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Judgment
M.Y. Eqbal, C.J.—The Hon''ble The Chief Justice This pro bono publico has been filed for the issuance of a Writ of Mandamus directing
the 1st and 2nd Respondents to extend the notification of the 2nd Respondent issued vide their Circular bearing No. DHTE/ESTT/C4/2008/44
dated 13.11.2008 to 3rd Respondent-College.
The third Respondent-College is governed by the rules and Regulations of the Government of Puducherry. The college is offering 11 Under
Graduate Courses and 2 Post Graduate Courses. The admission to each course in the 3rd Respondent - College is made under the strict
guidelines of the 2nd Respondent. On 13.11.2008 the 2nd Respondent had issued a notification vide its Circular No. DHTE/ESTT/C4/2008/44
dated 13.11.2008 informing the College Heads coming under its jurisdiction to review the courses offered by them to improve their working
standards. It is further stated that the 2nd Respondent had also issued certain directions to the Colleges in respect of filling up of vacant seats
meant for the candidates belonging to other States, by collecting double the rate of fees from such students. It is stated that the 2nd Respondent''s
intention in issuing the Circular dated 13.11.2008 is to fill up all the seats in every college either through candidates from Puducherry or from other
States. The contention of the Petitioner is that the 3rd Respondent is not giving effect to the Circular dated 13.11.2008 of the 2nd Respondent,
and the 3rd Respondent-College is admitting candidates only from Puducherry, and because of this many seats remain vacant. In the academic
year 2008-2009, only 136 seats got filled out of the sanctioned strength of 285, depriving admission to many deserving students. It is finally stated
that the existing infrastructure and other beneficial schemes in the 3rd Respondent college is intended for the benefits of the student community at
large and they should not be curtailed to the students of Puducherry alone, especially when other similarly placed colleges are inducting students
from other States.
A counter affidavit has been filed by the Joint Secretary to Government (Education), Chief Secretariat, Government of Puducherry stating that in
the Mahe region of Puducherry, only one Government Arts College viz., the 3rd Respondent-College exists. It is further stated that admission into
the said college is purely based on merits, and students of other States are also admitted in the said college. Further, it is stated that 10% of seats
are reserved for students belonging to the State of Kerala. Since, the existing courses in the colleges situated in the Union Territory of Puducherry
were introduced since forty years back, and most of the Under Graduate Courses are less in demand and unpopular, the 2nd Respondent had
issued instructions vide its Circular dated 13.11.2008 to the Principals of all Arts and Science Colleges in the Union Territory of Puducherry to
review the various existing courses at both Under Graduate and Post Graduate levels from the Academic Year 2008-2009. It is further stated that
restructuring the existing courses in various colleges of Puducherry is a lengthy process, and the Government had already taken steps to discuss the
matter with the Pondicherry University to introduce new courses as per the latest requirements of students and demands in various fields. Due to
the less demanding and unpopular courses, the student ratio to such courses is decreasing every year in many colleges in the Union Territory of
Puducherry. The vacant seats in various disciplines arise every year, not only in Mahe College, but also in Puducherry, Karaikal and Yanam
Colleges of the Union Territory of Puducherry for various reasons. It is stated that unfilled seats in a college for any particular year is a temporary
phenomenon and not a permanent one. Once, the government completes restructuring the courses by introducing new courses as per the
requirement/demands of the students community, in consultation with the Pondicherry University, the student ratio of all colleges will automatically
improve. Hence, it is not a mandatory rule to accommodate students of other States in the unfilled seats permanently in the 3rd Respondent-
College, in addition to 10% reservation already given to the students belonging to Kerala State. It is further stated that even though 3rd
Respondent-College is giving 10% allotment to the students belonging to the State of Kerala, yet the State of Kerala is not reciprocating by making
such allotment to the students of Mahe region. Therefore, in order to avoid such a situation, the Government of Puducherry has taken efforts to
discuss with the Government of Kerala for making reciprocal arrangements for accommodating students of the two States. Hence, the Government
of Puducherry has decided that until a decision is taken in the matter of seat sharing, No. more additional seats need be allocated to the students of
other States and the third Respondent was also instructed not to give effect to the Circular dated 13.11.2008, and the same is communicated to
him vide I.D.Note/Memorandum dated 30.12.2008 and hence, the Circular dated 13.11.2008 cited by the Petitioner became infructuous. Finally,
it is stated that the above said stand is taken to safeguard the interest of the Mahe students and to avoid subsequent future consequences.
We have heard the learned Counsel for the Petitioner as well as the learned Government Pleader appearing for the Union Territory of
Puducherry and perused the affidavits.
Indisputably, in view of the unpopular courses offered by the colleges in Puducherry, the ratio of the studnets enrolling in such courses is
decreasing every year in many colleges in the Union Territory of Puducherry. It is staed by the Government of Puducherry that they are
restructuring the courses by introducing new courses as per the requirements of the students, in consultation with the Pondicherry University.
Certainly, once the new courses are introduced and the quality of education is improved, the student ratio of the colleges in Puducherry will
automatically improve. Therefore, if the students of other States are given admission, in addition to the 10% reservation being given to the students
belonging to the State of Kerala, it would create serious problems in future. Moreover, it is also seen that the colleges situated in the State of
Kerala are not giving so much reservation for the students hailing from the Union Territory of Puducherry. However, it appears that the
Government of Puducherry is holdings discussions with the Government of Kerala to make reciprocal arrangement for sharing seats in the colleges
of Kerala by accommodating the students of Puducherry, on a reciprocal basis.
In the aforesaid facts and circumstances, No. direction can be issued in terms of the prayer made by the Petitioner in the writ petiion. However,
we direct the Government of Puducherry to take all necessary steps for improving the courses of study in the colleges across the Union Territory of
Puducherry, in consultation with the Pondicherry University, and take a decision in this behalf as expeditiously as possible. Simultaneously, the
Government of Puducherry may go ahead with the discussions with the Government of Kerala and try to arrive at an amicable settlement for
accommodating the students belonging to the Union Territory of Puducherry in the colleges situated in the State of Kerala on a reciprocal basis.
With the aforesaid directions and observations, this writ petition stands disposed of. There shall be No. order as to costs.