IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 31752 of 2009(L) -------------------------------------- PETITIONER: ------------------- A.L.PRADEEP, SECRETARY, OUR INTERNATIONAL EDUCATIONAL & CHARITABLE FOUNDATION, VAIBHAV NAGAR, THIMIRI, THALIPARAMBA, KANNUR DISTRICT. BY ADVS. MR.GOPAKUMAR R.THALIYAL, MR.N.P.PRAJEESH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. KANNUR UNIVERSITY, MANGATTUPARAMBA, KANNUR, REPRESENTED BY ITS REGISTRAR. R1 TO R3 BY GOVT. PLEADER, R4 BY MR.M.SASEENDRAN,SC,KANNUR UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31752/2009-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GOVERNMENT ORDER DTD. 14/02/2005. EXT.P.2: COPY OF THE ORDER ISSUED BY THE R.4. DTD. 23/05/2006. EXT.P.3: COPY OF THE REPRESENTATION DTD. 23/05/2009. EXT.P.4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE R.4. DTD. 26/12/2008. EXT.P.5: COPY OF THE COMMUNICATION ISSUED BY THE R.2. DTD. 18/06/2009. EXT.P.6: COPY OF THE REPRESENTATION DTD 27/10/2009. EXT.P.7: COPY OF THE REPRESENTATION DTD. 30/10/2009. EXT.P.8: COPY OF THE ORDER ISSUED BY THE R.2. DTD. 07/01/2010. EXT.P.9: COPY OF THE COMMUNICATION DTD. 23/02/2010. EXT.P.10: COPY OF THE ORDER DTD. 06/03/2010. EXT.P.11: COPY OF THE REQUEST DTD. 15/03/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31752 of 2009-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of March, 2010. JUDGMENT The petitioner is the secretary of a charitable foundation which is running educational institutions in the name of “Our College of Applied Sciences.” They are conducting self financing courses in the Arts and Science category. At present, the institution is running two courses, viz. B.Sc. (Bio-informatics) and B.Sc. (Electronics and Communications) which were sanctioned by the Government as per Ext.P1. Ext.P2 shows that the University has granted affiliation for a total students strength of 30 each. After providing infrastructure, the petitioner sought for no objection for three more courses, viz. Bio-technology, Micro Biology and B.Com. Even though the formalities on the part of the University was over, the Government is not taking any decision. By Ext.P3, an application was filed and Ext.P4 is another application for starting B.Sc. (Physics), B.Sc. (Micro Biology), Bachelor of Computer Application and B.Com. with Computer Application. 2. The University recommended the above courses and the petitioner has also given a letter of undertaking and an affidavit to the Government wpc31752 /2009 2 and accordingly the petitioner started the course in B.Com. with Computer Science in August 2009 and 30 students were admitted. Since no action was being taken even thereafter, in the matter, this writ petition has been filed. 3. By an interim order dated 11.11.2009, this Court directed the 4th respondent to provisionally permit the students to register and appear for first year B.Com. degree examination with Computer Science as elective subject, subject to further orders to be passed by this Court. It was also directed that the result need not be declared. The petitioner has produced along with I.A. No.4654/2010 the Government Order granting sanction to start B.Sc. (Physics), B.Sc. (Micro Biology), BCA (25 seats each) and B.Com. with Computer Application (40 seats) in the petitioner’s college. Ext.P8 is the said Govt. Order. By Ext.P9, the petitioner was requested to get NOC from the Government so as to start the additional courses during the academic year 2010-2011. Ext.P10 is the order by which the Government issued NOC for starting B.Sc. (Physics), B.Sc. (Micro Biology), BCA (25 seats each) and B.Com. with Computer Application (40 seats) for the academic year 2009-2010. Accordingly, the Principal forwarded a request as per Ext.P11, to publish the results of the students who appeared for the first semester B.Com. with Computer Application and also for starting B.Sc. (Microbiology), B.Sc. (Physics) and BCA for the wpc31752 /2009 3 academic year 2010-2011. 4. Heard learned counsel for the petitioner and learned Standing Counsel for the University. 5. Learned counsel for the petitioner submitted that in the light of Exts.P8 and P10 orders, there may be a direction to publish the results of the examination. It is submitted by the learned Standing Counsel for the University that the formality of a decision by the Syndicate is remaining and the said decision will be taken in the near future. 5. Therefore, there will be a direction to the University to publish the results of the students who have undergone the examination on the basis of the interim order, within a period of three weeks from the date of receipt of a copy of this judgment. It is made clear that the publication of the results will be subject to the result of the decision to be taken by the Syndicate. The Syndicate will take a decision in the light of the NOC issued by the Government. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/