IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 24231 of 2011(D) ----------------------- PETITIONER : --------------------- THE MANAGER, ALBERTIAN INSTITUTE OF SCIENCE & TECHNOLOGY, KALAMASSERY, COCHIN - 682 022. BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM SRI.MATHEW K. SIMON RESPONDENT(S): ------------------------- 1. M.G.UNIVERSITY, REP.BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM 686 660. 2. THE VICE CHANCELLOR, M.G.UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM 686 660. 3. STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPT., GOVT.SECRETARIAT, THIRUVANANTHAPURAM 686 001. R1 & R2 BY ADV. SRI. T.A. SHAJI, SC R3 BY SR. GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 24231 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPLICATION FOR AFFILIATION OF THE NEW COLLEGE SUBMITTED TO THE UNIVERSITY ON 28-1-2011. EXT.P2 : COPY OF THE ORDER DATED 1-3-2011 ISSUED FROM THE 1ST RESPONDENT. EXT.P3 : COPY OF THE LETTER DATED 2-9-2011 ISSUED FROM THE 1ST RESPONDENT. EXT.P4 : COPY OF THE COMMUNICATION DATED 19-8-2011 ISSUED BY THE AICTE. EXT.P5 : COPY OF THE JUDGMENT DATED 26-10-2006 IN WP(C) NO. 24430/2006 OF THIS HON.COURT. EXT.P6 : COPY OF THE JUDGMENT DATED 10-8-2011 IN WP(C) NO. 20215/2011 OF THIS HON.COURT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 24231 OF 2011 ----------------------------------------------------- Dated this the 23rd day of September, 2011 J U D G M E N T Petitioner wants to establish an engineering college, for which approval has been obtained from the AICTE as per Ext.P4. They made Ext.P1 application to the University for affiliation, and on inspection, on finding the infrastructural facilities provided by the petitioner satisfactory, the University recommended the course and sought the views/NOC of the Government as per letter dated 2.9.2011. This was conveyed to the petitioner by Ext.P3 letter. Apparently, because of lack of response from the Government, the University has not taken any decision on the application and that led the petitioner to file this writ petition seeking a direction to the University to decide on Ext.P1 application for affiliation. 2. In several cases of this nature, including Exts.P5 and P6 judgments, this court has clarified that once the W.P.(C) No. 24231 OF 2011 :2 : views/NOC of the Government are sought and if the response is not forthcoming even after lapse of a reasonable time the University is free to decide on the application. In this case the views/NOC has been sought by the University as per letter dated 2/9/2011 and so far there has not been any response from the Government. In such circumstances I dispose of the writ petition directing that if the response from the Government is not received within a reasonable time, the University shall take a decision on Ext.P1 expeditiously and this shall be done, at any rate within four weeks from the date of receipt of a copy of this judgment. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge