IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 23542 of 2011(P) -------------------------- PETITIONER(S): --------------- THE EXECUTIVE DIRECTOR, SAHRDAYA COLLEGE OF ENGINEERING AND TECHNOLOGY, KODAKARA- 680684, THRISSUR DISTRICT. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM SRI.MATHEW K. SIMON RESPONDENT(S): --------------- 1. UNIVERSITY OF CALICUT, REP.BY ITS REGISTRAR, THENJIPALAM, MALAPPURAM DISTRICT-673635. 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, THENJIPALAM,MALAPPURAM DISTRICT-673635. 3. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY SR. GOVERNMENT PLEADER SMT.M.J.RAJASREE ADV. SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERS FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, ALONG WITH WPC 23543 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23542 of 2011(P) APPENDIX PETITIONER'S EXHIBITS EXHIBIT-P1: TRUE COPY OF THE ORDER DATED 23.8.2010 ISSUED BY THE AICTE. EXHIBIT-P2: TRUE COPY OF THE APPLICATION FOR AFFILIATION OF ADDITIONAL SEATS DT.20.09.2010. EXHIBIT-P3: TRUE COPY OF THE APPLICATION FOR ADDITIONAL BATCH DT.20.09.2010. EXHIBIT-P4: TREUE COPY OF THE JUDGMENT DATED 8.7.2011 IN W.P.(C) NO.18452 OF 2011 OF THIS HON'BLE COURT. EXHIBIT-P5: TRUE COPY OF THE LETTER (MEMO) DATED 17.8.2011 ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P6: TRUE COPY OF THE UNDERTAKING DATED 19.08.2011 GIVEN TO THE PETITIONER. EXHIBIT-P7: TRUE COPY OF THE JUDGMENT DATED 10.8.2011 IN W.P.(C) NO.20215/2011 OF THIS HON'BLE COURT. RESPONDANTS'S EXHIBITS NIL ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) Nos. 23542 & 23543 OF 2011 ----------------------------------------------------- Dated this the 6th day of September, 2011 J U D G M E N T These writ petitions are filed by the Managements of Self financing Engineering Colleges which are affiliated to the first respondent, University. The common grievance is that there is delay on the part of the University in taking a decision on the applications for affiliation for additional batches and for increase of intake in existing courses. 2. In so far as WPC 23542/11 is concerned, after obtaining approval from the AICTE, petitioner applied to the University for affiliation of an additional batch of B.Tech Degree Course in Electrical and Electronics. They also sought increase of intake from 60 to 120 in respect of B. Tech Electronics and Communications. After necessary inspection the University recommended their case and sought the views/NOC of the Government by letter dated 17-8-2011, which was communicated to the petitioner by W.P.(C) Nos. 23542 & 23543 OF 2011 :2 : Ext.P5. 3. In so far as WPC 23543 of 2011 is concerned here also the petitioner obtained approval from the AICTE and applied for affiliation to start an Additional batch in B.Tech Mechanical Engineering. The University inspected the College and recommend for affiliation and sought the views/NOC from the Government by its letter dated 20.8.2011 which was communicated to the petitioner by Ext.P4. The petitioner submits that the views/NOC from the Government is not forthcoming and therefore the University is not taking a decision on their applications. 4. In several cases of this nature it has been held by this court that once views/NOC is sought and if there is no response from the Government even after a reasonable time, the University is free to consider the applications made by the Colleges. Consistent with the said view, these writ petitions are also disposed of directing that if the W.P.(C) Nos. 23542 & 23543 OF 2011 :3 : response is not forthcoming from the Government even after a reasonable time, the University shall take a decision on the application made by the petitioners seeking affiliation for additional batches and for increase of intake as the case may be. Such decision shall be taken at any rate within 4 weeks of production of a copy of this judgment along with a copy of the writ petition. ANTONY DOMINIC, JUDGE ul/-