INDIA KERALA DIVISION BENCH OF KERALA HIGH COURT UPHELD THE DECISION OF THE GOVERNMENT AND UNIVERSITIES TO ALLOW UNAIDED COURSES IN AIDED COLLEGES IN THE STATE KOCHI;A Division Bench of Kerala High Court on Monday upheld the decision of the government and the universities in the state to allow unaided courses in aided colleges in the state Dismissing the appeals filed by the Kerala Arts and Science Unaided College Managements Association and some students against a single judge verdict, the Bench comprising Acting Chief Justice Ashok Bhushan and Justice A.M.Shaffique observed that there was no statutory restriction on the power of the Universities and the state government to sanction new courses in unaided stream in an existing aided college. The Bench was dismissing the appeals against a single judge’s order upholding the decisions to grant unaided courses in aided colleges. The government said that an agreement was normally executed with the management on the teaching staff, financial commitment, and sharing of seats before giving a no-objection certificate. The agreement contained clauses to the effect that the services of staff of aided sectors would not be utilized for the unaided courses and that there would not be any financial burden on the government. The government reserved its power to withdraw sanction without formal notice to the educational agency in the event of breach of any of the terms and conditions of the agreement. The petitioners contended that interest of students undergoing aided courses would be in peril if the infrastructural and instructional facilities were shared by students undergoing unaided or self-financing courses. The single Judge had observed that the government submission would allay the apprehension of the petitioners that the service of the teaching and non-teaching staff in the aided sector would be utilized for the unaided sector too in the colleges.Morevoer, the university acts and statutes provided for de-affiliation of the college or course on the violation of the terms of the grant of affiliation on motion moved by the aggrieved parties.
Posted on: Sun, 05 Oct 2014 02:12:11 +0000
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