Vinil Varghese vs State Of Kerala And Ors

The petitioner, who is stated to be the Manager of “SES Collegeâ€, Sreekandapuram, Kannur, has approached this Court seeking a direction to

the 1st respondent - Government to consider Exts.P2 and P7 recommendations of the University of Kannur and to sanction at least one course each,

as recommended therein, taking note of Exts.P8, P9 and P10 orders, within a time frame to be fixed by this Court.

However, in answer to the afore submissions of Sri.George Mecheril, learned counsel for the petitioner, the learned Special Government Pleader,

Sri.M.A.Asif, submitted that, as could be seen from Ext.P5, the University has specifically mandated that the four year and five year programmes in

any College can be commenced only if they are able to achieve the NAAC accredited Score of 3.26 or higher; or NIRF ranking under 100. The

learned Special Government Pleader submitted that even as per the declarations made by the petitioner, which is available in Ext.P6, their NAAC

accredited score is only 2.55; and therefore, that Government has not considered Exts.P2 and P7 recommendations until now. He added that if the

College is able to improve their NAAC accredited score, the Government will consider their case at the appropriate time.

In reply, Sri.George Mecheril, learned counsel appearing for the petitioner, refuted the afore submissions of Sri.M.A.Asif, by saying that Kannur

University has issued another notification dated 21.09.2020, whereby, the time frame for making applications has been extended and it has been made

clear therein that the NAAC accredited Score or NIRF ranking is not relevant. He, therefore, prayed that this writ petition be ordered and the

Government be directed to consider Exts.P2 and P7 recommendations at the earliest.

When I assess the afore submissions, it is without doubt that the parties are at divergence as to whether the NAAC accredited score or NIRF

ranking are relevant at the time when the “New Generation coursesâ€​ are to be considered for sanction.

I am, therefore, of the view that it will not be justified for this Court to enter into a conclusive decision on these aspects, since it is obvious that,

going by the applicable Rules and Regulations, it is for the Government to take a decision on this at the first instance.

In the afore circumstances, I order this writ petition and direct the 1st respondent to take up Exts.P2 and P7 recommendations made by the Kannur

University and to consider the same, after affording an opportunity of being heard to the petitioner - either physically or through video conferencing -

thus culminating in an appropriate order thereon, as expeditiously as is possible but not later than three weeks from the date of receipt of a copy of this

judgment.

Needless to say, while the afore exercise is completed, the Government will consider every circular which is applicable, including the one

aforementioned by Sri.George Mecheril.