IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WA.No. 1176 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.20711/2011 Dated 02/08/2011 .................... APPELLANT: PETITIONER ------------------------ NARAYANAN & VAIDYANATHAN CHARITABLE AND EDUCATIONAL TRUST,REPRESENTED BY ITS MANAGING TRUSTEE,NARAYANA TOWERS,VAZHUTHAKKAD,THYCAUD.P.O, THIRUVANANTHAPURAM. BY ADV. MR. R.T.PRADEEP MR. SREEKANTH S.NAIR RESPONDENTS: RESPONDENTS -------------------------- 1. UNIVERSITY OF KERALA,REPRESENTD BY ITS REGISTRAR,UNIVERSITY CAMPUS,PALAYAM, THIRUVANANTHAPURAM 695001 2. COMMISSIONER OF ENTRANCE EXAMINATION, OFFICE OF COMMISSIONER OF ENTRANCE EXAMINATION, THIRUVANANTHAPURAM 695001 3. PRINCIPAL SECRETARY,HIGHER EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM 695001 R1 BY MR. RAJAGOPALAN NAIR, STANDING COUNSEL R2 AND R3 SENIOR GOVERNMENT PLEADER MS. K. MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. NO. 1176 OF 2011 APPENDIX APPELLANT'S ANNEXURES : ANNEXURE I : TRUE COPY OF THE COMMUNICATION DATED 28.07.2011 FROM UNIVERSITY. ANNEXURE II : TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 29.07.2011 BY GOVERNMENT ANNEXURE III : TRUE COPY OF THE ATTENDANCE OF WORKSHOP ON 05.08.2011 ANNEXURE IV : TRUE COPY OF THE SCHEDULE OF SECOND ALLOTMENT BY COMMISSIONER OF ENTRANCE EXAMINATION. /TRUE COPY/ P.A. TO JUDGE J. CHELAMESWAR, C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.A. No. 1176 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 10th day of August, 2011 JUDGMENT J. Chelameswar, C.J. Aggrieved by judgment dated 02.08.2011 in W.P.(C) No. 20711 of 2011, the petitioner therein preferred the instant appeal. 2. The said Writ Petition is filed seeking for a direction to the respondent University to grant provisional affiliation to the appellant college herein. 3. By the judgment under appeal, the learned judge disposed of the Writ Petition, directing the respondent University to consider the appellant's application for provisional affiliation within a period of six weeks from the date of production of the judgment. 4. The learned counsel for the appellant however submits that, if the decision to grant the affiliation or not is postponed by a period of six weeks, the appellant college will loose the advantage of having the students alloted for the current academic year and therefore prays that the respondent University directed to grant provisional affiliation forthwith, to W.A No. 1176 of 2011 :2: enable the appellant college for seeking the allotment of the students, by the Government, for the current academic year. 5. We are afraid, that such a direction cannot be issued without examining the suitability and reliability of the appellant institution for granting affiliation by the respondent University. The learned counsel appearing for the respondent University, however brought it to the notice of this Court that the Syndicate meeting of the University is scheduled to be held on 18th of this month. In the said circumstances, the Writ Appeal is disposed of directing the first respondent to consider the case of the appellant in the aforesaid meeting of the Syndicate. Sd/ J. CHELAMESWAR, CHIEF JUSTICE Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd