International Educational Trust v. Mahatma Gandhi University & State of Kerala; Indira Gandhi Memorial Trust v. Mahatma Gandhi University & State of Kerala; Ilahia Trust v. Mahatma Gandhi University & State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 28[TH] DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA,** ## **1944** ## **WP(C) NO. 36976 OF 2022** ## **PETITIONER:** **INTERNATIONAL EDUCATIONAL TRUST REPRESENTED BY ITS CHAIRMAN, THRIKKAKARA, COCHIN 682 021.** **BY ADVS. KURIAN GEORGE KANNANTHANAM (SR.) P.M.SANEER TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** - **1 MAHATMA GANDHI UNIVERSITY (REPRESENTED BY ITS REGISTRAR) PRIYADARSHINI HILLS, KOTTAYAM - 686 560** - **2 STATE OF KERALA,** - **REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. SMT.PARVATHY.K - GP** **SRI,SURIN GEORGE IPE -SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2022 ALONG WITH WPC NO.37180/2022 AND 37186/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 36976 OF 2022 & conn. Cases** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 28[TH] DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA,** ## **1944** ## **WP(C) NO. 37180 OF 2022** ## **PETITIONER:** **INDIRA GANDHI MEMORIAL TRUST REPRESENTED BY ITS GENERAL SECRETARY, NEILIKKUZHI.P.O. KOTHAMANGALAM - 686 691.** **BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** - **1 MAHATMA GANDHI UNIVERSITY (REPRESENTED BY ITS REGISTRAR) PRIYADARSHINI HILLS, KOTTAYAM - 686 560** - **2 THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HIGHER EDN. DEPARTMENT, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM - 695 001.** - **3 THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS KOTTAYAM - 686 560.** **SMT.PARVATHY.K - GP** **SRI.SURIN GEORGE IPE -SC, SMT.PARVATHY.K-GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2022 ALONG WITH WPC NO.36976/2022 AND 37186/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 36976 OF 2022 & conn. Cases** **3** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 28[TH] DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA,** **1944** ## **WP(C) NO. 37186 OF 2022** ## **PETITIONER:** **ILAHIA TRUST REP BY ITS GENERAL SECERATARY, MUVATTUPUZHA,MULAVOOR, PAIPARA, MUVATTUPUZHA, ERNAKULAM. 686673.** **BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** - **1 MAHATMA GANDHI UNIVERSITY (REPRESENTED BY ITS REGISTRAR) PRIYADARSHINI HILLS, KOTTAYAM - 686 560.** - **2 THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HIGHER EDN. DEPARTMENT, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM - 695 001.** - **3 THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS KOTTAYAM - 686 560.** **SMT.PARVATHY.K - GP** **SRI.SURIN GEORGE IPE -SC, SMT.PARVATHY.K-GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2022 ALONG WITH WPC NO.36976/2022 AND 37180/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 36976 OF 2022 & conn. Cases** **4** ## **DEVAN RAMACHANDRAN, J. ------------------------------------------W.P (C) Nos. 36976, 37180 and 37186 of 2022 ----------------------------------------------** Dated this the 28[th] day of November, 2022 ## **JUDGMENT** The petitioners in these cases are Educational Agencies, who seek affiliation of the Law Colleges proposed by them, with the Mahatma Gandhi University ('M.G.University' for short). 2. Sri.Kurian George Kannanthanam, learned Senior Counsel, instructed by Sri.P.M.Saneer, appearing for the petitioners in all these cases submitted that University is refusing to take a decision on his clients' applications seeking affiliation, solely saying that Government has not yet made their views known to them. The learned Senior Counsel submitted that law has now been well settled by this Court in _**State of Kerala v. MGM College of Arts and Science [2017 (3) KLT 779],**_ that the Government can neither refuse to give their views in the matter, nor can take a policy not to grant affiliation to the Colleges, since education is a constitutional right. 3. Sri.Kurian George Kannanthanam, thus prayed that M.G. University be directed to take necessary action on **WP(C) NO. 36976 OF 2022 & conn. Cases** **5** the application of his clients in these cases, within a time frame to be fixed by this Court. 4. Sri.Surin George Ipe – learned Standing Counsel for the M.G.University, responded to the afore, saying that his client has already addressed communications to the Government, seeking their view, as is mandatory under the M.G.University Act and the First Statutes thereunder; but that no such have yet been received. He added that as soon as the Government expresses their views in the matter, further steps on the applications of the petitioners will be taken forward. 5. Smt.Parvathy.K – learned Government Pleader, however, submitted that Government has already addressed their views to the University as early as on 27.07.2022. She explained that Government appears to have informed the University that they have taken a policy decision not to allow any new Law Colleges for the next Academic Year. 5. On hearing the learned Government Pleader as afore, the arguments of the learned Senior Counsel – Sri.Kurian George Kannanthanam assume great importance. This is because, as rightly argued by him, in _**MGM College of Arts and Science**_ (supra), a learned Division Bench of this Court had already affirmatively held that Government **WP(C) NO. 36976 OF 2022 & conn. Cases** **6** cannot take a policy decision to disallow affiliation to new Colleges by the Universities. 6. That said, even going by the M.G.University Act and the First Statutes, the University is not bound by the views of the Government; but it certainly can take the same into account, while decisions for affiliation are taken. This has been so declared by this Court in various judgments and therefore, does not require a restatement. 7. In the above circumstances, I am certain that this Court will be justified in disposing of these Writ Petitions, fixing specific time limits, so that petitioners will not put to prejudice, since they have applied for affiliation only for the next Academic Year. Resultantly, these Writ Petitions are ordered with the following directions: a. If the Government has not made their views to the University until now, they shall do so within a period of two weeks from the date of receipt of a copy of this judgment. b. In the event, as stated by the learned Government Pleader, the views of the Government have already been sent to the University through letter dated 27.07.2022, then the afore direction would stand in operative. **WP(C) NO. 36976 OF 2022 & conn. Cases** **7** c. The University will, on receipt of the views of the Government, or if it has already been received - as the case may be - proceed to evaluate the applications of the petitioners in these cases and take an apposite decision thereon, as expeditiously as is possible, but not later than on or before 15.12.2022. I am fixing the afore date taking note of the submissions of the learned Senior Counsel, that the last date for his clients to make applications to the Bar Council of India is on 31.12.2022. d. I make it clear that I have not entered into the details of the action to be taken by the University, while completing the afore exercise; and they are left liberty to follow the established procedure as per law. **Sd/-DEVAN RAMACHANDRAN, JUDGE** lsn **WP(C) NO. 36976 OF 2022 & conn. Cases** **8** ## **APPENDIX OF WP(C) 36976/2022** **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF THE APPLICATION DATED 318-2021 BY THE PETITIONER** **Exhibit P2** **TRUE COPY OF THE "E-RECEIPT" ISSUED BY THE MAHATMA GANDHI UNIVERSITY.** **Exhibit P3** **TRUE COPY OF THE ORDER DATED 7-3-2022 ISSUED BY THE 1ST RESPONDENT.** **Exhibit P4** **TRUE COPY OF THE LETTER DATED 26-72022 ADDRESSED TO THE PETITIONER.** **Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 16-7-2022 FROM THE PETITIONER TO THE GOVERNMENT** **Exhibit P6 TRUE COPY OF THE LETTER DATED 24-92022 ISSUED BY THE GOVERNMENT.** **WP(C) NO. 36976 OF 2022 & conn. Cases** **9** ## **APPENDIX OF WP(C) 37180/2022** **PETITIONER EXHIBITS** **Exhibit P1 A TRUE COPY OF THE APPLICATION NIL DATED SUBMITTED BY THE PETITIONER FOR AFFILIATION** **Exhibit P2 A TRUE COPY OF THE "E-RECEIPT" DATED 26/8/2021 ISSUED BY THE MAHATMA GANDHI UNIVERSITY.** **Exhibit P3 A TRUE COPY OF THE ORDER NO 5144/ACA1/2022/MGU DATED 16/5/2022 ISSUED BY THE UNIVERSITY.** **Exhibit P4 A TRUE COPY OF THE LETTER NO 187154/ACA1-3/2021/ACAD DATED 26-72022 ISSUED BY MAHATMA GANDHI UNIVERSITY.** **WP(C) NO. 36976 OF 2022 & conn. Cases** **10** ## **APPENDIX OF WP(C) 37186/2022** ## **PETITIONER EXHIBITS** **Exhibit P1 A TRUE COPY OF THE APPLICATION 26/8/2021 SUBMITTED BY THE PETITIONER FOR AFFILIATION. Exhibit P2 A TRUE COPY OF THE "E-RECEIPT" DATED26/8/2021 ISSUED BY THE MAHATMA GANDHI UNIVERSITY. Exhibit P3 A TRUE COPY OF THE ORDER NO 4492/AC A 1/2022//MGU DATED 29/4/2022 ISSUED ISSUED BY THE UNIVERSITY. Exhibit P4 A TRUE COPY OF THE LETTER NO 187154/ACA1-3/2021/ACAD DATED ISSUED BY MAHATMA GANDHI UNIVERSITY.** ## **RESPONDENT'S EXHIBITS: NIL** **TRUE COPY** **P.A TO JUDGE** ## **LSN**