M.S.M. College vs State of Kerala

Babu Mathew P. Joseph, J.—This Writ Petition has been filed for a direction to the 2nd respondent to grant A grade status to the petitioner''s college and to sanction the non-teaching staff pattern as applicable to an A grade college. Heard the learned Senior Counsel appearing for the petitioner, learned Government Pleader appearing for the respondents 1 and 2 and the learned Standing Counsel appearing for the 3rd respondent.

The short question to be considered and answered is whether the petitioner''s college can be granted the status of an A grade college or not. As per the Revised Staff Pattern and Work Norms for Aided Arts & Science Colleges, Training Colleges and Arabic Colleges appended to Ext. P1 Government order dated 17.9.2004, the criteria for granting A grade are that a college should have a minimum of 20 degree courses and at least 5 post graduate courses and student strength of 1200 or more. But, as per Ext. P1(c) order dated 9.5.2008 issued by the Government, the number of courses required in A grade colleges has been refixed from 20 to 18 by way of amending Ext. P1 order. Learned counsel for the petitioner submits that the petitioner''s college has 14 degree courses and 6 post graduate courses and hence, a total of 20 courses are there satisfying the criterion for treating that college as an A grade one. This does not appear to be correct. The criteria for granting A grade to a college prescribed under Ext. P1 read as follows:

A minimum of 20 Degree courses and at least 5 Post Graduate courses and student strength of 1200 or more.

The relevant portion of the amendment, which is relied on by the learned Senior Counsel for the petitioner, with regard to the number of courses required for granting A grade to a college reads as follows:

The number of courses in ''A'' grade colleges shall be refixed from 20 to 18.

It is pertinent to note that this amendment does not mention about the requirement of at least 5 post graduate courses prescribed under Ext. P1. The amendment simply says about the ''number of courses'' required. It does not specify the number of degree courses or the number of post graduate courses required. This may create some doubt regarding the number and nature of courses required for granting A grade. But, such a doubt can be cleared by a thorough reading and analysis of the relevant amendment along with the criteria prescribed under Ext. P1. The amendment shows that the number of courses is refixed from ''20'' to 18. As per Ext. P1, for granting A grade to a college, a minimum of ''20'' degree courses and at least 5 post graduate courses and student strength of 1200 or more are required. Ext. P1 has been amended by way of issuing Ext. P1(c) order reducing the ''number of courses'' from 20 to 18. Therefore, the ''number of courses'' and the figure ''20'' used in the amendment can only be read and understood as reducing the number of degree courses from 20 to 18. The amendment does not take away the requirement of at least 5 post graduate courses and student strength of 1200 or more. The amendment only reduced the number of degree courses required for granting A grade to a college from 20 to 18. Admittedly, the petitioner''s college has only 14 degree courses which do not satisfy the requirement of 18 degree courses and therefore, it cannot claim the status of an A grade college. The petitioner''s college satisfies the condition with regard to the number of post graduate courses required for granting A grade. But, it does not satisfy the requirement of the number of degree courses. Therefore, the prayer of the petitioner that his college should be granted A grade cannot be accepted. This Writ Petition fails and hence, it is dismissed.