IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 22633 of 2008(T) -------------------------- PETITIONER: ------------ THE MANAGER , MAR AUGUSTHINOSE COLLEG, RAMAPURAM, RAMAPURAM BAZAR PO, PALA, KOTTAYAM DISTRICT BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED TO THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. M.G.UNIVERSITY REPRESENTED BY THE REGISTRAR ,KOTTAYAM BY ADV. SRI. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 22633 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st September, 2008. J U D G M E N T In this writ petition, the manager of a college complains that the application for affiliation for two courses, viz. B. Com with Co- operation and BCA applied for by the petitioner has been rejected on unsustainable grounds. The petitioner therefore seeks the following reliefs: “i) Issue a writ in the nature of certiorari calling for the records leading to Ext. P4 and to quash the said decision to the extent it affects unaided institutions being discriminatory, irrational and arbitrary. ii) Issue a writ in the nature of mandamus directing the respondent University to grant affiliation for the course BCA and B. Com. as applied through Ext. P2 and P3. iii) Issue a writ declaring that a statutory body like University cannot resolve to follow a policy which is discriminatory and irrational and therefore the said decision is vitiated.” 2. I have heard the learned standing counsel for the University also. 3. From Ext. P4, it is clear that the application was rejected on the following four grounds: “(a) The existing manpower available in the university cannot cope with the additional work consequent on the sanctioning of new unaided colleges/ courses. (b) Lack of permanent teaching faculty for the conduct and evaluation of Examinations. (c) The increasing instances of irregular admissions in unaided institutions and also pending cases before the Hon'ble Courts. (d) At present, no specific provisions relating to the conduct of courses, admission of students, appointment of teachers etc relating to the unaided stream have been included in the Mahatma Gandhi University Act and Statutes.” The sustainability of these grounds has been examined by me in W.P (C) No. 18774/2008 in which I had categorically held that none of the W.P.C. No. 22633/2008 -: 2 :- four objections can be pressed into service for the purpose of denying affiliation, if otherwise the college is entitled to affiliation. In this case, the University has no case that apart from the said four reasons there are any other reasons for refusing affiliation to the petitioner's college for the said courses. In the above circumstances,Ext. P4 order denying affiliation to the courses for which the petitioner has submitted applications is unsustainable. Accordingly, I quash Ext. P4 order and direct the respondents to grant affiliation to the courses for which the petitioner has submitted applications. Orders in this regard shall be issued within one month from the date of receipt of a copy of this judgment. Since the petitioner has already submitted application for this year for affiliation of the courses in time, I direct that the University shall permit the petitioner to start the courses from this year itself. The petitioner may start the process of admission of students to those courses also in anticipation of grant of affiliation as directed above. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.