IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 W.P(C).No. 27430 of 2008(M) ---------------------------------- PETITIONER: -------------- SIBGA ARTS AND SCIENCE COLLEGE, IRIKKU.P.O,KALLIAD, KANNUR DISTRICT, REPRESENTED BY IT MANAGER. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KANNUR. ADV. SRI.M.SASEENDRAN, SC FOR R2 BY GOVT. PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO.27430 OF 2008 (M) ==================== Dated this the 28th day of October, 2008 J U D G M E N T Petitioner is the Manager of a Self Financing College in Kannur District run by a charitable trust. Ext.P1 is a communication issued by the Government of Kerala according sanction for starting several colleges, which includes the petitioner also. The college is also affiliated to the 2nd respondent University. 2. By Ext.P2, petitioner applied to the University for sanction of additional courses namely M.Com, BBM, BCA and BA (English). As is evident from the averments in the writ petition and also the statement, pursuant to Ext.P2 application made by the petitioner, a team constituted by the Syndicate of the University inspected the College. Going by the contents of the statement filed by the University, the Inspection team observed that the over all educational environment was not satisfactory and that the Library facilities were poor in as much as the number of books available for each subject was not as per the University norms. It also states that it was observed that the existing courses are to be streamlined and infrastructure facilities to be strengthened before starting new courses. However, fact remains that by Ext.P4, BCA and BA English WPC 27430/08 :2 : were sanctioned to the petitioner. 3. Petitioner is aggrieved by Ext.P4 to the extend that M.Com and BBM have not been sanctioned as applied by them in Ext.P2. They are also relying on Ext.P6 judgment rendered by this Court referring to Ext.P5 Government order and directing the University to grant affiliation to the petitioner for the courses applied for by the petitioner therein. 4. University in the statement filed would contend that it was on account of the inadequacies pointed out by the inspection team that they sanctioned only two courses out of the 4 applied for by the petitioner. In paragraph 5 of the statement, it is further stated that the request of the petitioner for granting provisional affiliation to the remaining two courses namely M.Com and BBM will be considered by the University on specific condition that the College shall satisfy all the requirements stipulated by the University Statutes and rectify the defects identified by the Inspection Commission. Petitioner has no quarrel with the requirement of complying with these requirements. 5. Thus stands in the way of the University to consider the request for affiliation of M.Com and BBM is the inadequacies pointed out by the Inspection Commission. Further the petitioner should comply with the WPC 27430/08 :3 : requirements of the University Statutes to which the petitioner also has no dispute. 6. In these circumstances, the writ petition will stand disposed of with the following directions: That the University shall consider the request made by the petitioner in Ext.P2 for provisional affiliation for M.Com and BBM based on the report made by the Inspection Commission. Once a decision is taken thereon, the same along with the other requirements that are to be complied with, will be communicated to the petitioner inviting the petitioner's attention to the inadequacies and calling upon them to rectify the same. Once the petitioner rectifies the inadequacies thus pointed out and comply with the other requirements laid down by the Kannur University First Statutes, then provisional affiliation shall be granted. The decision as above shall be taken and communicated to the petitioner within 6 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp