IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 30305 of 2009(G) -------------------------- PETITIONER(S): --------------- THE CHAIRMAN, MET'S SCHOOL OF ENGINEERING, MALA, TRICHUR DISTRICT. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM RESPONDENT(S): --------------- 1. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, THENJIPPALAM, MALAPPURAM DISTRICT. 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, THENJIPPALAM, MALAPPURAM DISTRICT. 3. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 4. THE COMMISSIONER FOR ENTRANCE EXAMINATION, TRIVANDRUM. R1, R2 BY ADV. SRI.P.C.SASIDHARAN, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON 10/11/2009 DELIVERED THE FOLLOWING: APPENDIX IN WPC.30305/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE LETTER DATED 15.7.2009 ISSUED FROM THE AICTE. EXT.P2: TRUE COPY OF THE APPLICATION DATED 16.7.2009 ISSUED TO THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE LETTER DATED 16.7.2009 ISSUED TO THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF THE LETTER DATED 16.7.2009 ISSUED TO THE 4TH RESPONDENT. EXT.P5: TRUE COPY OF THE APPLICATION FOR UPGRADING COLLEGE/ADDITIONAL AFFILIATION SUBMITTED BY THE PETITIONER. EXT.P6: TRUE COPY OF THE APPENDIX B ATTACHED TO EXT.P5. EXT.P7: TRUE COPY OF THE LETTER DATED 25.7.2009 FROM THE PETITIONER TO THE 1ST RESPONDENT. EXT.P8: TRUE COPY OF THE LETTER DATED 25.8.2009 FROM THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(a): TRUE COPY OF THE EARLIER RECOGNITION ORDER. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30305 OF 2009 ------------------------------------------- Dated this the 10th day of November, 2009 JUDGMENT 1.The petitioner, a Self-Financing Engineering College, seeks a direction to the first respondent University to grant affiliation for additional intake of students to B.Tech in Electronics and Communication and in Computer Science and Engineering and for commencing B.Tech. in Mechanical Engineering in the light of Ext.P1 approval given by the AICTE, so as to enable the petitioner to commence classes this year itself. A further direction is sought for to the second respondent Vice Chancellor to invoke his emergency power under Section 10 (13) of the Calicut University Act, 1975 in relation to the aforesaid matter. A declaration that the petitioner is entitled to fill up seats in the additional course and additional intake sanctioned by the AICTE, in the event of undue delay on the part of the University in granting affiliation, is also sought for. WPC.30305/09 2 2.Respondents 1 and 2 have filed a counter affidavit. They contend that Ext.P1 relates to the academic year 2009-2010, which commenced in June, 2009 and what remains is only a short span of six months in that academic year. It is pleaded that B.Tech course is a semester programme having 8 semesters of six months duration each. The classes commenced on 17.8.2009 and the first semester would be over by the second week of February, 2010. The second respondent further contends that Ext.P1 having been issued only on 29.8.2009, the petitioner would be eligible to apply for grant of affiliation only thereafter and therefore, the petitioner's plea that he had applied on 25.7.2009 is not to be accepted. It is contended that the issue is not merely of sanctioning of additional intake but also of commencement of new courses. The enhancement of intake and sanctioning of additional courses in terms of Ext.P1 needs to be further processed in terms of the University Act and Statutes before granting affiliation, it is contended. The petitioner's plea regarding different representations, according to respondents 1 and 2, WPC.30305/09 3 are of no avail since they were filed before obtaining Ext.P1 order of AICTE. Respondents 1 and 2 would contend that they could not be compelled to search for information over the Internet in relation to the petitioner. It makes specific reference to an inspection conducted in July, 2007, wherein, it was concluded that the infrastructure facilities are not sufficient; the faculty is not sufficient and the approval of the apex body has not been obtained. Respondents 1 and 2 further pleaded that only applications which are recommended by the Inspection Committee calls for further processing and that it has to be done in terms of detailed procedure laid down. It is pointed out that in terms of the provisions, the applications have to reach the University before the 30th of June and therefore, the question of acting on Ext.P1 and granting relief does not arise. 3.AICTE is established as a council in terms of Section 3 of All India Council for Technical Education Act, 1987. In terms of the All India Council for Technical Education (Grant of WPC.30305/09 4 Approval for Starting New Technical institutions, introduction of courses or programmes and approval of intake capacity of seats for the courses or programmes) Regulations, 1994, hereinafter referred to as the 'AICTE Regulations', scrutiny of applications are to be done by the Council. The additional intake has been granted in terms of Ext.P1 based on the projections shown in the detailed project report regarding the additional built up space, faculty and other facility for the proposed intake. All such facilities, including additional built up area and appointment of faculty, going by Ext.P1, should be made available before the commencement of the next academic session. Random surprise inspections will be carried out to evaluate facilities and if the institution is found to be deficient in fulfillment of norms and standards of AICTE, appropriate action would be initiated by the council. Ext.P1 has been issued by the AICTE in terms of its statutory powers. It has been held by the Full Bench of this Court in Vikram Sarabhai E. Trust & B.Ed. College v. University of Calicut [2008(2) KLT 1027(FB)]; dealing with a case falling under WPC.30305/09 5 National Council for Teacher Education, another statutory body; that once recommendation is granted by a statutory authority like the NCTE, the University is normally bound to grant affiliation and that the same cannot be denied on the technical contention that the application was not made before the cut-off date. It was held by the Full Bench that when the central body grants recognition, the University has no power or authority to decline affiliation. It was accordingly held that the University can insist compliance of such requirements of the University Statute which are not in conflict with the provisions of the Central Act and the Regulations therein. The principles laid down in relation to NCTE applies to the case of AICTE also. Accordingly, respondents 1 and 2, even as regards Ext.P1 issued by the AICTE, stands bound by the Full Bench decision in Vikram Sarabhai E. Trust (supra). The only distinction that appears is that on facts, the infrastructure facilities were available in that case, while in the case in hand, the infrastructure facilities and faculty position are directed to be maintained by the commencement of the next academic WPC.30305/09 6 year. To do so is within the powers of the AICTE, going by the AICTE Act and the AICTE Regulations. Therefore, Ext.P1 cannot be faulted on that count. It is also apposite to refer to the judgment of this Court in W.P(C).30965/09 dated 20.12.2004, wherein, it was held that once the AICTE grants approval, further enquiry by the University to find out whether the required facilities are available is unnecessary and unwarranted. Clearance of AICTE having been granted as per Ext.P1 on 15.7.2009, the same is to be acted upon by the University, at any rate, if it reaches the University before the application for affiliation is rejected. 4.Section 23(i) of the Calicut University Act provides that subject to the provisions of that Act and the Statutes, the executive powers of the University shall be vested in the Syndicate which shall have the power to affiliate institutions in accordance with the terms and conditions of such affiliation prescribed in that Act and the Statutes. Chapter 23 of the Calicut University First Statutes, 1977, hereinafter referred to WPC.30305/09 7 as the 'First Statutes', provide the statutes regulating affiliation of colleges. The procedure for submitting applications and the procedure to be adopted by the Syndicate on receipt of applications are provided therein. The requirement to pay fee etc. are curable defects. The requirement to put a date in the application form is also a curable defect though, in the case in hand, the University seal is available on the first sheet of the original of the application, disclosing the date of submission of the application (Ext.P5) as 27.7.2009. With this, it also needs to be stated that in terms of the first proviso to Statute 1 in Chapter 23 of the First statutes, late applications can be received by the University up to 31st of December of the concerned year provided due fee in terms of that proviso is paid. Therefore, there is no bar or ban on the University receiving applications for affiliation after 30th of June in relation to the professional colleges. 5.With this, the decision referred to by the learned counsel for the University, reported as Rural Education & Social Trust WPC.30305/09 8 v. University of Calicut [2007(2) KLT 609], stated to have been affirmed by the Apex Court, needs to be considered. This Court had clearly stated that in terms of the provisions in the First Statutes, no student shall be admitted before getting affiliation to the University. The University is duty bound to ensure standards. As laid down by the Division Bench in that case, provisions of the Central Legislation would definitely govern if it is inconsistent with the provisions of the University Act or Regulations or the University First Statutes. Following Jaya Gokul Educational Trust v. Commissioner & Secretary to Government Higher Education Department [2000(2) KLT 26 (SC)], the University was to consider the grant of final or further affiliation acting on the basis of the permission granted by the central body, viz., AICTE. 6.A conjoint reading of the Full Bench decision in Vikram Sarabhai E. Trust (supra) and the Division Bench in Rural Education & Social Trust (supra) would show that when AICTE grants its approval, the University is bound to take up WPC.30305/09 9 the case of affiliation and decide thereon without waiting any further. But the question of affiliation can not be dragged on because, the institute cannot admit students without affiliation being granted. It having been laid down as law, in the given fact situation, affiliation has to be necessarily granted on same terms on which AICTE has granted the approval, in the case in hand, in terms of Ext.P1, the University is bound to do that. 7.The learned counsel for the University states that at this distance of time, classes have commenced and allotments have already been concluded. This writ petition was on board on 26.10.2009. The allotment continued even thereafter. The question of undergoing the whole course in an academic session in a semester or year is a matter that could and will gain the attention at the end of the first semester or year, to determine whether a student is eligible to sit for any exam having attained necessary attendance and having undergone the necessary course of study to proceed to the next semester or year or whether that student has to continue in the class to WPC.30305/09 10 make up the shortage. That is not a matter that has to be taken care of now. Each individual student will have to face the situation as and when it arises. For the aforesaid reasons, this writ petition is ordered directing that respondents 1 and 2 will forthwith issue orders granting affiliation on the basis of Ext.P1 approval of AICTE, subject to all terms and conditions imposed by AICTE as per Ext.P1 and subject to further clearance by the AICTE on the basis of inspections. Therefore, it will also be open to the University to bring to the notice of AICTE the short falls, if any, as regards facilities and faculty as may be available before the commencement of the next academic session. Affiliation order shall be issued by respondents 1 and 2 provisionally, within a period of one week from now, if necessary, by the Vice Chancellor exercising the powers under Section 10(13) of the Calicut University Act. In anticipation of that, respondents 3 and 4 will make allotment of students, however, that the WPC.30305/09 11 petitioner would admit such students following the provisional affiliation order that would be issued by the University as afore directed. The petitioner will pay necessary application fee, affiliation fee etc. and do all that is needful in terms of the University Statutes in accordance with law. This writ petition is ordered accordingly. No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.10/11.