Kerala High Court Stays GO For Constitution Of 'Students Grievance Redressal Cells' In Colleges For 1 Month

The Kerala High Court on Wednesday stayed the Government Order (G.O.) directing the Principals of all colleges to constitute a 'Students' Grievance Redressal Cell' in their institutions, for a period of one month. The said G.O. also mandated the formation of a University Appellate Forum/Tribunal in Universities to act as the appellate authority to the orders of the Student Grievance Redressal Cell.The Single Judge Bench of Justice Gopinath P. passed the Order on a plea filed by the Council of Principals of Colleges in Kerala challenging the said G.O. The plea moved through Advocates Isaac Kuruvilla Illikal and Baby Issac Illikkal averred that the impugned G.O. was against the UGC (Redressal of Grievances of Students) Regulations, 2023, since all the forums that had been stipulated for redressal of grievances of student had been substituted by the Government through the impugned Order. The counsel relied upon various Apex Court precedents to buttress their argument that in case of any repugnancy with State Legislation, the UGC Regulations would prevail. It has been averred that the constitution of a Grievance Redressal Cell in the college and an Appellate Forum/Tribunal in the University lacks validity and is contrary to the UGC Regulations, 2023. The counsel submitted that the administrative functions in a private college, whether aided or unaided, forms part of Administration's fundamental right to administer their institution and no regulations can thus be issued in this regard without a valid law being enacted by the Legislature. The plea further states that the 'Students' Grievance Redressal Cell' envisaged by the G.O. consists of 5 students, a representative of the University, and a PTA (Parent Teacher Association) member, while the 6 member Students' Grievance Redressal Cell envisaged by the UGC consists of a Professor serving as the Chairperson, 4 Professors/Senior Faculty Members of the Institution as its members and a nominated representative from among students based on their academic merit/excellence in sports/performance in co-curricular activities as Special Invitee. "The majority of members in the 'Students' Grievance Redressal Cell' envisaged by the 1st respondent (State govt) in Ext. P1 (G.O.) are unequipped with the necessary knowledge and has no experience to appreciate the functions exercised by the authorities of the college on matters like admission, disciplinary proceedings, examination, etc. and thus, they could never appreciate or comprehend the steps taken by the Principal or the head of the institution in such matters," the plea further states. The petitioners have averred that if such persons who are unfamiliar and inexperienced with the administrative functioning of the college are granted appellate powers over the decisions of the Principal taken in consultation with the College council, the standard and functioning of such educational institutions would be adversely affected and have a devastating effect on it, and also render the future of the State's higher education sector in peril.The plea further alleges that the intention behind the impugned G.O. is 'purely political in nature', and is an attempt to facilitate political interference in Universities and Colleges. "The above intention is evident from the nature of members constituting the forum and the unregulated appellate powers granted to such forums. Ext. P1 is clearly a ploy to undermine the powers of the Principals of private colleges and to strip them of their administrative powers, especially in matters relating to discipline", it adds. The plea thus sought for the impugned G.O. to be declared as arbitrary, unconstitutional, ultra vires, and for it to be quashed and set aside. The Special Government Pleader took notice for the State Government and the Principal Secretary of Higher Education Department. The Standing Counsel for UGC S. Krishnamoorthy took notice for the UGC. The matter has been posted for further consideration after a month. Case Title: The Council of Principals of Colleges in Kerala & Anr. v. State of Kerala & Ors. Click Here To Read/Download The Order

Kerala High Court Stays GO For Constitution Of 'Students Grievance Redressal Cells' In Colleges For 1 Month

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