IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 16477 of 2009(S) -------------------------- PETITIONER(S): --------------- 1. SHAJERKHAN.M., AGED 39 YEARS, S/O.E.M.HANEEFA, GENERAL CONVENER, SARVAKALASALA VIDYABYASA SAMRAKSHANA VEDI, TC 12/1242, TRIVANDRUM - 695 035. 2. SABOORA.A., D/O.LATHEEF, FLORAL HOUSE, TC 43/994, PARUTHIKUZHI, MANACAUD P.O., TRIVANDRUM. (KERALA UNIVERSITY B.A. DEGREE COURSE APPLICANT). 3. ASWATHI, D/O.RAJENDRAN.C.K., CHOORAKULANGARA VEEDU, KANJIRAMATTOM P.O., ERNAKULAM - 682 315. (M.G.UNIVERSITY B.A. DEGREE COURSE APPLICANT). 4. RAHEEM.K., S/O.IBRAHIM, KARIYARATH, OLLUR, KUNNATHARA P.O., QUILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.MANJERI SUNDERRAJ SMT.K.K.PREETHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA UNIVERSITY, REP.BY ITS REGISTRAR, UNIVERSITY OF KERALA, PALAYAM, TRIVANDRUM. 3. MAHATMA GANDHI UNIVERSITY, REP.BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY CAMPUS, KOTTAYAM. W.P.(C) No.16477 of 2009 : 2 : 4. CALICUT UNIVERSITY, REP.BY ITS REGISTRAR, CALICUT UNIVERSITY CAMPUS, TENHIPALAM, KOZHIKODE - 673 635. 5. THE KERALA STATE HIGHER EDUCATION COUNCIL, REP.BY ITS VICE CHANCELLOR DR.K.N.PANICKER, PMG, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033. ADDL. 6. THE KERALA STATE HIGHER EDUCATION COUNCIL REP. BY REGISTRAR, PMG, VIKAS BHAVAN P.O. THIRUVANANTHAPURAM – 695 023 (IMPLEADED AS ADDL. 6TH RESPONDENT AS PER COMMON ORDER DATED 29.6.2009 IN W.P.(C) NO.16477, 17664 & 18080 OF 2009) BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R4 BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE FOR R5 & R6 SRI.P.DEEPAK BY ADVOCATE GENERAL SRI.C.P.SUDHAKARA PRASAD FOR R1 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R3 BY ADV. SRI.M.RAJAGOPALAN NAIR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2009, ALONG WITH WPC NOS. 17664 & 18080 OF 2009, THE COURT ON 25/08/2009 DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.16477 OF 2009 PETITIONER'S EXTS: EXT.P1 TRUE COPY OF REPORT ON RESTRUCTURING UNDER GRADUATE EDUCATION ISSUED BY THE 5TH RESPONDENT. EXT.P2 TRUE COPY OF ADDITIONAL GUIDELINES AND SYLLABI FOR COMMON METHODOLOGY COURSES ISSUED BY THE 5TH RESPONDENT. EXT.P3 TRUE COPY OF THE EXTRACT FROM THE KERALA UNIVERSITY STATUTES PAGE 233 CONCERNING CHAPTER 39 PROCEDURE FOR MAKING REGULATIONS. EXT.P4 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT UNIVERSITY OF KERALA SCHEDULING THE DATES FOR ADMISSION TO THE DEGREE COURSES FOR THE ACADEMIC YEAR 2009-10. EXT.P5 TRUE COPY OF THE PROSPECTUS FOR 2009-10 ISSUED BY THE UNIVERSITY COLLEGE, THIRUVANANTHAPURAM, UNDER 2ND RESPONDENT KERALA UNIVERSITY. EXT.P6 TRUE COPIES OF RESIGNATION LETTERS BY DR.S.NAGESH DR.C.RAJAN AND M.JYOTHIRAJ, MEMBERS OF BOARD OF STUDIES (ENGLISH) UG. EXT.P7 TRUE COPY OF OBJECTION NOTES RAISED BY THE COLLEGE PRINCIPALS' ASSOCIATION. EXT.P8 TRUE XEROX COPIES OF NEW PAPER CUTTINGS FROM THE NEW INDIAN EXPRESS DT. 3.6.2009 AND FROM HINDU DT. 9.6.2009 ON THE CHOICE BASED CREDIT SEMESTER SYSTEM. EXT.P9 TRUE COPY OF THE REPRESENTATION MADE BEFORE THE HON'BLE CHIEF MINISTER, KERALA, BY THE FIRST PETITIONER BODY THROUGH ITS CHAIRMAN RAJN VARGHESE AND GENERAL CONVENER M.SHAJERKHAN. EXT.P10 TRUE COPY OF NEWS PAPER HINDU DAILY DT. 29.5.2009. RESPONDENT'S EXHIBITS: EXT.R4(a) TRUE COPY OF THE CHRONOLOGICAL EVENTS LEADING TO THE FRAMING OF REGULATIONS BY THE UNIVERSITY IN THE FORM OF A CHART. EXT.R4(b) TRUE COPY OF THE REGULATION. EXT.R4(c) TRUE COPY OF THE PROCEEDINGS ISSUED ON 19.6.2009 EXT.R4(d) TRUE COPY OF THE ACADEMIC CALENDER. EXT.R1(a) TRUE COPY OF LETTER DT. 31.1.2008 SENT BY THE CHAIRMAN, UGC TO ALL THE VICE CHANCELLORS. EXT.R1(b) TRUE COPY OF GOVERNMENT ORDER DT. 23.6.2008. W.P.(C) No.16477 of 2009 EXT.R1(c) TRUE COPY OF GOVERNMENT ISSUED G.O. (MS) NO.50/08/H.Edn. DATED 9.5.2008. EXT.R1(d) TRUE COPY OF PROSPECTUS 2009-10 ISSUED AT ST.THOMAS COLLEGE, PALA. EXT.R2(a) TRUE COPY OF THE CHRONOLOGICAL STATEMENT OF THE PROGRAMMES. EXT.R2(b) TRUE COPY OF THE NOTIFICATION ISSUED BY THE HIGHER EDUCATION COUNCIL ON 19.6.2009. EXT.R2(c) TRUE COPY OF THE REGULATIONS FOR UNDERGRADUATE PROGRAMMES UNDER CHOICE BASED COURSE CREDIT SEMESTER SYSTEM AND GRADING 2009. EXT.R2(d) TRUE COPY OF THE RELEVANT PAGE OF THE PROSPECTUS ISSUED BY ST.THOMAS COLLEGE, PALAI. EXT.R5(a)(1) TRUE COPY OF THE NEWS REPORT DT. 10.3.2009. EXT.R5(a)(2) TRUE COPY OF THE NEWS REPORT DT. 16.6.2009. EXT.R5(a)(3) TRUE COPY OF THE NEWS REPORT DT. 19.5.2009. EXT.R5(a)(4) TRUE COPY OF THE NEWS REPORT DT. 8.1.2008. EXT.R5(a)(5) TRUE COPY OF THE NEWS REPORT DT. 3.7.2009. EXT.R5(b) TRUE COPY OF THE COMMUNICATION ISSUED BY THE UGC DATED MARCH 2009 EXT.R5(c) TRUE COPY OF THE REPORT DT. 31.1.08. EXT.R5(d) TRUE COPY OF THE MINUTES OF THE MEETING DATED 27.6.2009. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) Nos. 16477, 17664 & 18080 of 2009 ------------------------------- Dated this the August, 2009 J U D G M E N T Raman, J. Common questions of fact and law arise in these writ petitions. Hence, they were heard together. For the disposal of these cases, we take W.P.(C) No.17664 of 2009 as the leading case and facts therein are referred to, except in cases where there is any difference on facts. 2. Petitioner in W.P.(C) No.17664 of 2009 is a registered organization of Principles of the affiliated colleges in the State. According to the petitioner, he is aggrieved by the hasty decision of the respondents in introducing new curriculum, viz., 'Choice based Credit and Semester System' in undergraduate courses in the colleges affiliated to Mahatma Gandhi University, University of Kerala, University of Calicut and Kannur University. The Principals under the third respondent W.P.(C) Nos.16477, 17664 and 18080 of 2009 2 were convened for a discussion on 4.6.2009, as evidenced by Ext.P1. Though fourth respondent initially opposed it, but subsequently yielded it to the pressure of the Kerala State Higher Education Council, who were also gearing up to implement the same in the current academic year. It is also submitted that the stake holders are not consulted before the implementation of the Choice based Credit and Semester System; the academicians, teachers as well as the students are apprehensive; and the dearth of permanent faculty in the colleges is a major impediment in the implementation of the same. It is stated that at present the publication of the results of undergraduate courses in the Universities are unduly delayed on account of the increasing number of examinations. It is further averred that 5th respondent, Kannur University, itself is conducting 17,000 examinations a year, and the authorities are in darkness about how to bring the examination system back on track. The number of examinations is likely to double under the Choice based Credit and Semester System. It is stated that several teaching and non teaching posts in affiliated private aided W.P.(C) Nos.16477, 17664 and 18080 of 2009 3 colleges are lying vacant, and about 40% of the permanent teaching posts are remaining unfilled. The University Laws are not amended either incorporating the provisions or Regulations pertaining to the Choice based Credit and Semester System. Ext.P3 is the admission notification issued by the third respondent. It is the further case of the petitioner that stake holder like them, college managements, faculty members, student representatives and prominent academicians should have been taken into confidence before introducing the new reform. It is also stated that there was no proper discussion or interaction so far pertaining to the introduction of new system. Ext.P5, dated 31.5.2009, is the representation made by the Kerala Private College Managements Association to the third respondent. The text books are yet to be finalised for the new proposed system. The petitioner points out that consequent to the conversion of the three year degree court to semester system, various changes will have to be made and there will be a total change in the entire under graduate academic scenario in the State. Therefore, before leaping into such a drastic change, W.P.(C) Nos.16477, 17664 and 18080 of 2009 4 there must be proper preparation and ground work as otherwise it will prove to be fatal. By introducing Choice based Credit and Semester System, the Universities will have to segregate the students under them into regular and private students. The new system is applicable only to the regular stream. For the private and distant education students, this novel system is not applicable. Thus, there will be discrimination between regular and private students and this will create disharmony in the higher education level. It is further averred that the affiliated colleges have already printed the prospectus and distributed it. They have also received applications and the admission procedure is in the mid way, and at this juncture, the sudden introduction of an entirely different system and mode of education will have devastating effect not only on the students, but also on the teachers and Principals. 3. Hence, it is urged that the undue haste and over enthusiasm on the part of the respondents in implementing Choice based Credit and Semester System would create W.P.(C) Nos.16477, 17664 and 18080 of 2009 5 disastrous consequences in the higher education sector of the State. Lack of ground work, want of prior information and deficiency of essential requirements such as faculty, staff, text books, syllabus, trained teachers and lack of awareness etc. will detrimentally affect the successful introduction of the new system. The respondents Universities are acting in this regard under the dictation of the Kerala State Higher Education Council and Government, though Universities are duty bound to act independently. It is further stated that one of the factors which attracted the Syndicates to implement the new scheme is the huge amount of money that may be obtained from the UGC towards Grant for the implementation of the same. Therefore, the decision to implement the above scheme is hastily taken on extraneous considerations. It is further averred that the action of the respondents is highly arbitrary and improper. On the aforesaid grounds, petitioner seek for a writ of mandamus or any other writ or order directing respondents 3 to 6 to defer the implementation of the proposed Choice based Credit and Semester System for under graduate courses, until the University W.P.(C) Nos.16477, 17664 and 18080 of 2009 6 Laws are amended accordingly, and for a direction not to implement the Choice based Credit and Semester System, until the vacancies of regular teachers in the colleges are filled and without hearing the stake holders. 4. The petitioner in W.P.(C) No.18080 of 2009 is a reader in Commerce in one of the affiliated colleges under the Mahatma Gandhi University, Kottayam. He is also the General Secretary of one of the service organizations of the college teachers in the State. By and large, the contentions raised are same as those raised in the other writ petitions. It is also contended that the decision by the Academic Council and the subsequent adoption of the same by the Syndicate is in violtion of rules and procedure prescribed in the Statute. 5. In W.P.(C) N o.16477 of 2009, petitioners are four in number. The first petitioner is an unregistered non Governmental Body constituted by academicians and free thinkers concerned with the problems and solutions in the Higher Education Scenario in the State of Kerala. The grave concern W.P.(C) Nos.16477, 17664 and 18080 of 2009 7 felt and expressed in this writ petition by the first petitioner along with three student applicants seeking admission to the under graduate courses in Kerala is against the implementation of the Semester system. It is alleged that there is undue haste in the matter of implementation of the new system; that the teachers are not not taken into confidence by the authorities and anxiety expressed by the academics are ignored. The main relief sought for is that the system shall not be implemented during the current academic year. 6. The first respondent, State of Kerala, in their counter affidavit filed in W.P.(C) No.16477 of 2009, even disputes the locus standi of the petitioners to file the writ petitions as Public Interest Litigation, to challenge the implementation of Choice based Credit and Semester System. It is stated that Ext.P1 report on restructuring the undergraduate education in the State was prepared by the Kerala State Higher Education Council, which is an expert academic body constituted under the Kerala State Higher Education Council Act, 2007. W.P.(C) Nos.16477, 17664 and 18080 of 2009 8 Among other things, the Council is statutorily responsible to render advice to the Government, Universities and other institutions of Higher Education in the State. The Council is also responsible to evolve new concepts and programmes in Higher Education, and also to co-ordinate the role of the Government, Universities and Apex Regulatory Agencies in Higher Education within the State. The introduction of Choice based Credit and Semester System is essentially a matter of policy decision relating to academic subjects. The formulation and implementation of policies in academic matters fall exclusively within the domain of the Government, Universities and the expert statutory bodies like the Council. The new system has been introduced with the intention to improve the academic standards, and it is prayed that no interference be made by this Court in the matter of introduction of new system. 7. On merits, it is contended that the introduction of new system is a part of the academic reforms contemplated to be introduced during the 11th plan by the UGC. The UGC's new W.P.(C) Nos.16477, 17664 and 18080 of 2009 9 initiatives under 11th Five Year Plan emphasized the pressing need for academic reforms, including introduction of semester system, credit based courses, continuous internal assessment etc. The Chairman of the UGC directed the Vice Chancellors of all the Universities in the Country to introduce the the above reforms. Ext.R1(a) is the copy of the letter dated 31.1.2008 sent by the Chairman to all the Vice Chancellors. Academic reforms in the under graduate sector were suggested by the UGC for improving the quality of higher education. The Central Government declared introduction of academic reforms in educational institutions, including Semester System, Credit Transfer and Revision of Curriculum. The new system was introduced in the State after wide ranging discussions, debates and deliberations at various levels. The process for implementing the new system stated in 2007 itself. The restructuring of the under graduate system was an agenda of the 4 year action plan. In the capacity as the President of AIDSO, the first petitioner himself attended the discussions at the office of the Council on 26.4.2007 and 12.11.2007. Ext.P1 report W.P.(C) Nos.16477, 17664 and 18080 of 2009 10 published in January 2008 is the out come of series of deliberations and discussions on the restructuring of under graduate education in the State. The Council has also organised more than 150 Seminars and Workshops in this connection. Nearly 120 Board of Studies in different Universities in the State have organised five days workshop to prepare new syllabi. For the effective implementation of the system, the Council has also decided to conduct State Level, University Level, College Level and Department Level training programmes. The Universities and Board of Studies were involved in the participatory discussion process for framing the model syllabi for common courses. Model Syllabi, which is a guideline for the Board of Studies, was framed after holding workshops on various dates, in which the Chair persons of the Board of Studies in different universities and other academics attended. The system was originally contemplated to be introduced from the academic year 2008-09. After review of the preparations made till April, 2008, it was decided to introduce from 2009-2010 Academic year. The statutory formalities for introduction of new system have been completed. W.P.(C) Nos.16477, 17664 and 18080 of 2009 11 Universities have already amended their Regulations to change over to the new system The entire Universities and colleges in the State are fully ready to take up the new system. 8. It is further contended that the Semester System was introduced for professional courses in 1978. In 2005, Credit system was also introduced. Semester system is not a new system in the graduate sector. In M.G.University, there are 63 aided and 61 unaided Arts and Science colleges. In the aided colleges, 106 courses are being conducted under Semester system. P.G. Courses in the M.G. University are conducted under Semester System. Before introducing the system in the MG University, the Board of Studies conducted 5 days workshop for 27 subjects. They also prepared and adopted scheme and syllabus. It is submitted that consequent to the de-linking of Pre-degree from the colleges, though a ban was imposed for appointment of teaching and non-teaching staff in the colleges, subsequently, by G.O.(MS) No.63/08/H.Edn. Dated 23.6.2008, the ban imposed in respect of appointment was W.P.(C) Nos.16477, 17664 and 18080 of 2009 12 withdrawn. Government has also accorded sanction to fill 122 vacancies, apart from 642 posts earlier mentioned. During the period from 2007 to 2009, 464 appointments have been made in Government colleges through PSC. The Government is also serious in filling vacancies on the basis of the workload, taking into account the courses that were sanctioned subject to conditions during the year, 1998-2001. In respect of non teaching staff in private aided colleges, they have already issued G.O.(MS) No.50/08/H.Edn. Dated 9.5.2008, copy of which is produced as Ext.R1(c). As regards the prospectus for the year 2009-2010 issued by the colleges, the introduction of the new system was mentioned. Relevant pages of the prospectus for the year 2009-2010 issued by St.Thomas College, Pala, produced as Ext.R1(d) is in evidence thereof. First year Degree classes in M.G. and Calicut Universities for the academic year 2009-2010 commenced on 29.6.2009 under the new system. In Kannur University, classes under the new system commenced on 8.7.09. Books prescribed by the Board of Studies have already been printed and distributed. It is urged that any order interfering W.P.(C) Nos.16477, 17664 and 18080 of 2009 13 with the new system at this stage would cause irreparable injury and damage to the Universities and students. Hence, it is prayed that the writ petitions be dismissed. 9. In the counter affidavit filed by the Mahatma Gandhi University, they have denied the allegations raised in the writ petitions. According to them, the decision by the Universities to implement the new system was not done in a hasty manner. But as a matter of fact, seminars and workshops were conducted and all the Universities and Board of Studies were involved in the discussion leading to the finalisation of the guidelines prepared by the Kerala State Higher Education Council. The Academic Council of the MG University approved the “Regulations for Undergraduate pro grammes under Choice based Credit and Semester System and Grading 2009”. They have produced Ext.R2(c) which is the true copy of the regulation so amended. The University had also issued notifications on the schedule of admission for first year degree course under the new system and has also intimated the change over to credit W.P.(C) Nos.16477, 17664 and 18080 of 2009 14 semester system. It is further stated that innovation and change are essential to a dynamic system of education. It is further contended that a meeting of the Principals of the affiliated colleges under the M.G.University was held on 4.6.2009 to discuss the ways and means of implementing Choice based Credit and Semester System and Grading in the colleges. Meeting of College and Co-ordinators were also held on 22.6.2009 in the University. A permanent Monitoring Committee was constituted by the Vice Chancellor to monitor the progress of implementation of the new system. It is also stated that M.G. and Calicut Universities have already begun their classes for first year degree courses. 10. Calicut University has also filed a counter affidavit, inter alia taking the same stand as that of other respondents. They also support the contention that the decision was taken only after due deliberations and discussions at various levels and such deliberations were held for the last one year, and, therefore, it is not a hasty decision as alleged. It is W.P.(C) Nos.16477, 17664 and 18080 of 2009 15 submitted that Academic Council in their meeting on 14.5.2009 approved the new regulations in supersession of the existing system, and Ext.R4(b) is produced in evidence thereof. Ext.R4(c) is the order implementing the regulation. The Academic Calender was prepared by the Deans of the University and Steering Committee members, which is produced as Ext.R4(d). Thus, all changes necessary for implementing the new system, both on the legislative level as also on academic level has been taken and decision was also taken by the respective authorities and Universities before implementing the system. It is also contended that the system is one introduced in other Universities in the Country long back and in fact it is the Universities in the State are lagging in the matter. 11. In the reply affidavits filed, it is contended that Choice based Credit and Semester System suffers from serious short comings. They also denied various averments in the respective counter affidavits filed by the Universities. W.P.(C) Nos.16477, 17664 and 18080 of 2009 16 12. On going through the averments in these writ petitions, it can be safely concluded that the petitioners are not against the introduction of Choice based Credit and Semester System. But they are more aggrieved by the manner in which it is implemented. According to them, the new system is introduced in a hasty manner without proper preparation both in the academic as also in the legislative levels. Since totally a new system is introduced from the existing system, the Universities should be geared up to meet the requirements in the matter of appointment of required teachers and non-teaching staff, preparation of syllabi, discussions at various levels of the Principals, college management etc. 13. We have heard the arguments of the learned counsel, Sri. Baby Issac Illikal, appearing for the petitioner in W.P.(C) No.17664 of 2009; learned counsel, Sri.K.M.Kurian, appearing for the petitioner in W.P.(C) No.18080/2009, the learned Counsel, Sri.Manjeri.S.Sunder Raj, appearing for the petitioners in W.P.(C) No.16477 of 2009, the learned Advocate W.P.(C) Nos.16477, 17664 and 18080 of 2009 17 General appearing on behalf of the first respondent, State, as also the learned Standing Counsel appearing for the respective Universities. 14. At the outset, it may be seen that the grounds urged in the writ petitions are too vague for any specific answer. However, with the limitations, we will consider the contentions advanced. 15. Kerala State Higher Education Council Act of 2007, for short 'the Act', is an Act provided for the setting up of Kerala State Higher Education Council. As per the preamble of the said Act, it is established as a collective of the Government, Universities, academics, experts and people's representatives , with a view to forge a synergic relationship among them by occupying an operational space in between the Government and Universities and between Universities and Apex Level regulatory bodies, with the objects of ensuring the autonomy and accountability of all institutions of hither education in the State, promoting academic excellence and social justice by providing W.P.(C) Nos.16477, 17664 and 18080 of 2009 18 academic input to the State Government for policy formulation and perspective planning and guiding the growth of higher education in accordance with the socio-economic requirements of the State. As per Section 4 of the Act, the Council has got the general responsibilities and to suggest improvements in curriculam and syllabi in accordance with the changing societal and academic requirements and to facilitate the development and publication of appropriate teaching material, including text books, educational softwares and e-learning facilities, in order to improve the quality of education. Further, the Council can also render advice to the Government, Universities and other institutions of higher education in the State. As per Section 12 of the Act, the Advisory Council shall consist of various members representing different fields and the Governing Council is empowered to take all policy decisions on behalf of the council. It has been averred in their counter affidavit that introduction of the new system was made as part of the academic reforms, contemplated to be introduced during the 11th plan by the UGC. Ext.R1(a) is a letter from the UGC addressed to all Vice W.P.(C) Nos.16477, 17664 and 18080 of 2009 19 Chancellors'. It states that UGC has set up a committee to work out an Action Plan to give effect to the academic reforms in