High Court of KeralaSingle Judge2022-05-30Writ petitions closed; no declaration or relief...

Manager, St. Paul’s Off Campus Centre, Kalamassery v. Mahatma Gandhi University & Ors.

Case / Petition Number:WP(C) NO. 23971 OF 2010; WP(C) NO. 24300 OF 2010; WP(C) NO. 24568 OF 2010

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Raja Vijayaraghavan V
Judgment Date: 2022-05-30
Court Decision / Holding: These writ petitions are closed. The court did not grant the declaratory relief sought by the petitioners and accepted the University’s position that no off-campus centres may be established beyond the State without statutory enablement.
Final Disposition: Writ petitions closed; no declaration or relief granted; petitions disposed in favour of the university’s position on lack of statutory enablement for off-campus centres outside/state.

Parties to the Case

Appellants / Petitioners

Manager, St. Paul’s Off Campus Centre, Kalamassery
Manager, St. Albert’s Off Campus Centre, Ernakulam
Manager, Assumption Off Campus Centre, Changanacherry

Respondents

Mahatma Gandhi University represented by its Registrar, Kottayam
Director, School of Distance Education, Priyadarshini Hills, Kottayam
Vice Chancellor, Mahatma Gandhi University, Kottayam

Legal Representation & Advocates

Counsels for Petitioners

• SRI.BABY ISSAC ILLICKAL
• SRI.ISAAC KURUVILLA ILLIKAL
• SMT.NIMMY K.ALILAKUZHYIL
• ASHOK M CHERIAN

Counsels for Respondents

• SRI.SURIN GEORGE IPE
• SC

Case Synopsis & Summary

These writ petitions, filed by managers of distance education off-campus centres at Kalamassery (St. Paul’s), Ernakulam (St. Albert’s) and Changanacherry (Assumption Off Campus Centre), seek declarations that the petitioner institutions are entitled to continue the various Distance Education Courses sanctioned by Mahatma Gandhi University and to operate off-campus centres. The University, through its Standing Counsel, contends that authoritative authority from a Division Bench in Unine Trust (M/s.), Cherthala v. M.G.University and Ors. (2017) (2) KLT 1031), following a Supreme Court judgment, holds that no off-campus centres can be started outside the State or beyond the territorial limits of the University unless there is an enabling provision in the statute. It is reinforced by this Court’s own decision in Vismaya Max Animation Academy v. M.G.University and Ors. (2015) (5) KHC 33). Consequently, the University asserts that it is not venturing to establish off-campus centres in Kerala. The petitions are ultimately closed with the court observing that, in view of the authorities cited, there is no enabling provision in the statute to permit such off-campus centres. The operative note states that the writ petitions are closed, with no declarations or reliefs granted to the petitioners.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners seek declarations that they are entitled to continue the distance education courses sanctioned by Mahatma Gandhi University and to operate off-campus centres, asserting their continuity under prior approvals, MOUs, and policy documents related to distance education. They rely on documented exhibits (letters, MOUs, peer team reports, notifications, and manuals) showing the ongoing operations and approvals for off-campus centres, seeking incidental reliefs.

Contentions of Respondents

The University’s Standing Counsel submits that, following Unine Trust (M/s.), Cherthala v. M.G.University and Ors. (2017) (2) KLT 1031) and Vismaya Max Animation Academy v. M.G.University and Ors. (2015) (5) KHC 33), off-campus centres cannot be started outside the State or beyond the University’s territorial limits unless the statute unequivocally provides for such powers. Therefore, there is no enabling provision in the statute to permit off-campus centres in Kerala, and the petitions deserve to be dismissed/closed.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Unine Trust (M/s.), Cherthala v. M.G.University and Ors	2017 (2) KLT 1031	Positive	Relied upon by the Division Bench and followed by the present Court to hold that off-campus centres outside the State require statutory enabling provisions.
Vismaya Max Animation Academy v. M.G.University and Ors.	2015 (5) KHC 33	Positive	Cited to support the view that off-campus centres require statutory authorization; used to reinforce the University’s stance.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 30[TH] DAY OF MAY 2022 / 9TH JYAISHTA, 1944`** ## **`WP(C) NO. 23971 OF 2010`** ## **`PETITIONER/S:`** ``` MANAGER, ST.PAUL'S OFF CAMPUS CENTRE, KALAMASSERY. ``` ``` BY ADVS. SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL SMT.NIMMY K.ALILAKUZHYIL ``` ## **`RESPONDENT/S:`** ``` 1MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, KOTTAYAM. 2THE DIRECTOR SCHOOL OF DISTRANCE EDUCATION, PRIYADARSHINI HILLS.P.O., KOTTAYAM. 3THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C). NOS. 24300/2010 & 24568 of 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 23971, 24300 & 24568 OF 2010 2 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V ``` ``` MONDAY, THE 30[TH] DAY OF MAY 2022 / 9TH JYAISHTA, 1944 ``` ## **`WP(C) NO. 24300 OF 2010`** ## **`PETITIONER/S:`** ``` MANAGER, ST.ALBERT'S OFF CAMPUS CENTRE, ERNAKULAM. ``` ``` BY ADVS. SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL ASHOK M CHERIAN ``` ## **`RESPONDENT/S:`** ``` 1MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, KOTTAYAM,, PIN 686 560. 2THE DIRECTOR SCHOOL OF DISTRANCE EDUCATION,, PRIYADARSHINI HILLS P.O., KOTTAYAM, PIN 686 560. ``` ``` 3THE VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, KOTTAYAM 686560 ``` ``` BY ADV. SRI.SURIN GEORGE IPE ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C) NOS.23971/2010 & 24568/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 23971, 24300 & 24568 OF 2010 3 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 30[TH] DAY OF MAY 2022 / 9TH JYAISHTA, 1944 ``` ## **`WP(C) NO. 24568 OF 2010`** ## **`PETITIONER/S:`** ``` MANAGER, ASSUMPTION OFF CAMPUS CENTRE CHANGANANCHERRY. ``` ``` BY ADVS. SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL ``` ## **`RESPONDENT/S:`** ``` 1MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, KOTTAYAM PIN 686 560. 2THE DIRECTOR SCHOOL OF DISTANCE EDUCATION, PRIYADARSHINI HILLS P.O, KOTTAYAM PIN 686 560. 3THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY KOTTAYAM PIN 686 560. ``` ``` BY ADV. SRI.SURIN GEORGE IPE, SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022 ALONG WITH WP(C) NOS. 23971/2010 & 24300/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 23971, 24300 & 24568 OF 2010 4 ``` ## **JUDGMENT** The above writ petitions are filed seeking a declaration that the petitioner institutions are entitled to continue the various Distance Education Courses sanctioned by the respondent University and for incidental reliefs. 2. Sri.Surin George Ipe, the learned Standing Counsel appearing for the University submitted that a Division Bench of this Court in **Unine Trust (M/s.), Cherthala v. M.G.University and Ors** [2017 (2) KLT 1031], following the judgment of the Apex Court had held that no off-campus centres can be started outside the State or even beyond the territorial limits of the University unless there is an enabling provision in the Statute. Reliance is also placed on the judgment of this Court in **Vismaya Max Animation Academy v. M.G.University and Ors.** [2015 (5) KHC 33]. It is further submitted that in view of the law laid down as aforesaid, Mahatma Gandhi University is not venturing to ``` WP(C) NO. 23971, 24300 & 24568 OF 2010 5 ``` conduct any off-campus centres in the State of Kerala. In that view of the matter, nothing further survives in these writ petitions. These writ petitions are closed. Sd/- **RAJA VIJAYARAGHAVAN V,** sru **JUDGE** ``` WP(C) NO. 23971, 24300 & 24568 OF 2010 6 ``` ## **`APPENDIX OF WP(C) 23971/2010`** ``` PETITIONER’S EXHIBITS: ``` - `EXHIBIT P1 PHOTOCOPY OF THE LETTER DATED 23.10.2001. EXHIBIT P2 PHOTOCOPY OF THE MOU DATED 6.11.2001. EXHIBIT P3 PHOTOCOPY OF THE PEER TEAM REPORT ON INSTITUTIONAL RE-ACCREDITATION.` - `EXHIBIT P4 PHOTOCOPY OF THE ORDER DATED 25.3.2009. EXHIBIT P5 PHOTOCOPY OF THE MOU DATED 30.11.2009. EXHIBIT P6 PHOTOCOPY OF THE ORDER DATED 25.3.2009.` - `EXHIBIT P7 PHOTOCOPY OF THE LETTER DATED 7.7.2010 OF THE PETITIONER.` - `EXHIBIT P8 PHOTOCOPY OF THE NOTIFICATION DATED 14.7.2010.` - `EXHIBIT P9 PHOTOCOPY OF THE ORDER DATED 20.7.2010. EXHIBIT P10 PHOTOCOPY OF THE OFF CAMOUS ACADEMIC CENTRE OPERATIONS MANUAL` ``` RESPONDENTS EXHIBITS : NIL ``` ``` WP(C) NO. 23971, 24300 & 24568 OF 2010 7 ``` ## **`APPENDIX OF WP(C) 24300/2010`** ``` PETITIONER’S EXHIBITS: ``` ``` EXHIBIT P1PHOTOCOPY OF THE STATEMENT OF OBJECTIVE OF DISTANCE EDUCATION. ``` - `EXHIBIT P2 PHOTOCOPY OF THE MOU DATED 6.11.2001.` ``` EXHIBIT P3PHOTOCOPY OF THE PEER TEAM REPORT ON INSTITUTIONAL RE-ACCREDITATION. ``` - `EXHIBIT P4 PHOTOCOPY OF THE ORDER DATED 7.4.2006.` - `EXHIBIT P5 PHOTOCOPY OF THE MOU DATED 3.11.2009.` - `EXHIBIT P6 PHOTOCOPY OF THE ORDER DATED 25.3.2009.` - `EXHIBIT P7 PHOTOCOPY OF THE LETTER DATED 2.7.2010. EXHIBIT P8 PHOTOCOPY OF THE NOTIFICATION DATED 14.7.2010.` - `EXHIBIT P9 PHOTOCOPY OF THE ORDER DATED 20.7.2010. EXHIBIT P10 PHOTOCOPY OF THE OFF CAMOUS ACADEMIC CENTRE OPERATIONS MANUAL` ``` RESPONDENTS EXHIBITS : NIL ``` ``` WP(C) NO. 23971, 24300 & 24568 OF 2010 8 ``` ## **`APPENDIX OF WP(C) 24568/2010`** ## `PETITIONER’S EXHIBITS:` |`EXHIBIT P1`|`PHOTOCOPY OF THE STATEMENT OF OBJECTIVE OF`| |---|---| ||`DISTANCE EDUCATION.`| |`EXHIBIT P2`|`PHOTOCOPY OF THE MOU DATED 15.1.2010.`| |`EXHIBIT P3`|`PHOTOCOPY OF THE ORDER DATED 25.3.2009.`| |`EXHIBIT P4`|`PHOTOCOPY OF THE LETTER DATED 2.7.2010.`| |`EXHIBIT P5`|`PHOTOCOPY OF THE NOTIFICATION DATED`| ||`14.7.2010.`| |`EXHIBIT P6`|`PHOTOCOPY OF THE SAID ORDER DATED 20.7.2010.`| |`EXHIBIT P7`|`PHOTOCOPY OF THE OFF CAMPUS ACADEMIC CENTER`| ||`OPERATIONS MANUAL.`| ## `RESPONDENTS EXHIBITS : NIL`