IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16..08..2011 CORAM THE HON’BLE Mr.M.Y.EQBAL, CHIEF JUSTICE and THE HON’BLE Mr. JUSTICE T.S.SIVAGNANAM Writ Petition No.16149 of 2011 Jinos Basheer ..Petitioner versus 1. Government of Puducherry, rep. by its Secretary, Education Department, Puducherry. 2. Directorate of Higher and Technical Education, Government of Puducherry, Lawspet, Puducherry – 605 008. 3. The Principal, Mahatma Gandhi Government Arts College, Mahe. ..Respondents. - - - - - PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to extend the Notification of the 2nd respondent vide their Circular Bearing No.DHTE/ESTT/C4/2008/44 dated 13.11.2008 to 3rd respondent-College and pass such further or other orders. - - - - - For Petitioner :: Mrs.P.T.Asha For M/s.Sarvabhuman Associates For Respondents :: Mr.D.Sreenivasan, Govt. Pleader (Puducherry) O R D E R The Hon’ble The Chief Justice This pro bono publico has been filed for the issuance of a writ of mandamus directing the 1st and 2nd respondents to extend the notification of the 2nd respondent issued vide their Circular bearing No.DHTE/ESTT/C4/2008/44 dated 13.11.2008 to 3rd respondent- College. https://hcservices.ecourts.gov.in/hcservices/ 2. The third respondent-College is governed by the rules and regulations of the Government of Puducherry. The college is offering 11 Under Graduate Courses and 2 Post Graduate Courses. The admission to each course in the 3rd respondent-College is made under the strict guidelines of the 2nd respondent. On 13.11.2008, the 2nd respondent had issued a notification vide its Circular No.DHTE/ESTT/C4/2008/44 dated 13.11.2008 informing the College Heads coming under its jurisdiction to review the courses offered by them to improve their working standards. It is further stated that the 2nd respondent had also issued certain directions to the Colleges in respect of filling up of vacant seats meant for the candidates belonging to other States, by collecting double the rate of fees from such students. It is stated that the intentention of the 2nd respondent in issuing the Circular dated 13.11.2008 is to fill up all the seats in all the colleges either through candidates from Puducherry or from other States. The contention of the petitioner is that the 3rd respondent is not giving effect to the Circular dated 13.11.2008 of the 2nd respondent and that the 3rd respondent-College is admitting candidates only from Puducherry, as a result of which many seats remain vacant. In the Academic Year 2008-2009, only 136 seats got filled up from out of the sanctioned strength of 285, depriving admission to many deserving students. It is finally stated that the existing infrastructure and other beneficial schemes in the 3rd respondent-College are intended for the benefits of the student community at large and they should not be curtailed to the students of Puducherry alone, especially when other similarly placed colleges are inducting students from other States. 3. A counter affidavit has been filed by the Joint Secretary to Government (Education), Chief Secretariat, Government of Puducherry stating that in the Mahe Region of Puducherry, only one Government Arts College viz., the 3rd respondent-College exists. It is further stated that admission to the said college is purely based on merits, and students of other States are also admitted in the said college. Further, it is stated that 10% of seats in the said college is reserved for students belonging to the State of Kerala. Since, the existing courses in the colleges situated in the Union Territory of Puducherry were introduced since forty years back and most of the Under Graduate Courses are less in demand and unpopular, the 2nd respondent had issued instructions vide its Circular dated 13.11.2008 to the Principals of all Arts and Science Colleges in the Union Territory of Puducherry to review the various existing courses at both Under Graduate and Post Graduate levels from the Academic Year 2008-2009. It is further stated that restructuring the existing courses in various colleges of Puducherry is a lengthy process, and the Government had already taken steps to discuss the matter with the Pondicherry University to introduce new courses as per the latest requirements of students and demands in various fields. It is also stated that due to the less demanded and unpopular courses, the student ratio to such https://hcservices.ecourts.gov.in/hcservices/ courses is decreasing every year in many colleges in the Union Territory of Puducherry. The vacant seats in various disciplines arise every year, not only in Mahe College, but also in Puducherry, Karaikal and Yanam Colleges of the Union Territory of Puducherry, for various reasons. It is stated that unfilled seats in a college for any particular year is a temporary phenomenon and not a permanent one. Once the Government completes restructuring the courses by introducing new courses as per the requirement/demands of the students community, in consultation with the Pondicherry University, the student ratio of all colleges will automatically improve. Hence, it is not a mandatory rule to accommodate students of other States in the unfilled seats permanently in the 3rd respondent-College, in addition to the 10% reservation already given to the students belonging to the State of Kerala. It is further stated that even though 3rd respondent-College is giving 10% allotment to the students belonging to the State of Kerala, yet the State of Kerala is not reciprocating by making such allotment to the students of Mahe region. Therefore, in order to avoid such a situation, the Government of Puducherry has taken efforts to discuss with the Government of Kerala for making reciprocal arrangements for accommodating students of the two States. Hence, the Government of Puducherry has decided that until a decision is taken in the matter of seat sharing, no more additional seats need be allocated to the students of other States and the third respondent was also instructed not to give effect to the Circular dated 13.11.2008, which was communicated to him vide I.D.Note/Memorandum dated 30.12.2008 and hence, the Circular dated 13.11.2008 cited by the petitioner became infructuous. Finally, it is stated that the above said stand is taken to safeguard the interest of the Mahe students and to avoid subsequent future consequences. 4. We have heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the Union Territory of Puducherry and perused the affidavits. 5. Indisputably, in view of the unpopular courses offered by the colleges in Puducherry, the ratio of the studnets enrolling in such courses is decreasing every year in many colleges in the Union Territory of Puducherry. It is staed by the Government of Puducherry that they are restructuring the courses by introducing new courses as per the requirements of the students, in consultation with the Pondicherry University. Certainly, once the new courses are introduced and the quality of education is improved, the student ratio of the colleges in Puducherry will automatically improve. Therefore, if the students of other States are given admission, in addition to the 10% reservation being given to the students belonging to the State of Kerala, it would create serious problems in future. Moreover, it is also seen that the colleges situated in the State of Kerala are not giving so much reservation for the students hailing from the Union Territory of https://hcservices.ecourts.gov.in/hcservices/ Puducherry. However, it appears that the Government of Puducherry is holding discussions with the Government of Kerala to make reciprocal arrangement for sharing seats in the colleges of Kerala by accommodating the students of Puducherry, on a reciprocal basis. 6. In the aforesaid facts and circumstances, no direction can be issued in terms of the prayer made by the petitioner in the writ petiion. However, we direct the Government of Puducherry to take all necessary steps for improving the courses of study in the colleges across the Union Territory of Puducherry, in consultation with the Pondicherry University, and take a decision in this behalf as expeditiously as possible. Simultaneously, the Government of Puducherry may go ahead with the discussions with the Government of Kerala and try to arrive at an amicable settlement for accommodating the students belonging to the Union Territory of Puducherry in the colleges situated in the State of Kerala on a reciprocal basis. 7. With the aforesaid directions and observations, this writ petition stands disposed of. There shall be no order as to costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. sm/ab To 1. The Secretary Government of Puducherry, Education Department, Puducherry. 2. Directorate of Higher and Technical Education, Government of Puducherry, Lawspet, Puducherry – 605 008. 3. The Principal, Mahatma Gandhi Government Arts College, Mahe. 1 cc to M/s. Sarvabhuman Associates, Sr. 50334 1 cc to Sr. G.P. cum Sr. P.P. Pondicherrym, Sr. 50417 Writ Petition No.16149 of 2011 KU (CO) kk 19/9 https://hcservices.ecourts.gov.in/hcservices/