IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 23679 of 2011(H) -------------------------- PETITIONER(S): -------------------- PRINCIPAL, ST.JOSEPH COLLEGE OF COMMUNICATION, KURISUMMOOD P.O, CHANGANACHERRY 686 104. BY ADV. SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 01. 2. PRINCIPAL SECRETARY, HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 01. 3. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM 686 560. SRI.T.A.SHAJI, SC, UNIVERSITY SR.GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23679/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE ORDER OF THE HON'BLE HIGH COURT IN WPC NO.12202/10 DT 7.4.10. EXT.P2: PHOTOCOPY OF THE ORDER OF THE 2ND RESPODNENT DT 18.6.2010. EXT.P3: PHOTOCOPY OF THE ORDER OF THE 3RD RESPONDENT DATED 4.8.11. EXT.P4: PHOTOCOPY OF THE GOVERNMENT ORDER DATED 15.7.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23679 OF 2011 ===================== Dated this the 1st day of September, 2011 J U D G M E N T Heard the learned counsel for the petitioner, learned Government Pleader appearing for respondents 1 and 2 and the learned standing counsel appearing for the 3rd respondent. 2. Petitioner is a Self Financing College affiliated to the 3rd respondent University. According to the petitioner, respondents had issued orders requiring colleges like them to enter into agreement with the 1st respondent and to obtain NOC. When such a requirement was insisted, petitioner approached this Court by filing WP(C) No.12202/10. 3. In that writ petition, this court passed Ext.P1 order directing that application for affiliation for the years 2009-10 and 2010-11 made by the petitioner shall be considered by the University without insisting on the petitioner obtaining NOC from the Government or executing the agreement. Subsequently the Government itself issued Ext.P2 order exempting them from the requirement of executing an agreement. 4. Accordingly, provisional affiliation was also granted. WPC No. 23679/11 :2 : Subsequently, petitioner made application for extension of their provisional affiliation for the year 2011-12 and at that stage, Ext.P3 communication was issued by the 3rd respondent requiring the petitioner to renew the agreement with the 1st respondent and such a communication was issued by the 3rd respondent on the basis of Ext.P4 Government order. It is in this background complaining that the 3rd respondent is not passing orders on the application for continuing their affiliation, this writ petition has been filed seeking to quash Ext.P3 and to direct the 3rd respondent to issue order extending affiliation to the petitioner's college. 5. Irrespective of all other contentions, so long as Ext.P1 order of this Court remains in force and Ext.P2 order of the Government also is holding the field, neither respondents 1 and 2 nor the 3rd respondent can require the petitioner to execute an agreement with the 1st respondent for extending provisional affiliation already issued. 6. In that view of the mater, the requirement contained in Ext.P3 that the petitioner should renew the agreement with the 1st respondent is unsustainable. Therefore, I direct that, if any WPC No. 23679/11 :3 : application made by the petitioner for extension of their affiliation is pending, 3rd respondent shall pass orders thereon without insisting on the petitioner renewing their agreement as required in Ext.P3. Such orders shall be passed as expeditiously as possible at any rate within 4 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp