W.P.(C) No. 15593 of 2014 (Y). Case: Sree Dharma Paripalana Yogam and Ors. Vs State of Kerala and Ors.. High Court of Kerala (India)
| Case Number | W.P.(C) No. 15593 of 2014 (Y) |
| Counsel | For Appellant: V. John Mani, Adv. and For Respondents: K.A. Jaleel, Addl. Advocate General, Noushad Thottathil, Government Pleader and Joice George, SC |
| Judges | P. V. Asha, J. |
| Issue | Constitution of India - Article 19(1)(g) |
| Judgement Date | August 14, 2015 |
| Court | High Court of Kerala (India) |
Judgment:
P. V. Asha, J.
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Shree Dharma Paripalana Yogam, Palluruthy (SDPY) which is a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, along with its President, have filed this writ petition challenging Ext. P8 order issued by the Government, by which their application for NOC for starting a Self Financing Law College was rejected on the ground that the Government has taken a decision to consider only the applications from educational trusts from those districts where no legal educational institutions exist and further that more than two self Financing Law colleges would not be sanctioned in a district in order to ensure the quality of legal educational institutions in the State.
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The petitioners challenge this order on the ground that the same is arbitrary. It is contended that sanctioning of more than two colleges in a district will not in any way affect the quality of legal education. It is also submitted that the right of an aspirant to legal education is curtailed on account of such decision of the Government. It is also pointed out that the Government is imposing restrictions in the case of law colleges alone, while no such restrictions are imposed in respect of medical colleges and engineering colleges.
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The petitioners submitted an application - Ext. P2 for starting a Self Financing Law College in Palluruthy in Ernakulam District. The subject for the course was mentioned as LLB (3 year regular course), LLB (3 years evening class) (LLB 5 years). The application was submitted before the Mahatma Gandhi University (hereinafter referred to as 'University') and on receipt of the same the University constituted an inspection Committee as per Ext. P3 on 31.5.2013, as provided under Section 10(17) of the M.G. University Act, 1985. Accordingly, Professor Satheesh Kochuparambil (Member Syndicate) and Gifty Umman (Government Law College, Ernakulam) were constituted an Inspection Committee for the self financing law college under the petitioner for conducting the courses of LLB (3 year) evening classes and BA LLB. Thereafter on the basis of Ext. P4 order Syndicate Standing committee on affiliation in its meeting held on 11.4.2013 decided to recommend sanction for starting self financing law colleges for the academic year 2013-2014, after getting the view of Government on the necessity and feasibility of starting them. Thereafter the University forwarded the files to the Government for clearance/NOC as per Ext. P5 letter dated 14.6.2013. Thereafter as per Ext. P8 letter dated 5.9.2013, the Government rejected the application for the reasons mentioned earlier.
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According to the petitioners, they have submitted their application in terms of the guidelines issued by Government, for...
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