Wisdom Of University To Prescribe Minimum Educational Standards Cannot Be Challenged In Writ Petition: Kerala High Court
The High Court dismissed the plea, holding that the University’s prescription of a minimum pass percentage was a valid academic policy measure aimed at maintaining high academic standards.
Justice N. Nagaresh, Kerala High Court
The Kerala High Court recently held that the decision of the Kerala University of Health Sciences (KUHS) to prescribe a minimum pass percentage for affiliation of additional courses or enhancement of seats intended to maintain a high degree of educational standards, and such wisdom cannot be called into question in a writ petition under Article 226 of the Constitution of India.
The Court was hearing a writ petition filed by the Principal of Dr Somervell Memorial CSI Medical College, seeking quashing of the orders issued by KUHS rejecting affiliation to start new paramedical courses, and enhancement of seats.
A Bench comprising Justice N. Nagaresh, while deciding the matter, observed: “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.”
Senior Advocate S. Sreekumar represented the petitioner, while Senior Advocate P. Sreekumar appeared on behalf of the respondents.
Background
The petitioner-institution was already conducting several paramedical courses. In 2024, KUHS invited applications for starting new courses and increasing the number of seats. The petitioner applied for BOT (20 seats), BASLP (20 seats), BDT (10 seats), B.Sc MMB (30 seats) and enhancement of MHA seats from 5 to 20, for which the Government issued No Objection Certificates.
However, KUHS rejected the application, citing that the pass percentage of all regular examinations of existing batches of the institution was 44.15%, which fell below the minimum requirement of 50% prescribed by the Governing Council.
The petitioner contended 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.
Court’s Observations
The Kerala High Court examined 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 Bench noted 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.
Clarifying that the provision intended to ensure that only institutions maintaining an overall quality of education could be permitted to expand their academic programmes, the Bench remarked: “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.”
Conclusion
Emphasising that directions to prescribe minimum educational standards by KUHS had been passed with the intent to maintain academic standards, the Bench concluded that such wisdom could not be challenged under Article 226. The Kerala High Court, therefore, rejected the challenge to the policy as devoid of merit.
The writ petition was accordingly dismissed.
Cause Title: Principal Dr Somervell Memorial CSI Medical College Versus The State of Kerala & Others (Neutral Citation: 2025:KER:66346)
Appearances
Petitioner: Senior Advocate S. Sreekumar with Advocates Arun B. Verghese, Rakhi Raj, Alan Lalu John
Respondents: Senior Advocate P. Sreekumar with Advocate Binny Thomas (SC), Advocate Anima M. (GP)
