IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 10125 of 2007(E) ------------------------------------ PETITIONER(S): ---------------------- NIT, EDUCATION SOCIETY, (MAR GREGORIOUS COLLEGE OF ENGINEERING AND TECHNOLOGY), KODIMATHA, KOTTAYAM - 686 001, REPRESENTED BY ITS CHAIRMAN MR.RAJAN VARGHESE. BY ADV. MR.TOM K.THOMAS RESPONDENT(S): ------------------------ 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM. 2. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REPRESENTED BY ITS SECRETARY, INDIRA GANDHI SPORTS COMPLEX, JP ESTATE, NEW DELHI - 11002. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001. 4. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, O/O THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, TRIVANDRUM - 695 001. R1 BY ADV. MR.T.A.SHAJI, SC. M.G.UNIVERSITY R2 BY ADVS.MR.MILLU DANDAPANI R3 & R4 GOVT. PLEADER MR.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.10125/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPROVAL DTD. 27.5.02 GIVEN BY AICTE TO PETITIONER. P2:- COPY OF THE LETTER DTD. 8.8.02 ISSUED BY AICTE TO THE PETITIONER. P3:- COPY OF THE GO(MS) NO.72/02/H.EDN. DTD. 2.7.02 ISSUED BY THE GOVERNMENT . P4:- COPY OF THE LETTER DTD. 9.11.01 ISSUED BY THE IST RESPONDENT. P5:- COPY OF THE LETTER DTD 2.8.02 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. P6:- COPY OF THE LETTER DTD. 29.5.03 ISSUED BY GOVERNMENT TO THE PETITIONER. P7:- COPY OF THE REPLY DTD. 3.6.03 GIVEN BY THE PETITIONER TO GOVERNMENT. P8:- COPY OF THE ORDER DTD. 10..03 ISSUED BY THE GOVERNMENT TO THE PETITIONER. P9:- COPY OF THE LETTER DTD. 30.4.03 ISSUED BY THE GOVERNMENT TO THE PETITIONER. P10:- COPY OF THE JUDGMENT DTD. 3.3.05 OF THIS HONOURABLE COURT IN WPC. 21723/03. P11:- COPY OF THE APPLICATION DTD. 27.4.2005 FOR AFFILIATION SUBMITTED BY THE PETITIONER. P12:- COPY OF THE JUDGMENT DTD. 1.8.05 OF THIS HONOURABLE COURT IN WA. 1515/05. P13:- COPY OF THE LETTER DTD. 24.8.05 ISSUED BY IST RESPONDENT TO PETITIONER. P14:- COPY OF THE JUDGMENT DTD. 31.10.05 OF THIS HONOURABLE COURT IN WPC. 25865/2005. P15:- COPY OF THE FRESH APPLICATION FOR AFFILIATION DTD. 21.12.05 FOR 2006-07 PREFERRED BY PETITIONER BEFORE IST RESPONDENT. P16:- COPY OF THE LETTER DTD. 21.12.05 PREFERRED BY PETITIONER TO UNIVERSITY. P17:- COPY OF THE LETTER DTD. 2.9.06 ISSUED BY IST RESPONDENT TO THE PETITIONER. P18:- COPY OF THE LIST OF APPROVED INSTITUTIONS FOR THE ACADEMC SESSION 2006-06 ISSUED BY AICTE. W.P.(C) NO.10125/2007 P19:- COPY OF THE JUDGMENT IN WPC. 25883/06 . P20:- COPY OF THE LETTER DTD. 6.2.07. P21:- COPY OF THE LETTER DTD. 5.3.07. P22:- COPY OF THE APPLICATION FOR AFFILIATION ORDER DTD. 22.11.07. P23:- COPY OF THE APPLICATION. P24:- COPY OF THE ACKNOWLEDGEMENT CARD. P25:- COPY OF THE APPLICATION RECEIVED BY THE UNIVERSITY ON 30.1.2009. P26:- COPY OF THE POSTAL ACKNOWLEDGEMENT CARD. TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.10125 OF 2007 ----------------------------------------------------- DATED THIS THE 24th DAY OF MARCH, 2010 J U D G M E N T The petitioner, an educational Society, has approached this Court seeking the following reliefs: (i) Issue a writ of mandamus, any other writ, order or direction commanding the 1st respondent University to grant affiliation to the petitioner's college to the four B.Tech courses in (1) Mechanical Engineering, (2) Electrical Engineering (3) Computer Science Engineering, (4) Electronics and Computer Engineering for the Academic year 2007-08. (ii) Issue a writ of mandamus, any other writ, order or direction commanding the 4th respondent to allot students to the petitioner's college from the rank list prepared on the basis of the Common Entrance Test for the academic year 2007-08 for the B.Tech courses approved by the AICTE. W.P.(C)No.10125/04 -2- (iii) Declare that the petitioner is entitled to affiliation/provisional affiliation to the four courses in (1) Mechanical Engineering, (2) Electrical Engineering (3) Computer Science Engineering, (4) Electronics and Computer Engineering for the Academic year 2007-08. (iv) Appoint an Advocate Commissioner to inspect the petitioner's college and to file a report whether the deficiencies pointed out by the university in Ext.P20 has been rectified by the petitioner or not. (v) Issue a writ of certiorari, calling for the records leading to Ext.P22 and quash the same and. (vi) declare that the 1st respondent University has no right or authority to prescribe higher standards than what has been prescribed under the AICTE Act and its regulations. 2. It is submitted by the learned counsel for the petitioner that application for affiliation filed as per Exhibit P25 W.P.(C)No.10125/04 -3- after rectifying various defects is pending before the University and the University may be directed to take a decision in accordance with law. 3. Heard the learned Standing Counsel for the University. There will be a direction to the University to consider the application Exhibit P25 in accordance with the Regulations and after conducting an inspection and a final decision will be taken within a period of three months. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn