Furthermore, the HC bench, comprising Justice N. Nagaresh, clarified that the wisdom of KUHS in such matters cannot be questioned in a writ petition under Article 226 of the Constitution of India.
"...the University, with intent to maintain high degree of educational standards, intended to insist for minimum percentage of pass in all courses conducted by the Colleges/Institutions for grant of enhancement of seats in an existing course. The wisdom of the University to prescribe minimum standards in education cannot be called in question in a writ petition under Article 226 of the Constitution of India," observed the HC bench.
The Court made these observations while hearing a writ petition filed by the Principal of Dr. Somervell Memorial CSI Memorial Medical College, who sought the quashing of the orders issued by KUHS rejecting affiliation to start new paramedical courses, and enhancement of seats.
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According to the case details, the petitioner-institute was already offering several paramedical courses. When KUHS in 2024 invited applications for starting new courses and increasing the number of seats, the institute applied for BOT (20 seats), BASLP (20 seats), BDT (10 seats), B.Sc MMB (30 seats), and the enhancement of MHA seats from 5 to 20. The Government also issued No Objection Certificates for these.
However, KUHS rejected the application because the pass percentage of all regular examinations of existing batches of the institute was 44.15%, and it fell below the minimum requirement of 50% prescribed by the Governing Council.
Challenging the KUHS's decision, the petitioner-institute argued that the term "same stream" in the statute should be interpreted to mean the same course and not other unrelated courses, and further argued that the amendment relied upon by KUHS had not been validly notified in the official gazette.
After examining the provisions of the KUHS First Statutes, particularly Clause 2(5)(ii)(v) and subsequent amendments made by the Vice Chancellor and ratified by the Governing Council, the HC bench observed that the condition requiring an average pass percentage of not less than 50% across all existing courses in the same stream was specifically incorporated to maintain academic standards.
The bench clarified that the provision intended to ensure that only institutes maintaining an overall quality of education could get permission to expand their academic programmes.
Accordingly, the bench remarked, "From Clause 2(5)(ii)(v) and Ext.R2(a) and Ext.P8, it has to be held that the University, with intent to maintain high degree of educational standards, intended to insist for minimum percentage of pass in all courses conducted by the Colleges/Institutions for grant of enhancement of seats in an existing course."
Clarifying that the wisdom of KUHS to prescribe minimum standards in education cannot be questioned in a writ petition under Article 226 of the Constitution of India, the Kerala dismissed the petition.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/kerala-hc-kuhs-301891.pdf
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