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. 1146 of 2011 --------------------- AGAINST THE ORDER IN WPC.15184/2011 Dated 21/07/2011 .................... APPELLANT/RESPONDENT: ----------------------------- UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS, THIRUVANANTHAPURAM, PIN-695 034. BY ADV. SRI.M.RAJAGOPALAN NAIR RESPONDENT/PETITIONER: ------------------------------ E.MOHAMMED THAHA, MANAGER, P.A.AZIZ COLLEGE OF ENGINEERING AND TECHNOLOGY, KARAKULAM, THIRUVANANTHAPURAM- 695 564. BY ADV. SRI. R. KRISHNA RAJ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1146 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2011 JUDGMENT J.Chelameswar, C.J. This is an appeal preferred by the respondent in W.P. (C) No.15184 of 2011, aggrieved by an interim order dated 21.07.2011, by which a learned Judge of this Court directed publication of result of B.Tech Electronics and Communications Engineering Course. 2. The result of the examination of the 3rd semester of a batch of students pursuing B.Tech Electronics and Communications was withheld by the appellant University in so far as it pertains to the writ petitioner's College on the ground that the students were admitted into the Course without necessary affiliation from the University. We do not propose to go into the complete details of the matter except stating that the issue of granting of affiliation to an additional intake into the abovementioned course by the writ petitioner College has been the subject matter of the litigation before this Court on nore than W.A. No.1146 of 2011 -:2:- one occasion. It appears from the records that such an additional intake was approved by the AICTE, though it remains that at the relevant point of time the appellant University did not grant necessary affiliation with reference to the said additional intake. 3. By the order under appeal, the learned Judge taking the facts and circumstances into consideration including the fact that by an earlier judgment (which attained finality) of this Court in W.P.(C) No.35855 of 2009 dated 31.03.2011 directed the University to consider the application for affiliation made by the respondent/writ petitioner. By the order under appeal the learned Judge therefore directed the publication of the result of the examination referred to above, with a further declaration that such publication will be subject to the result of the writ petition. 4. We are of the opinion that the conduct of both the appellant and the respondent require more rigorous scrutiny at the time of hearing of the writ petition and we do not propose to make any observation in this regard as it is likely to affect the writ petition. But, in the circumstances, we see no reason to entertain the instant appeal. The Writ Appeal is dismissed. W.A. No.1146 of 2011 -:3:- We also deem it appropriate to direct the Registry to list the abovementioned writ petition [W.P.(C) No.15184 of 2011] for hearing before the appropriate Bench on the third week of September, 2011. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb