Kerala High Court Upholds University Standards for Course Affiliation
Court dismisses petition challenging minimum pass percentage criteria for new courses at Dr. Somervell Memorial CSI Medical College
News Report:
In a significant ruling, the Kerala High Court has dismissed a petition filed by Dr. Somervell Memorial CSI Medical College challenging the Kerala University of Health Sciences' decision to deny affiliation for new paramedical courses due to not meeting the minimum pass percentage criteria. The judgment, delivered by Justice N. Nagaresh, emphasizes the importance of maintaining high educational standards.
The petitioner, Dr. Somervell Memorial CSI Medical College, sought to quash notifications and directives from the University that rejected their applications for starting Bachelor of Occupational Therapy (BOT), Bachelor of Audiology and Speech Language Pathology (BASLP), Bachelor of Dialysis Technology (BDT), and B.Sc Medical Microbiology due to a pass percentage of 44.15%, which falls below the required 50%.
The college argued that the term "same stream" should be interpreted to mean the same course rather than encompassing all courses under the same category. Furthermore, they contended that the notification detailing the procedural requirements was not officially gazetted, thereby lacking legal enforceability.
Countering these arguments, the University maintained that the minimum pass percentage requirement was a crucial aspect of ensuring quality education and that the term "same stream" indeed covers all courses under the paramedical category. The court upheld this interpretation, stating that a purposive approach was essential to uphold the statute's objective.
Justice Nagaresh's judgment highlights the court's reluctance to interfere with the University's decision, citing that the prescribed standards aim to enhance the overall educational quality. The judgment notes that the procedural amendments made by the University to clarify affiliation requirements, including the necessity for a minimum pass percentage across all courses in the same stream, were appropriately ratified by the Academic and Governing Councils.
The court also referenced previous judgments, including the Apex Court's decision in State of Bihar v. Bihar Distillery Limited, affirming the presumption of constitutionality in statutory enactments and emphasizing the role of courts in sustaining the validity of educational regulations.
Despite the petitioner's reliance on earlier judgments to argue against the procedural ambiguity, the court found that these were not applicable given the distinct circumstances of the present case, where multiple courses were offered under the paramedical stream.
Ultimately, the Kerala High Court's decision reinforces the autonomy of educational institutions in setting standards that promote academic excellence and quality assurance. The judgment serves as a precedent in affirming the University's authority in regulating course affiliations based on performance metrics.
Bottom Line:
University regulations for course affiliation - Minimum pass percentage requirement of 50% for starting additional courses - Interpretation of "same stream" and procedural requirements for affiliation.
Statutory provision(s): Article 226 of the Constitution of India, Clause 2(5)(ii)(v) of University Affiliation Statute, Sections 41(3)(iv), 41(3)(v), 41(3)(vi), 46 of the Kerala University of Health Sciences Act.
