Kerala High Court
The Secretary - K. Velayudhan Memorial ... vs The University Of Kerala on 17 March, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) NO. 28422 OF 2023
2025:KER:22498
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946
WP(C) NO. 28422 OF 2023
PETITIONER:
THE SECRETARY - K. VELAYUDHAN MEMORIAL TRUST
P. B. NO. 13, CHERTHALA, ALAPPUZHA, KERALA,
INDIA - 688524
BY ADVS.
SRI ASWIN GOPAKUMAR
SRI ADITYA VENUGOPALAN
SRI NIKITHA SUSAN PAULSON
SRI SARANYA BABU
SRI MAHESH CHANDRAN
SRI SHALLET K. SAM
RESPONDENTS:
1 THE UNIVERSITY OF KERALA
SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM
-695034
REPRESENTED BY ITS REGISTRAR.
2 THE UNIVERSITY GRANTS COMMISSION (UGC)
BAHADUR SHAH ZAFAR MARG, NEW DELHI REPRESENTED BY
ITS CHAIRMAN, PIN - 110002
BY ADVS.
SRI THOMAS ABRAHAM, SC - FOR R1
SRI S. KRISHNAMOORTHY, SC - FOR R2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 17.03.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) NO. 28422 OF 2023
2025:KER:22498
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T.R. RAVI, J.
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W.P.(C). No.28422 of 2023
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Dated this the 17th day of March, 2025
JUDGMENT
The petitioner, KVM Trust, is a Charitable Trust, (hereinafter referred to as Trust) according to the petitioner, formed in 1983 with the object of providing quality education to the economically and socially backward communities. In the year 2001, the Trust set up 'The KVM College of Special Education' (hereinafter referred to as the College), at Cherthala. The College has been offering course such as M.Ed in Special Eduction, B.Ed in Special Education, Diploma in Education - Special Education (D.Ed.SE) and Diploma in Special Education (D.Ed.ASD MR). The petitioner claims that the College is one of the few special eduction centres in India who has received the recognition of the Rehabilitation Council of India, New Delhi. It is stated that the College offers home-based and centre-based special education and WP(C) NO. 28422 OF 2023 2025:KER:22498 3 rehabilitation services to children and youth with special education needs.
2. The College has been granted permanent affiliation from the year 2008 for conducting B.Ed Special Education (Mental Retardation) course. This is evident from Ext.P1 certificate issued on 09.04.2012. Ext.P2 is the communication addressed by the 2nd respondent to the 1st respondent declaring that the College is fit to receive central assistance in terms of the Rules framed under Section 12(B) of the UGC Act 1956. But since the College is a self-financing and unaided institution, it will be eligible to receive UGC's support only in respect of teachers and students related schemes as per decision of the Commission dated 08.07.2011. The petitioner claims that the College is one among the only two NAAC accredited Colleges in special education stream in India and the first of its kind in the State.
3. In the year 2020-21, the 2nd respondent called for applications from Universities and Colleges for running skill based programs at the level of Certificate, Diploma, Advanced Diploma, WP(C) NO. 28422 OF 2023 2025:KER:22498 4 B.Voc, P.G.Diploma, M.Voc and Research Degree. Ext.P4 is a copy of the brochure circulated by the 2nd respondent. The College submitted a request for conducting B.Voc Degree in IT and Diploma in Gems and Jewellery Designing for differently abled students (including - deaf and dumb, partially blind, physically challenged and borderline mental retardation students) and was granted approval by the 2nd respondent for conducting the said course. Ext.P5 communication evidences the above fact. On receipt of Ext.P5, the College approached the Higher Education Department of the Government and the 1 st respondent for grant of affiliation for conducting the course. The Higher Education Department rejected the request on the ground that the College had not obtained the minimum NAAC score of 2.5 stipulated in the Government Order, G.O.(Ms) No.126/2019/H.Edn. dated 08.05.2019. Ext.P6 is a copy of the letter of rejection. The Government Order referred above, which has been produced as Ext.P7, says that the Government has ordered that only Colleges with a NAAC score of 2.5 and above will be allowed B.Voc courses WP(C) NO. 28422 OF 2023 2025:KER:22498 5 from 2019-20 onwards. It further says that all Colleges who have got approval of Universities and Government in the past have to ensure that the said score is attained or renewed for the continuation of the course by 2020. According to the petitioner, Ext.P7 Government Order applies only to Aided Arts and Science Colleges and not to Colleges like the petitioner's, which are self- financing. The petitioner submits that the College has NAAC score of 2.01 as can be seen from Ext.P8 Certificate of Accreditation. The petitioner thereupon approached this Court by filing WP(C) No.708/2023 seeking a direction to the State to grant affiliation for the course. There was also a prayer for a declaration that in view of Ext.P5 issued by the 2nd respondent, the State of Kerala is bound to grant affiliation for the course. There was also a prayer for a direction to the 1st respondent to include the College in the common admission process. The writ petition was allowed by Ext.P9 judgment, directing the competent authority of the Government to hear the petitioner and pass orders within six weeks. This Court noted that no formal orders rejecting the claim WP(C) NO. 28422 OF 2023 2025:KER:22498 6 had been issued and the petitioner had only been called upon to inform whether they have the minimum score of 2.5 under the NAAC.
4. Pursuant to Ext.P9 judgment, Government of Kerala issued Ext.P10 order, whereby administrative sanction was granted for starting the B.Voc. program in Information Technology in the self-financing stream and directing the management of the College to execute an agreement with the Government incorporating the conditions specified in the order. Thereafter, by Ext.P11 order dated 05.07.2023, the Government issued NOC to the petitioner for starting the course.
5. Meanwhile, the petitioner had submitted application for affiliation with the 1 st respondent in 2020 and the same, according to the petitioner, was pending due to the delay in obtaining administrative sanction and the NOC from the Government of Kerala. The petitioner has produced copy of the application dated 22.10.2020 as Ext.P12. After receipt of Exts.P10 and P11, the petitioner by Ext.P13 letter dated 06.07.2023 WP(C) NO. 28422 OF 2023 2025:KER:22498 7 requested the 1st respondent to grant affiliation. The request was rejected by Ext.P14 dated 01.08.2023. The reason stated for rejection is that an application for affiliation has to be submitted within the time limit prescribed in the Statute 1 in Chapter 24 of Kerala University First Statutes, 1977, which says that applications for affiliation of a College or for affiliation in additional subjects shall be addressed to the Registrar, and shall be forwarded to him not later than 31st of August preceding the academic year in which the course are proposed to be started. Ext.P14 further states that notification inviting application for academic courses 2024-25 will be published soon and affiliations can be made through the Affiliation Portal of University of Kerala, within the stipulated date ie; 31st August, 2023. The writ petition was filed at that stage challenging Ext.P14 and praying for a direction to the 1 st respondent to grant affiliation for the course for the academic year 2023-24.
6. The Standing Counsel for the 1st respondent filed a statement on 07.09.2023. It is stated that the petitioner had WP(C) NO. 28422 OF 2023 2025:KER:22498 8 lost the recognition of the Rehabilitation Council of India during the academic years 2021-22 and 2022-23 for conducting the B.Ed Special Education courses and in tune with the decision taken by the Syndicate of the University, admissions to the petitioner's College were not conducted during 2021-22 and 2022-23 academic year as the College did not clear the Annual Administration Fee. It is stated that the College thereafter remitted a sum of ₹14,72,500/- towards the Annual Administration Fee due to the University as per Demand Draft dated 06.07.2023 in compliance with the common judgment dated 20.12.2021 in WP(C) No.2523/2010 and connected cases. The statement further says that the petitioner educational agency was later granted approval by the Rehabilitation Council of India for the academic year 2023- 24 and considering the remittance of the Administration Fee and resumption of approval by the Rehabilitation Council of India, the Syndicate at its meeting held on 12.07.2023 permitted the College to proceed with the admission procedure for B.Ed Special Education (Intellectual Disability) program during the academic WP(C) NO. 28422 OF 2023 2025:KER:22498 9 year 2023-24. Regarding the grant of affiliation for new Colleges, it is stated in the statement that the Syndicate of the University is the ultimate authority to decide whether or not to grant affiliation. It is stated that the term 'permanent affiliation' does not appear in the Acts or Statutes of the University and the Syndicate had resolved to add the word "permanent" in the certificate of affiliation issued to the College as a special case as the institution is intended for the upliftment of children having intellectual disabilities. It is stated that as per Statute 1 of Chapter 24 of the Kerala University First Statutes, applications have to be addressed to the Registrar and forwarded to him not later than 31 st of August preceding the academic year, in which the courses are proposed to be started. It is further stated that the request for starting course for the academic year 2023-24 was submitted on 06.07.2023 after Exts.P10 and P11 and hence the same could not be considered since it was filed beyond the period fixed in the Statute. It is also stated that the application submitted for the academic year 2021- 22 was no longer valid. Another aspect stated is that the WP(C) NO. 28422 OF 2023 2025:KER:22498 10 petitioner did not have the required NAAC score of 2.5 and that the scheme and syllabus for the course had also not been approved. It is stated that the application filed for 2021-22 had hence been rejected by the Syndicate at its meeting held on 27.09.2022 and the same was intimated to the petitioner on 01.10.2022. In paragraph 12 of the statement it is stated that the petitioner had applied for the B.Voc course during the academic year 2024-25 in terms of notification inviting applications, which was published on 07.08.2023 and Exts.P10 and P11 will be considered along with the said application filed for the year 2024-25.
7. The petitioner has filed a reply affidavit to the statement filed by the Standing Counsel for the 1 st respondent University. It is stated that the averments in paragraph 11 of the statement of the Standing Counsel regarding the approval of scheme and syllabus of the course was not correct and that as per Ext.P15 dated 17.02.2021, the Standing Committee of the Academic Counsel held on 18.01.2021 recommended to approve the Regulation, Scheme and Syllabus of B.Voc Information WP(C) NO. 28422 OF 2023 2025:KER:22498 11 Technology course as recommended by the Board of Studies in Computer Science (UG) and as endorsed by the Dean, Faculty of Applied Sciences and Technology. The order further says that sanction has therefore been accorded by the Vice Chancellor to approve the Regulation, Scheme and Syllabus of B.Voc with effect from 2020 admission. Thereafter, a reply affidavit was filed by the petitioner on 30.10.2023, wherein it is stated that the rejection of the application for affiliation on 27.09.2022 was never communicated to the petitioner. It is also stated therein that the 1st respondent had power to extent the time limit in the University Statute as they are not mandatory and that even though classes may have commenced for the academic year 2023-24, there is no bar in allowing the petitioner to admit students after the due process. This was followed by an additional statement filed by the Standing Counsel. It is stated therein that the application submitted for the academic year 2024-25 is being processed and as far as 2023-24 is concerned, the petitioner cannot be granted affiliation.
WP(C) NO. 28422 OF 2023 2025:KER:22498 12
8. Heard Sri Aswin Gopakumar G., for the petitioner Sri Thomas Abraham, Standing Counsel for the 1 st respondent University and Sri S. Krishnamoorthy, for the 2 nd respondent (UGC).
9. After hearing the counsel for the petitioner and the respondents, the case was taken for orders on 16.01.2024. Since the judgment could not be pronounced before the completion of the academic year 2023 - 2024, the case was posted as 'spoken to' today in order to ascertain what happened subsequent to the application submitted for affiliation for the year 2024-2025. The counsel on either side submitted that even though the application had been made for the year 2024-2025, for reasons beyond the control of the parties, affiliation did not materialise. It is submitted that an application for affiliation for the academic year 2025-2026 has been filed. It is submitted by the counsel for the University that pursuant to the application submitted for the academic year 2025-2026, an inspection was conducted by the University on 25.10.2024 and the report of the inspection was considered by the WP(C) NO. 28422 OF 2023 2025:KER:22498 13 Syndicate on 23.12.2024. It is submitted that the Syndicate has decided to grant sanction subject to the petitioner complying with the conditions regarding affiliation. It is submitted that subsequently, the conditions have also been complied with and orders are yet to be passed.
The above submissions are recorded and this writ petition is closed with a direction to the University to grant affiliation so as to enable the petitioner to start the course during 2025-2026.
Sd/-
T.R. RAVI JUDGE Pn/sn WP(C) NO. 28422 OF 2023 2025:KER:22498 14 APPENDIX OF WP(C) 28422/2023 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE CERTIFICATE DATED 09.04.2012 BEARING NO.
AC.B/03/045906/2011 ISSUED BY RESPONDENT NO. 1 Exhibit P-2 A TRUE COPY OF THE LETTER DATED 30.04.2013 BEARING NO. F. NO. 8-
182/2010(CPP-1/C) ISSUED BY RESPONDENT NO. 2 TO RESPONDENT NO. 1 Exhibit P-3 A TRUE COPY OF THE LETTER DATED 27.11.2018 BEARING F. NO. 2- 41/COMPLAINTS/UGC-SWRO/2018-19 ISSUED BY RESPONDENT NO. 2 Exhibit P-4 A TRUE COPY OF THE BROCHURE CIRCULATED BY RESPONDENT NO. 2 CALLING FOR APPLICATIONS Exhibit P-5 A TRUE COPY OF THE EMAIL DATED 23.09.2020 GRANTING APPROVAL TO THE COLLEGE FOR CONDUCT OF B. VOC DEGREE IN IT AND DIPLOMA IN GEMS AND JEWELLERY DESIGNING BY RESPONDENT NO. 2 Exhibit P-6 A TRUE COPY OF THE LETTER DATED 26.10.2022 BEARING NO. B3/314/2022-HEDN Exhibit P-7 A TRUE COPY OF THE GOVERNMENT ORDER NO.
GO (MS) NO. 126/2019/HEDN DATED 08.05.2019 Exhibit P-8 A TRUE COPY OF THE CERTIFICATE DATED 22.02. 2017 ISSUED BY NATIONAL ASSESSMENT AND ACCREDITATION COUNCIL WP(C) NO. 28422 OF 2023 2025:KER:22498 15 Exhibit P-9 A TRUE COPY OF THE JUDGMENT DATED 16.01.2023 PASSED BY THIS HON'BLE COURT IN W. P. (C) NO. 708 OF 2023 Exhibit P- 10 A TRUE COPY OF THE ORDER DATED 08.06.2023 BEARING NO. G. O. (RT) NO. 835/2023/HEDN Exhibit P- 11 A TRUE COPY OF THE ORDER DATED 05.07.2023 BEARING NO. G. O. (MS) NO. 377/2023/HEDN Exhibit P-12 A TRUE COPY OF THE APPLICATION DATED 22.10.2020 FILED BY THE PETITIONER BEFORE RESPONDENT NO. 1 Exhibit P-13 A TRUE COPY OF THE LETTER DATED 06.07.2023 SUBMITTED BY THE PETITIONER Exhibit P-14 A TRUE COPY OF THE LETTER DATED 01.08.2023 BEARING NO. 41464/AC BII/2023/UOK ISSUED BY RESPONDENT NO. 1 EXHIBIT P15 A TRUE COPY OF THE ORDER BEARING NO.
903/2021/UOK DATED 17.02.2021 EXHIBIT P16 A TRUE COPY OF THE CERTIFICATE OF APPROVAL DATE 07.10.2022 BEARING NO. 8- 366/B.Ed.Spl.Ed.(ID)/06-RCI, ISSUED BY THE RCI RESPONDENT ANNEXURES ANNEXURE R1(a) THE TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE MEETING OF THE SYNDICATE HELD ON 27/9/2022 ANNEXURE R1(b) THE TRUE COPY OF THE LR.NO.AC.BII/03/27453/2020 DATED 01/10/2022 SENT TO THE DIRECTOR, KVM TRUST WP(C) NO. 28422 OF 2023 2025:KER:22498 16 ANNEXURE R1(c) THE RELEVANT PAGES OF THE ACADEMIC CALENDAR FOR 2023-24 WITH RESPECT TO THE 1ST SEMESTER UNDERGRADUATE COURSES Exhibit R1(a) THE TRUE COPY OF THE E-MAIL DATED 1/10/2022 SENT BY THE UNIVERSITY TO THE PETITIONER EDUCATIONAL AGENCY