IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 33187 of 2009(P) -------------------------- PETITIONERS: --------------- 1. PRINCIPAL, SIENA COLLEGE OF PROFESSIONAL STUDIES, EDACOCHIN, KOCHI-682 006. 2. MANAGER, SIENA COLLEGE OF PROFESSIONAL STUDIES, EDACOCHIN, KOCHI-682 006. BY ADV. MR. BABY ISSAC ILLICKAL MR. ISAAC KURUVILLA ILLIKAL RESPONDENTS: --------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM. 2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. BY MR. T.A.SHAJI, STANDING COUNSEL, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ P.N.RAVINDRAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 33187 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 19th day of November 2009. JUDGMENT Heard Sri. Baby Isaac Illikal, the learned counsel appearing for the petitioners. The petitioners in this writ petition who are the Principal and Manager of Siena College of Professional Studies, Edacochin has filed this writ petition seeking the following reliefs. i) issue a writ of mandamus or any other writ or order directing the respondents to regularize the admission of students of M.Sc. IT made by the petitioners during 2008; ii) issue a writ of mandamus or any other writ or order directing the respondents to issue hall tickets and question paper to the students of M.Sc. IT admitted during 2008 by the petitioners and thereby enable them to complete the course; 2. The pleadings disclose that the Mahatma Gandhi University had granted provisional affiliation to the Siena College of Professional Studies to start various courses during the academic year 2002-03. For want of students, admissions were not made during that year for the B.C.A. degree course and the M.Sc. degree course in Information Technology. W.P.(C). No. 33187 OF 2009 2 3. On the application filed by the educational agency, the University permitted the college to start the courses during the academic year 2003-04. The courses were not started during the said academic year also. Instead, without the permission of the University, the College started making admissions for the said two courses from the academic year 2005-06 onwards. Since the admissions were made without the permission of the University, hall tickets were not issued to the students. Thereupon every year writ petitions were filed. W.P.(C).Nos. 6254 of 2007 and 30478 of 2007 were filed during the year 2007 and W.P.(C). No.5369 of 2009 was filed this year wherein interim orders were sought for a direction to the University to permit students admitted for the M.Sc. degree course in Information Technology without the approval of the University to appear for the provisional affiliation. The petitioners sought a direction to the University to permit students admitted for the M.Sc. degree course in Information Technology to appear for the examination. 4. Though interim orders evidenced by Exts.P3, P4 and P9 were passed permitting such students to appear for the W.P.(C). No. 33187 OF 2009 3 M.Sc. degree examination in Information Technology on a provisional basis, later, the writ petitions were dismissed as withdrawn. It is evident from Ext.P1 order passed by the Mahatma Gandhi University that provisional affiliation for one year was granted for the M.Sc. degree course in Information Technology during the academic year 2002-03. As stated earlier, the said course was not started in that year. Thereafter the educational agency sought the permission of the University to commence the course. The University granted permission for the academic year 2003-04. During the said year also, admissions were not made. Thereafter, even without affiliation and without the permission of the University, the college authorities made admission during the academic year 2005-06. Even thereafter the college authorities did not apply for affiliation for the M.Sc. degree course. Though an application for affiliation is said to have been filed, no material is produced in this writ petition to show that the educational agency has applied for grant of affiliation for the M.Sc. degree course in Information Technology. In such circumstances, having regard W.P.(C). No. 33187 OF 2009 4 to the fact that admissions were made without affiliation and that the petitioner has been consistently filing writ petitions and withdrawing the writ petitions after interim orders permitting students of their college to appear for the examination on a provisional basis, I am satisfied that the petitioners are not entitled to any relief in exercise of the discretionary jurisdiction vested in this Court under Article 226 of the Constitution of India. I therefore declare jurisdiction and dismiss the writ petition. (P.N.RAVINDRAN) JUDGE kkms/