborative Institutions fail to follow this instruction then the University cannot be held responsible for any consequences.
This has to be followed scrupulously.
By Order (sd/-) DEAN (ACADEMIC)"
9. I am proceeding on the basis that the study centres have followed the instructions by issuing the list of candidates prior to 30/08/2014. In regard to such students, whose details have already been furnished and given to the University, alone are entitled for the relief in the present writ petitions. The question is whether any of the students who are parties to the present lis have been enlisted in the list furnished by the educational institutions pursuant to the above notification. As far as those students are concerned, I am of the view that the University has an obligation to ensure that they complete their course for which the University will have to make alternate arrangements.
W.P.C.Nos.19782/2015 & conn.cases 10
10. Having regard to the aforesaid facts, I am of the view that in respect of the students whose names have already been given to the University, the University shall make necessary arrangements to permit them to continue the course in any of the recognised Colleges in the State of Karnataka and also permit them to write the examinations. Those students, who have already completed the course, shall also be permitted to write the examinations. If it is not possible for the University to make such arrangements, all such students should be compensated. It is trite that this Court can invoke the public law remedy to direct payment of compensation. This is a case where, if alternate arrangements could not be made for the students, they will loose several academic years in their life and their future itself will be at stake. Though the loss of time cannot be compensated in terms of money, I am of the view that it would be appropriate that the University compensates them atleast to a certain extent. Making a rough estimate of compensation, it would be appropriate that the compensation amount is fixed at Rs.3,00,000/- per candidate.
Having regard to the aforesaid factual situation and findings stated above, the writ petitions are disposed of as under: W.P.C.Nos.19782/2015 & conn.cases 11
i) The petitioners in the above writ petitions shall give the list of students and the courses which they have attended with all particulars, and whose names appear in the list furnished prior to 30/08/2014, to the University within a period of one month from today.
ii) On receipt of the same, University shall make alternate arrangements for the continued study of such candidates and if they have completed the course, arrangements shall be made for such students to write the examinations in any of the recognized colleges in the State of Karnataka.
iii) If it is not possible for the University to continue the course or to permit the students to write the examinations, the University shall compensate such students by paying a sum of Rs.3,00,000/- (Rupees three lakhs only) each.
iv) The benefit of the order shall be available only to candidates who are petitioners in any of the above cases.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr