IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 33172 of 2009(N) -------------------------- PETITIONER(S): --------------- THE MANAGER, AMAL JYOTHI COLLEGE OF ENGINEERING, KOOVAPPALLY.P.O, KANJIRAPPALLY. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM RESPONDENT(S): --------------- 1. M.G.UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM. 2. THE VICE CHANCELLOR, M.G.UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM. BY SC SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).33172/2009 -------------------- Dated this the 23rd day of November, 2009 JUDGMENT The petitioner is the Manager of a Private Self Financing Engineering College that was established in the year 2001. The College is affiliated to the Mahatma Gandhi University. 2. The Educational Agency of the College applied to the All India Council for Technical Education (AICTE for short) for permission to start the M.Tech degree course in Power Electronics and Power Systems and for additional intake of students for the B.Tech degree course in Civil Engineering. Simultaneously, the Educational Agency also applied to the Mahatma Gandhi University for affiliation to the said two courses. The requisite fee was also paid. Exts.P1 and P4 are the applications for affiliation for the said two courses. The AICTE considered the petitioner's applications and granted approval for the M.Tech degree course in Power Electronics with an intake of 18 students and also for additional intake of students for the B.Tech degree course in Civil Engineering from 60 to 90. Ext.P5 letter dated 24.6.2009 was thereupon sent to the Principal Secretary to W.P.(C).33172/2009 2 Government, Higher Education Department with copy to the Educational Agency and others including the Registrar of Mahatma Gandhi University. 3. On receipt of Ext.P5 letter, the Vice Chancellor of Mahatma Gandhi University invoked the emergency power conferred on him under Section 10(17) of the Mahatma Gandhi University Act and passed Ext.P6 order dated 6.11.2009 constituting an Inspection Commission consisting of two members. The Inspection Commission conducted an inspection of the College on 9.11.2009. This writ petition was filed on 18.11.2009 contending that in view of the approval granted by the AICTE, the University is not justified in declining approval even after the Inspection Committee conducted an inspection. In this writ petition, the petitioner seeks a direction to the Mahatma Gandhi University to grant affiliation for the M.Tech degree course in Power Electronics and Power Systems and for the additional intake of students for the B.Tech degree course in Civil Engineering. 4. When this writ petition came up for admission on 19.11.2009, the learned standing counsel appearing for the W.P.(C).33172/2009 3 Mahatma Gandhi University was requested to get instructions. Today when the writ petition came up for further hearing, the learned standing counsel submitted that the Syndicate of the University that met recently, has taken a decision to grant affiliation for the M.Tech degree course in Power Electronics and Power Systems for the current academic year (2009-10) and that consequently orders granting affiliation for the said course will be issued immediately. As regards the affiliation for additional intake of students for the B.Tech degree course in Civil Engineering, Sri.Kurian George Kannamthanam, the learned senior Advocate appearing for the petitioner, submitted that the College does not wish to admit students against the additional seats during the current academic year and that the college will be satisfied if affiliation is granted during the course of this academic year itself subject to admissions being made in the next academic year. The learned standing counsel appearing for the Mahatma Gandhi University submitted that the Syndicate will take an expeditious decision in the matter at the earliest. W.P.(C).33172/2009 4 5. In the light of the decision taken by the Syndicate of the Mahatma Gandhi University to grant affiliation for the M.Tech degree course with an intake of 18 students and the submission made by the learned standing counsel that orders will be passed expeditiously granting affiliation for the said course during the current academic year itself, no orders are required as regards the said course except to reward the said undertaking. As regards the affiliation for additional intake of students for the B.Tech degree course in Civil Engineering, the University should expeditiously consider the application and take a decision in the matter before 31.12.2009, in view of the fact that the college has fairly conceded that they will not make admissions during the current academic year and will make admissions only in the next academic year, after affiliation is granted. I accordingly dispose of this writ petition with a direction to the respondents to take a decision on Ext.P4 application in the light of Ext.P5 letter of consent issued by the AICTE, the decision of the Apex Court in Jaya Gokul Educational Trust v. Commissioner and Secretary to Government, Higher Education W.P.(C).33172/2009 5 Department, Thiruvananthapuram, Kerala State and another (2000 (5) SCC 231) and the decision of the Full Bench of this Court in Vikram Sarabhai E.Trust & B.Ed College v. University of Calicut (2008 (2) KLT, 1027 [FB]), expeditiously and in any event before 31.1.2010. P.N.RAVINDRAN, Judge mrcs