IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 21557 of 2011(T) -------------------------- PETITIONER(S): --------------- THE MANAGER, AMAL JYOTHI COLLEGE OF ENGINEERING, KOOVAPPALLY, KANJIRAPPALLY. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM SRI.JIJI THOMAS SRI.MATHEW K. SIMON RESPONDENT(S): --------------- 1. M.G.UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM - 686660. 2. THE VICE CHANCELLOR, M.G.UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM - 686660. 3. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPT., GOVT.SECRETARIAT, THIRUVANANTHAPURAM 686001. BY SRI.T.A.SHAJI – SC FOR R1 & R2 GOVT. PLEADER SRI.M.H.HANILKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, ALONG WITH WPC NO. 21558 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21557 of 2011(T) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE PRINT OUT OF THE RELEVANT PAGE OF AICTE WEBSITE EXT.P2: COPY OF THE APPLICATION FORM FOR ADDITIONAL SEATS IN EXISTING COURSES. EXT.P3: COPY OF THE ORDER DTD.1.3.2011 EXT.P4: COPY OF THE LETTER DTD.3.8.2011 EXT.P5: COPY OF THE JUDGMENT DTD.5586/2007 DTD.3.4.2007 EXT.P6: COPY OF THE ORDER DTD.26.10.2009 IN W.P(C) NO.30132/2009 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ANTONY DOMINIC, J ------------------------------------------------ W.P(C) Nos.21557/2011 & 21558/2011 ----------------------------------------------------- Dated this the 12th day of August, 2011. J U D G M E N T These writ petitions are filed by the Manager of Amal Jyothi Engineering College, affiliated to the 1st respondent University. 2. In W.P(C) No.21557/2011 the complaint is that though they have submitted Ext.P2 application, for increasing the existing intake from 90 to 120 in B.Tech in Mechanical Engineering course, the University has not considered the application of the petitioner. The University inspected the college, considered the application and recommended the same and with its recommendations and sought the views of the Government in the matter, vide letter dtd.11.7.2011. This has been conveyed to the petitioner by Ext.P4 letter. There has not been any progress since then. 3. In so far as the W.P(C) No.21558/2010 is concerned, Ext.P2 application is the affiliation of the W.P(C) Nos.21557/2011 & 21558/2011 2 petitioner for starting a course of M.Tech in Computer Science and Engineering. After inspection the application was considered and the University sought views of the Government by its letter dtd.19.7.2011 and it is conveyed to the petitioner by Ext.P4. 4. In both these cases since the Government have not conveyed their views in the matter, the University has not considered the application or taken any decision on the request for affiliation. It is with this complaint the writ petitions are filed. 5. I heard the Senior Counsel appearing for the petitioner and also standing counsel appearing for the University. 6. Since the University has already sought the views of the Government by the letter referred to above, at this stage it will be premature to find fault with the University. But still fact remains that despite the University having sought views of the Government, they have not responded so far by conveying their views in the matter and that is the W.P(C) Nos.21557/2011 & 21558/2011 3 reason why the University is not considering the application. It has already been held by this Court that once the views of the Government are sought and it is not forthcoming, the University is free to consider the application for affiliation and take a decision thereof. Therefore, if views of the Government are not forthcoming within a reasonable time, the University should consider Ext.P2 application referred to above and pass orders thereon. 7. This the University shall do as expeditiously as possible, at any rate within three weeks from the date of production of a copy of this judgment. The Writ Petition is disposed of. ANTONY DOMINIC JUDGE ab