High Court of KeralaSingle JudgeDisposed of by directions. The government order...

WP(C) Nos. 40866/2022; 41309/2022; 41341/2022; 41352/2022 (Educational Agencies/Association v. State of Kerala and Others)

Case / Petition Number:40866/2022; 41309/2022; 41341/2022; 41352/2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Sathish Ninan
Judgment Date
2023-03-23
Court Decision / Holding
1) Ext.P6/Ext.P8 orders quashed; 2) Petitioners to submit applications for Government NOC within one week; 3) Government to consider such applications and decide by 20.04.2023 after hearing; 4) If favorable orders are issued, the University shall process the applications as for the next academic year; 5) W.P.(C) No.40866/2022 will stand dismissed.
Final Disposition
Disposed of by directions. The government orders restraining affiliation were quashed; authorities are to reconsider NOC applications promptly; if NOC is favorable, the University should proceed with affiliation for the next academic year. W.P.(C) No.40866/2022 dismissed. The other petitions are disposed with directions for expeditious action by the Government and University within the specified timeline.

Parties to the Case

Appellants / Petitioners

  • KERALA LAW COLLEGE MANAGEMENT ASSOCIATION
  • THODUPUZHA TALUK EDUCATIONAL- CO-OPERATIVE SOCIETY LTD. NO.1-19, THODUPUZHA, IDUKKI
  • INTERNATIONAL EDUCATIONAL TRUST
  • ILAHIA TRUST
  • INDIRA GANDHI MEMORIAL TRUST

Respondents

  • State of Kerala
  • Chief Secretary, Government Secretariat, Thiruvananthapuram
  • Principle Secretary, Higher Education Department, Government of Kerala
  • Bar Council of India
  • Bar Council of Kerala
  • Secretary, Bar Council of India
  • Mahatma Gandhi University
  • Pro-Vice Chancellor, Mahatma Gandhi University
  • University Grants Commission (UGC)

Legal Representation & Advocates

Counsels for Petitioners

  • • Alias M. Cherian
  • • K.M. Raphy
  • • Bristo S Pariyaram
  • • Vivek Radhakrishnan
  • • Arun C.S.
  • • Kurian George Kannathanam (Sr.)
  • • P. M. Saneer
  • • Tony George Kannathanam

Counsels for Respondents

  • • Sri. Surin Ipe
  • • Sri. Rajit
  • • S. Krishna Moorthy
  • • Government Pleader

Case Synopsis & Summary

This batch of writ petitions before the Kerala High Court, heard by Justice Sathish Ninan on 23 March 2023, concerns bids by self-financing institutions and educational trusts to obtain affiliation to start new unaided law colleges in Kerala. The Educational Agencies (petitioners in 40866/2022, including the Kerala Law College Management Association and the Thodupuzha Taluk Educational-Cooperative Society) challenged theUniversity’s favorable inspection reports and subsequent government views that preceded a decision on affiliation. The petitions argued that after statutory procedure under Mahatma Gandhi University Statutes (Chapter 23, Statute 9) and the University’s inspection, the University was to forward recommendations to the government, which could not arbitrarily withhold approval. In 41309/2022 (International Educational Trust), 41341/2022 (Ilahia Trust) and 41352/2022 (Indira Gandhi Memorial Trust), similar stages occurred with the University reporting favourable progress and government views being sought. The court examined the tension between the University’s intrinsic standards, the UGC Regulations (2009 and amendments), and the State’s reluctance to sanction new law colleges, citing the MGM College case that education is a fundamental right and cannot be stifled by executive fiat. The judgment quashes government orders that stalled the process and directs fresh NOC proceedings and prompt action. It emphasizes that if NOC is favorable, the University should proceed with the affiliation applications, effectively ensuring the educational demand is met while safeguarding standards.

Provisions of Law Cited

Statute 9(1) of Chapter 23 of the Mahatma Gandhi University Statutes, 1997Statute 9(7) of Chapter 23 of the Mahatma Gandhi University Statutes, 1997UGC (Affiliation of Colleges by Universities) Regulations, 2009 (and Amendment Regulations 2012)Regulation 4.4.5 (UGC Regulations, 2009)Constitution Article 21A (Right to Education)University Act and Regulations (as applicable to the process)

Legal Doctrines & Maxims

  • Right to education is a fundamental right under Article 21A of the Constitution.
  • Education cannot be denied by executive fiat where standards are satisfied; Government should act in accordance with statutory/constitutional principles (MGM College case reference).
  • Government’s role under Statute 9(7) is to obtain views, not to unilaterally veto after the University approves standards.

Submissions & Arguments

Contentions of Appellants / Petitioners

The Educational Agencies contend that after favourable statutory scrutiny, site inspection, and expert reports, the University rightly recommended affiliation and the Government’s current stance against sanctioning new law colleges is arbitrary, contrary to the statutory scheme and to the right to education. They argue that UGC Regulations require government clearance at stages that do not override the University’s findings. They press for immediate NOC issuance and for the University to process affiliation applications for the next academic year, highlighting the demand for higher education facilities and the risk of students migrating to other states.

Contentions of Respondents

The respondents (State, MG University, Bar Councils, and UGC) contend that while universities may inspect and report, government clearance and continuing regulatory oversight are essential to safeguard quality and prevent unfettered expansion. They rely on the UGC Regulations and the need for a government acknowledgment (NOC) before temporary or permanent affiliations can be granted, and they emphasize that misalignment between UGC Regulations and University Statutes may require careful balancing to maintain standards.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
State of Kerala v. M.G.M. College of Arts and Science, Trivandrum and Anr.2017 (3) KHC 965PositiveCited with approval to support that education cannot be arbitrarily denied after university approval; reinforces the right to education and cautions the state against arbitrary restrictions.

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Extracted Judgment Text

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **THURSDAY, THE 23[RD] DAY OF MARCH 2023 / 2ND CHAITHRA, 1945** ## **WP(C) NO. 40866 OF 2022** ## **PETITIONERS:** 1 KERALA LAW COLLEGE MANAGEMENT ASSOCIATION REGISTERED OFFICE AT CO-OPERATIVE SCHOOL OF LAW THODUPUZHA, IDUKKI DISTRICT, PIN 685584 REPRESENTED BY ITS SECRETARY P.J. GEORGE. 2 THODUPUZHA TALUK EDUCATIONAL- CO-OPERATIVE SOCIETY LTD. NO. 1-19, THODUPUZHA, IDUKKI DISTRICT PIN-685608 REPRESENTED BY ITS PRESIDENT, P.J GEORGE BY ADVS. ALIAS M.CHERIAN K.M.RAPHY BRISTO S PARIYARAM VIVEK RADHAKRISHNAN ARUN C.S. ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001. 2 THE PRINCIPLE SECRETARY HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 BAR COUNCIL OF INDIA NO. 21, ROUSE ROSE AVENUE INSTITUTIONAL AREA, NEAR BAL BHAVAN NEW DELHI, PIN – 110002, REPRESENTED BY ITS CHAIRMAN. 4 BAR COUNCIL OF KERALA BAR COUNCIL OFFICE, NEAR TO KERALA HIGH COURT, ERNAKULAM, KOCHI, PIN -682031, REPRESENTED BY ITS CHAIRMAN. 5 THE SECRETARY, BAR COUNCIL OF INDIA NO. 21, ROUSE ROSE AVENUE INSTITUTIONAL AREA, NEAR BAL BHAVAN NEW DELHI, PIN – 110002. **WP(C) NO. 40866 OF 2022 -2-** 6 MAHATMA GANDHI UNIVERSITY PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM, PIN 686560 REPRESENTED BY ITS REGISTRAR. 7 UNIVERSITY OF KERALA THIRUVANANTHAPURAM, PIN-695034. REPRESENTED BY ITS REGISTRAR 8 KANNUR UNIVERSITY THAVAKKARA, CIVIL STATION P.O., KANNUR, PIN-670 002 REPRESENTED ITS REGISTRAR. 9 CALICUT UNIVERSITY THENIHIPALAM, MALAPPURAM DISTRICT PIN-673635 REPRESENTED BY ITS REGISTRAR. ## **OTHER PRESENT:** SHRI. THOMAS ABRAHAM, SC, KERALA UTY, SHRI. P.C. SASIDHARAN, SC, CALICUT UTY, SRI. RAJIT, SC, BAR COUNCIL OF INDIA, SRI. SUNIL KUMAR KURIAKOSE, GP. SHRI. SURIN IPE, SC, M.G. UTY, SRI. I.V. PRAMOD, SC, KANNUR UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2023, ALONG WITH WP(C).41309/2022, 41341/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **THURSDAY, THE 23[RD] DAY OF MARCH 2023 / 2ND CHAITHRA, 1945** **WP(C) NO. 41309 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 THE PRO-VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM - 686 560. 3 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 4 BAR COUNCIL OF INDIA, REPRESENTED BY ITS CHAIRMAN, 21 ROUSE AVENUE INSTITUTIONAL AREA, NEW DELHI - 110 002. ## *** ADDL. RESPONDENT NO.5** ADDL. R5 UNIVERSITY GRANTS COMMISSION(UGC) BAHADUR SHAH SAFAR MARG, NEW DELHI. ## ***(ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 5-1-2023 IN WP(C).** BY ADV S. KRISHNAMOORTHY S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2023, ALONG WITH WP(C).40866/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **THURSDAY, THE 23[RD] DAY OF MARCH 2023 / 2ND CHAITHRA, 1945** ## **WP(C) NO. 41341 OF 2022** ## **PETITIONERS:** ILAHIA TRUST REP BY ITS GENERAL SECERATARY, MUVATTUPUZHA, MULAVOOR, PAIPARA, MUVATTUPUZHA, ERNAKULAM. 686673. BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM 1 MAHATMA GANDHI UNIVERSITY (REPRESENTED BY ITS REGISTRAR) PRIYADARSHINI HILLS, KOTTAYAM - 686 560. 2 THE PRO-VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM - 686 560. 3 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 4 BAR COUNCIL OF INDIA, REPRESENTED BY ITS CHAIRMAN, 21 ROUSE AVENUE INSTITUTIONAL AREA, NEW DELHI - 110 002. ## **RESPONDENTS:** ## *** ADDL. RESPONDENT NO.5** ADDL. R5 UNIVERSITY GRANTS COMMISSION (UGC) BHAHADUR SHAH ZAFAR MARG, NEW DELHI ## ***** [ **ADDL. RESPONDENT NO.5 IS SUO MOTU IMPLEADED AS ADDITIONAL R5 AS PER ORDER DATED 05.01.2023 IN WP(C)]** BY ADV S. KRISHNAMOORTHY S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2023, ALONG WITH WP(C).40866/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **THURSDAY, THE 23[RD] DAY OF MARCH 2023 / 2ND CHAITHRA, 1945** ## **WP(C) NO. 41352 OF 2022** ## **PETITIONER:** INDIRA GANDHI MEMORIAL TRUST, REPRESENTED BY ITS GENERAL SECRETARY, NELLIKKUZHI.P.O. KOTHAMANGALAM - 686 691. BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM 1 MAHATMA GANDHI UNIVERSITY, (REPRESENTED BY ITS REGISTRAR) PRIYADARSHINI HILLS, KOTTAYAM - 686 560. 2 THE PRO-VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM - 686 560. 3 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4 BAR COUNCIL OF INDIA, REPRESENTED BY ITS CHAIRMAN, 21 ROUSE AVENUE INSTITUTIONAL AREA, NEW DELHI - 110 002. ## **RESPONDENTS:** ## *** ADDL. RESPONDENT NO.5** ADDL R5 UNIVERSITY GRANTS COMMISSION(UGC), BAHADUR SHAH ZAFAR MARG, NEW DELHI. ## *** [ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 05-01-2023 IN WP(C)NO.41352/2022]** BY ADV S. KRISHNAMOORTHY S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2023, ALONG WITH WP(C).40866/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C) Nos.40866, 41309 & 41341, 41352 of 2022 = = = = = = = = = = = = = = = = = = Dated this the 23[rd] day of March, 2023** ## **J U D G M E N T** W.P.(C) Nos. 41309/2022, 41341/2022 and 41352/2022 are filed by Educational Agencies challenging the rejection of their application for affiliation to start new unaided law colleges. W.P.(C) No.40866/2022 is filed by an association of management of self financing law colleges against the grant of affiliation for new law colleges. The petitioners in W.P.(C) Nos. 41309/2022, 41341/2022 and 41352/2022 are herein after referred to as, “the educational agencies”, and the petitioner in W.P.(C) No.40866/2022 as, “the association”. 2. Heard learned Senior Counsel Sri.Kurian George Kannanthanam on behalf of the Educational Agencies, Sri.Alias M. Cherian, learned counsel for the association, Sri.Surin George Ipe, learned Standing Counsel for the M.G. University, Sri.Rajit, learned **W.P.(C) No.40866/2022 & con. cases** -: 2 :- Standing Council for the Bar Council of India and Sri.S.Krishna Moorthy, learned counsel appearing for the UGC, and the learned Government Pleader. 3. The educational agencies, who are the writ petitioners, applied for grant of affiliation in terms of Statute-9 of Chapter 23 of the Mahatma Gandhi University Statutes, 1997 to start law colleges. In terms of Statute 9(1), once the application is considered favourably by the University, the University will issue a Commission to inspect the site and ascertain the facilities including the suitability of site etc. for starting the new College/Course. The University having considered the educational agencies' applications favourably, issued a Commission for inspection and report. On inspection, the Commission reported in favour of the Educational Agencies. 4. Statute 9(7) requires that, prior to the decision of the Syndicate regarding grant of **W.P.(C) No.40866/2022 & con. cases** -: 3 :- affiliation, the views of the Government is also to be ascertained. In tune thereof, the University sought views of the Government. In the meantime, the petitioner in W.P.(C) No.41309 of 2022 approached the Government for issuance of NOC for starting the College. But the request was turned down. The Educational Agencies in the meantime approached this Court through W.P.(C) Nos. 36976/2022, 37180/2022 and 37186/2022 seeking direction against the University to pass final orders on their applications. The writ petitions were disposed of by this Court as per judgment dated 28.11.2022. This Court directed that the views of the Government be obtained and the applications be ordered within the time stipulated therein. 5. Thereafter, the University passed the impugned order bearing No.12601/AC/A1/2022/MGU dated 13.12.2022 (Ext.P8 in W.P.(C) No.41309/2022, Ext.P6 in W.P.(C) No.41341/2022 and Ext.P6 in W.P.(C) No.41352/2022) **W.P.(C) No.40866/2022 & con. cases** -: 4 :- rejecting the application for affiliation. The reason for rejection was stated as, “presently the Government is not considering the matter of sanctioning new law colleges”. It is accordingly that the petitioners have approached this Court. 6. As noticed supra, it is after the favourable consideration of the applications of the educational agencies by the University that necessary inspections were conducted, reports obtained and the grant of affiliation was recommended to the Government for their views. In the last lap, the affiliation is declined for the reason that, the Government is not considering any applications for grant of new law colleges. 7. In this context, the judgment of a Division Bench of this Court in _**State of Kerala v. M.G.M. College of Arts and Science, Trivandrum and Anr. [2017 (3) KHC 965]**_ is apposite. That was a case where, a Government order resolving not to grant new colleges and courses in the Self Financing **W.P.(C) No.40866/2022 & con. cases** -: 5 :- Sector in the higher education field in the State was under challenge. The Division Bench of this Court observed thus:- _“..... We may mention that this State is proud of 100% literacy, but that is not carried to the collegiate level. There is dearth of educational institutions at the higher level with a large number of students moving to other neighboring States for higher education. Yet, such a decision is taken by the Government. The learned Single Judge has set aside the said Government order and rightly so in our view.”_ 8. Considering the right to education as part of fundamental right, the Division Bench further ## observed :- _“..... It is too late in the day now to contend that right to education is not a part of fundamental rights, for, at last Art.21A of the Constitution has been brought in, but in a limited sense only. Notwithstanding that, can anyone consider life and liberty de hors education? Can anyone consider trade, commerce and business without education? Can anyone consider a livelihood without education? That being the foundation, then the right to provide education_ **W.P.(C) No.40866/2022 & con. cases** -: 6 :- _would also form a part thereof. If that be so, then that can only be taken away by law and not by mere executive fiat. …..”_ As noticed by the Division Bench, large number of students move to neighbouring states for higher education for lack of adequate institutions in this State. If the State does not provide adequate facilities, the students will be compelled to move to other states to secure their aspired professional and other degree courses. The University has declined to grant the affiliation for the sole reason that, they were informed by the Government as per letter No.C1/134/2022-HEDN dated 27.07.2022 that the Government is presently not considering the matter of sanctioning new law colleges. The Educational Agencies have successfully satisfied the prescriptions for grant of affiliation but for the final nod from the Government. **W.P.(C) No.40866/2022 & con. cases** -: 7 :- 9. Statute 9(7) in Chapter 23 of the University Statutes, referred to supra, mentions about “ascertaining the views of the Government prior to grant of affiliation.” Referring to the said expression “ascertaining the views of the Government”, in _**MGM College case** (supra)_ the Division Bench held that, unless there are cogent deficiencies in the institution, it will be travesty of justice to give the power to the Government to decline its permission after the educational agency having invested crores of rupees, spent several years in establishing an institution, in recruiting people, construction of building etc. The Division Bench held thus:- _“..... Surely, that is not the power of the Government as contemplated under Clause 9(7) of the Statutes. The power is for the Government to recommend proper compliance of the Statutes, and insofar as improvement of infrastructure is concerned, it is for the University to see, whether the standards are met. Now, once the University approves of the standards that are to be met, in our view, the Government would have no_ **W.P.(C) No.40866/2022 & con. cases** -: 8 :- _say to advice the University to reject affiliation. If it does, it would be arbitrary unless good reason is shown by the State.”_ 10. It would not be fair on the part of the State to adopt a stand not to consider the applications for affiliations at all, especially on the facts noticed first above. The educational agencies have gone through the entire process, made all infrastructural and other facilities. At this stage, the stand adopted by the Government cannot be countenanced. 11. However, there is a hitch. The UGC (Affiliation of colleges by the Universities) Regulation, 2009 provide for grant of temporary affiliation and permanent affiliation. An application for permanent affiliation could be submitted only after completion of five years since issuance of temporary affiliation. Regulation 4.4.5 stipulates that, the application for temporary affiliation is to be accompanied by the certified copy of appropriate order from the Government permitting the **W.P.(C) No.40866/2022 & con. cases** -: 9 :- starting of the College. As per the University Act and Regulations, the NOC from the Government is required only at the last stage. Noticeably, there is difference in the procedure prescribed under the UGC Regulations and the University Statutes. The University chose to proceed in terms of its statutes and was satisfied about the compliance of the requirements by the Educational Agencies, and was awaiting the concurrence from the Government. Apparently, the rejection of the applications of the Educational Agencies were not on the ground of non-annexing of NOC from the Government. The UGC had issued a notification dated 13.02.2012 whereunder, with regard to granting of temporary affiliation, the clause 4.9 of the UGC Regulations of 2009 was substituted providing that, the syndicate/ executive council of the University shall be the ultimate authority to decide granting, or not granting the affiliation. It is not in dispute that when there is **W.P.(C) No.40866/2022 & con. cases** -: 10 :- inconsistency between the UGC regulations and the University Statutes, the former will prevail. Going by the UGC Regulations, the application for affiliation is to be supported by the NOC from the Government. However, the applications of the educational agencies were not rejected on the said ground. If the NOC was insisted initially, at the commencement of the process, the situation would have been different. 12. The learned counsel appearing of the Association submits that uncontrolled grant of affiliation would result in degradation of the educational quality. As of now, even the seats in the existing Colleges are lying vacant and if more Colleges are sanctioned, it will not be in anybody’s interest, he submits. However, the learned counsel for the Calicut University, referring to their counter affidavit pointed out that, the members of the petitioner Association have submitted applications for starting additional **W.P.(C) No.40866/2022 & con. cases** -: 11 :- programmes even in this academic year. Similar contention as is now urged by the Association was urged in _**M.G.M College case** (supra)_ and dealing with the contention the Division Bench held thus, _“Learned Standing Counsel for the University vehemently argued that there is likelihood of mushrooming growth of such educational institutions. We see no wrong in such growth, for, we are of the view that the system works on the principle of demand and supply. No person will sink crores of rupees to establish an institution, if there is no demand for it. If there is no demand for it, then an institution which is already set up would diversity to other activities or other courses. They being unaided institutions, they have to look out for their own finances. They know what is best for them. Creating or continuing with the scarcity situation only undermines education and deprives the people of their needs. It is the students and their parents and also their guardians, who would decide where to go, which course they would follow, and which college is ideally suited for the student. In such matter, the Government should have a restrained approach. Leave the matter to the University to decide.”_ **W.P.(C) No.40866/2022 & con. cases** -: 12 :- 13. Considering the entirety of the facts as above, it is deemed to be just and proper that the Government considers the application of the petitioners educational agencies for grant of NOC afresh and passes appropriate orders. While doing so, the government shall have due consideration of the observations of the Division Bench in _**M.G.M. College case**_ referred to supra. Since the next academic year is to commence soon, immediate action by the authorities concerned is called for. 14. Resultantly, the writ petitions are disposed as hereunder :- 1) Ext.P6 order of the Government dated 24.09.2022 in W.P.(C) No.41309/2022, Ext.P8 in W.P.(C) No.41309/2022, Ext.P6 in W.P.(C) No.41341/2022 and Ext.P6 in W.P.(C) No.41352/2022 are quashed. 2) The petitioners shall, within a period of one week from today submit applications for NOC from the Government. **W.P.(C) No.40866/2022 & con. cases** -: 13 :- 3) The applications as mentioned in Clause 2 above shall be considered by the appropriate authority of the Government as expeditiously as possible and at any rate before 20.04.2023, after affording an opportunity of hearing to the Educational Agencies. 4) If favourable orders are issued to the Educational Agencies, the University shall, without any further delay process the applications of the Educational Agencies, treating it to be applications for the next academic year and pass orders in accordance with law. W.P.(C) No.40866/2022 will stand dismissed. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge ## **APPENDIX OF WP(C) 41309/2022** PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF THE APPLICATION DATED 31.8.2021| |---|---| ||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 26-7-2022| ||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 24.9.2022| ||ISSUED BY THE GOVERNMENT.| |EXHIBIT P7|TRUE COPY OF THE JUDGMENT DATED 28.11.2022 IN| ||WP(C) NO.36976/2022 OF THIS HON'BLE COURT.| |EXHIBIT P8|TRUE COPY OF THE ORDER NO.12601/AC A| ||1/2022/MGU DATED 13.12.2022 ISSUED BY THE 1ST| ||RESPONDENT.| |RESPONDENT ANNEXURES|| |ANNEXURE R5(A)|TRUE COPY OF THE UGC( AFFILIATION OF COLLEGES| ||BY UNIVERSITIES) REGULATION 2009| |ANNEXURE R5(B)|2012 TRUE COPY OF THE OF THE UGC| ||( AFFILIATION OF COLLEGES BY UNIVERSITIES)| ||(1ST AMENDMENT) REGULATIONS 2012 DATED| ||13.2.2012| ----- ## **APPENDIX OF WP(C) 41341/2022** PETITIONER EXHIBITS - EXHIBIT P1 A TRUE COPY OF THE APPLICATION 26/8/2021 SUBMITTED BY THE PETITIONER FOR AFFILIATION - EXHIBIT P2 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 4492 AC A 1/2022//MGU DATED 29/4/2022 ISSUED BY THE UNIVERSITY - EXHIBIT P4 A TRUE COPY OF THE LETTER NO 187154/ACA13/2021/ACAD DATED 26-7-2022 ISSUED BY MAHATMA GANDHI UNIVERSITY. EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN WPC NO 37186/ 2022 DTD 28/11/2022 OF THIS HONOURABLE COURT EXHIBIT P6 A TRUE COPY OF THE ORDER NO 12601/ACA1/ 2022/MGU DTD 13/12/2022 ISSUED BY THE UNIVERSITY. ----- ## **APPENDIX OF WP(C) 41352/2022** 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/ACA13/2021/ACAD DATED 26-7-2022 ISSUED BY MAHATMA GANDHI UNIVERSITY. - EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC 37180/2022 DTD 28/11/2022 OF THIS HONOURABLE COURT. - EXHIBIT P6 A TRUE COPY OF THE ORDER NO. 12601/AC A1/2022 MGU DTD 13/12/2022 ISSUED BY THE UNIVERSITY. ----- ## **APPENDIX OF WP(C) 40866/2022** ## PETITIONER EXHIBITS |EXHIBIT1|A TRUE COPY OF THE REPRESENTATION DATED| |---|---| ||08/06/2022 SUBMITTED BEFORE 2ND RESPONDENT| |EXHIBIT P2|A TRUE COPY OF THE JUDGMENT DATED 29/07/2022| ||IN WPC NO.24436 OF 2022 PASSED BY THIS| ||HON'BLE COURT.| |EXHIBIT P3|A TRUE COPY OF THE GOVERNMENT ORDER (ORD) NO| ||1755/22/HEDN DATED 26/11/2022 ISSUED BY THE| ||1ST RESPONDENT| |EXHIBIT P4|A TRUE COPY OF THE REPRESENTATION DATED| ||08/12/2022 SUBMITTED BEFORE THE 3RD| ||RESPONDENT| |EXHIBIT P5|A TRUE COPY OF THE THE REPRESENTATION DATED| ||08/12/2022 SUBMITTED BEFORE THE 4TH| ||RESPONDENT| |EXHIBIT P6|A TRUE COPY OF THE REPRESENTATION DATED| ||08/12/2022 SUBMITTED BEFORE THE 6TH| ||RESPONDENT| |EXHIBIT P7|A TRUE COPY OF THE REPRESENTATION DATED| ||08/12/2022 SUBMITTED BEFORE THE 7TH| ||RESPONDENT| |EXHIBIT P8|A TRUE COPY OF THE REPRESENTATION DATED| ||08/12/2022 SUBMITTED BEFORE THE 8TH| ||RESPONDENT| |EXHIBIT P9|A TRUE COPY OF THE REPRESENTATION DATED| ||08/12/2022 SUBMITTED BEFORE THE 9TH| ||RESPONDENT| |RESPONDENT ANNEXURES|| |ANNEXURE R7(A)|THE TRUE COPY OF THE REPLY LETTER NO.61028/AC| ||B II/2022/UOK DATED 27.12.2022| -----