IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 W.A.No.2197 of 2008-E ----------------------------------------- AGAINST THE JUDGEMENT IN WP(C).37510/2007-M, DATED 06/08/2008 .................... APPELLANT: 2ND RESPONDENT:- -------------------------------------------------- MAHATHMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM. BY STANDING COUNSEL SRI. T.A. SHAJI. RESPONDENTS: PETITIONER AND IST RESPONDENT:- -------------------------------------------------------------------------------- 1. AL AMEEN EDUCATIONAL TRUST, EDAPPALLY, ALUVA, REPRESENTED BY ITS SECRETARY, SRI.M.M. ABDUL RAHMAN, MUNDAMPALLY HOUSE, CHEMBAKASSERY ROAD, ALUVA. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU. R2 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008, ALONG WITH CONT.CASE (C)NO.1542 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. --------------------------------------------- W.A.No.2197 of 2008-E & Cont.Case (C).No.1542 of 2008-S --------------------------------------------- Dated, this the 17th November, 2008 JUDGMENT Basheer,J. Mahatma Gandhi University, represented by its Registrar, has preferred this Writ Appeal. (2) Respondent No.1, an Educational Trust, which is running an aided College, had applied to the University to grant affiliation to start four new unaided courses, viz., B.A. (Travel and Tourism), M.Sc. (Medical Bio-Chemistry), M.Sc. (Bio-Technology) and B.A. (Communicative English) in the College for the academic year 2006-07. By Exhibit P1 communication dated May 31, 2006, the Registrar of the University had informed Principal Secretary to the Government, Higher Education (B) Department about the resolution passed by the Syndicate of the University to recommend to the Government to sanction the above four courses and also requesting for the views of the Government on the above subject. (3) Since no follow up action was taken by the University in this regard, respondent No.1/Trust had filed W.P.(C).No.13712 of 2007 for WA.2197/08-E & CoC.1542/08-S - 2 - appropriate directions. The said writ petition was disposed of by this Court, by judgment dated May 24, 2007, directing the University to consider the application and pass appropriate orders expeditiously. Shortly thereafter, by Exhibit P4 communication dated July 26, 2007, the University informed respondent No.1 that the University had decided not to grant affiliation to the new courses until a feasibility study was conducted by the University in the matter. (4) The above communication issued by the University was challenged by respondent No.1/Trust in the writ petition and it was prayed that appropriate direction be issued to the University to grant affiliation to the courses applied for by respondent No.1/Trust. (5) In the counter affidavit filed by the University, it was contended that the above decision not to grant affiliation was taken by the University in the light of the directive issued by the Government in Exr.R2(a) communication. (6) The learned Judge, after considering the stand taken by the University, took the view that there was no justification on the part of the University to make such a volte-face. It was noticed by the learned Single Judge that, as early as in May 2006, the University had granted affiliation to start the courses in the College as requested by the Trust. Thereafter, this Court had again intervened and passed Exhibit P2 judgment directing the University to do the WA.2197/08-E & CoC.1542/08-S - 3 - needful in the matter. The said judgment had become final. It was later that the University had, relying on a communication issued by the Government, taken up the stand that the affiliation cannot be granted. (7) We have carefully perused the entire records of the case and heard the learned counsel for the parties. (8) As rightly observed by the learned Single Judge, the Syndicate of the University having once decided to grant affiliation to start the four courses, there was no justification on its part to take a totally contradictory stand later, and that too, on the basis of a communication issued by the Government requesting the University to wait till a feasibility study was conducted by the Government in the matter. In that view of the matter, we do not see any reason to interfere with the judgment of the learned Single Judge. (9) In an identical case (W.A.No.2083 of 2008 decided on October 24, 2008), we had held that the stand taken by the University could not be justified. In that case, we had upheld the similar view taken by the learned Single Judge. (10) There is no merit in the Writ Appeal. Therefore, it is dismissed. (11) The appellant-University shall comply with the orders and directions issued by the learned Single Judge within fifteen days' from today. WA.2197/08-E & CoC.1542/08-S - 4 - Cont.Case (C).No.1542 of 2002 (12) This Contempt of Court Case has been filed by the Trust/writ petitioner, since the University had failed to comply with the direction issued by the learned Single Judge. As agreed by the parties, this petition is also taken up for consideration along with the above Writ Appeal. In view of the dismissal of the Writ Appeal and particularly since we have granted two weeks' time to the University to comply with the directions contained in the judgment under appeal, we do not intend to take cognizance of this contempt petition for the present. Therefore, the contempt petition is closed. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge