Kerala High Court quashes government order on new self-financing colleges

Kochi: The Kerala High Court has quashed a Government Order refusing sanction for starting new self-financing colleges and courses in aided colleges. A single bench held the order unconstitutional while considering a batch of petitions challenging the government order.

The petitioners had sought permission to start a new college during the academic year 2016-2017. The court observed that the Government Order dated August 22, 2016 was unconstitutional and said that the universities should consider the application of the petitioners in the light of the respective university statutes in accordance with the law.

The petitioner institutions sought affiliation from the universities of Kerala, Kannur and Calicut. In most cases, the university after having received applications had recommended to grant affiliation subject of the petitioners obtaining no-objection certificate from the government.

The court observed, “The institutions have invested money for starting colleges on the basis of a letter of consent issued by the university and now they are told that in view of the government restrictions, no affiliation could be granted.”

“There cannot be a blanket restriction being imposed by the government. If it has a case that there is no necessity for a college in a particular region, then it can frame a law in that regard. Expressing a view and giving blanket direction that no colleges could be started amounts to infringement of the fundamental right of a citizen,” the court held.

It asked the respective universities to consider the application of the petitioners in the light of the respective university statutes and decide within a period of one month.