IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 23669 of 2011(G) ------------------------------------ PETITIONER(S): ---------------------- THE SECRETARY, (JACOB PUTHENVEETTIL), TRINITY CHARITABLE TRUST,CHAYALODE P.O., PATHANAMTHITTA DISTRICT. BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM SRI.MATHEW K. SIMON RESPONDENT(S): ------------------------ 1. THE UNVERISTY OF KERALA, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM-695 034. 2. THE VICE CHANCELLOR, UNVERISTY OF KERALA,THIRUVANANTHAPURAM-695 034. 3. THE COMMISSIONER OF ENTRANCE EXAMINATIONS,THIRUVANANTHAPURAM-695 001. R1 & R2 BY ADV. SRI.M.RAJAGOPALAN NAIR R3 BY GOVT. PLEADER SRI.MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 23669 of 2011(G) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE APPLICATION FOR AFFILATION DATED 19/10/2009 SUBMITTED BY THE PETITIONER. EXT.P2 TRUE COPY OF THE LETTER OF CONSENT ISSUED BY THE 1ST RESPONDANT. EXT.P3 TRUE COPY OF THE LETTER OF APPROVAL DATED 3/5/2011 ISSUED BY THE AICTE. EXT.P4 TRUE COPY OF THE AGREEMENT BETWEEN THE EDUCATIONAL AGENCY AND GOVERNMENT DATED 27/06/2011. EXT.P5 TRUE COPY OF THE ORDER DATED 15/7/2011 OF HIGHER EDUCATION (J) DEPARTMENT. EXT.P6 TRUE COPY OF THE COMMUNICATION DATED 20/08/2011 ISSUED BY 1ST RESPONDANT. EXT.P7 TRUE COPY OF THE COMMUNICATION DATED 29/08/2011 ISSUED BY THE 1ST RESPONDANT. EXT.P8 TRUE COPY OF THE COMMUNICATION DATED 29/08/2011 ISSUED BY THE PRINCIPAL SECRETARY TO GOVT. EXT.P9 TRUE COPY OF THE CHART SHOWING THE VACANCY POSITION IN COLLEGES WHICH STARTED IN 2010-11. EXT.P10 TRUE COPY OF THE CHART SHOWING THE VACANCY POSITION IN URBAN AND RURAL AREAS SEPERATELY. RESPONDENT'S EXHIBITS: EXT.R1(a) TRUE COPY OF THE DETAILED STATISTICS OF THE SEATS AVAILABLE IN VARIOUS BRANCHES AND THE ADMISSIONS MADE. //TRUE COPY// STU P.A TO JUDGE. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 23669 OF 2011 ----------------------------------------------------- Dated this the 9th day of November, 2011 J U D G M E N T Petitioner is the Secretary of Trinity Charitable Trust which has established a new engineering college. Ext.P3 is the proceedings of the AICTE, according approval to the petitioner, for conducting Degree Courses in Engineering in the disciplines of Electrical and Electronics Engineering, Computer Science Engineering, Electronics and Communication Engineering and Mechanical Engineering. This approval is for the academic year 2011-2012 and the approved intake is 60 seats for each of the Courses. Based on Ext.P3 petitioner entered into seat sharing agreement with Government, a copy of which is Ext.P4. Accordingly, the Government issued Ext.P5 order, according administrative sanction for the College in question. 2. Meanwhile the petitioner had also applied to the 2nd respondent University seeking affiliation for the four W.P.(C) No. 23669 OF 2011 :2 : courses in question. The University completed its procedural formalities such as inspection of the infrastructure provided and finally issued Ext.P6 order dated 20.8.2011, granting provisional affiliation for the courses in three disciplines namely Mechanical Engineering, Electrical and Electronics Engineering and Electronics and Communication Engineering. In so far as the request of the petitioner seeking affiliation for B.Tech Computer Science and Engineering is concerned, in Ext.P6 order of the University, it is stated thus: “Further, the University of Kerala, considering the statistics of Engineering Education and noting that lot of seats are vacant in the existing Colleges under Computer Science and Engineering Branch, it has been decided not to grant permission to start the said branch in new Colleges during 2011-2012.” In other words, on the ground that lot of seats are lying vacant in the existing colleges, affiliation has been declined for the B.Tech Computer Science and Engineering. It is W.P.(C) No. 23669 OF 2011 :3 : challenging Ext.P6 to the extent affiliation is declined for B.Tech Computer Science and Engineering, this writ petition has been filed. 3. A counter affidavit has been filed by the University where it is stated that considering the status of Engineering Education and noticing that a lot of seats are remaining vacant in the affiliated colleges in various branches especially in the discipline of computer science, it was decided not to grant affiliation to the said branch for the academic year 2011-2012. They have also produced Ext.R1(a), a statement indicating the total vacancy position in various colleges during the years 2008 to 2010. This statement show that in computer science, in the year 2010, there were 2060 sanctioned seats, out of which, 444 seats were remaining vacant. According to the University the provisions of the statute 24 of Chapter XXIV of the Kerala University First Statutes 1977, authorizes the Syndicate to ascertain whether a particular subject intended to be provided by the College will cater to the needs of the W.P.(C) No. 23669 OF 2011 :4 : locality. It is stated that in exercise of this power, the University considered the desirability of granting affiliation to the course in question and in view of the position as reflected in Ext.R1(a) it was decided to decline affiliation. 4. The petitioner has filed a reply affidavit, disputing the contentions of the University and contending that out of 444 vacant seats, 258 vacant seats were in new Colleges started last year. According to the petitioner these colleges had obtained affiliation very late and by that time the admission process in the State was almost over. It is also contended that out of 444 vacant seats, 324 such seats were in the engineering colleges situated in rural areas and that only the remaining seats were vacant in colleges in urban areas. The details of the vacancy position, has been produced by way of a statement which has been marked as Ext.P10. Yet another contention raised is that the seats were vacant in the Self Financing Colleges because the Commissioner of Entrance Examination made allotments to the Colleges very late and W.P.(C) No. 23669 OF 2011 :5 : that by the time allotments were made, several of the students had migrated to the neighbouring States, where admissions would be completed in time. According to the petitioner, it was without adverting to these relevant facts that the University has taken a decision as reflected in Ext.P6, which is contended to be illegal. 5. Heard the learned senior counsel appearing for the petitioner and also the learned Standing Counsel appearing for the University. 6. The procedure to be adopted by the Syndicate on receipt of applications for affiliation has been laid down in Chapter 24 of the Kerala University First Statutes 1977. The matters to be satisfied by Colleges which apply for affiliation are those which are provided in statute 24 and statute 24 (1)(a), being relevant, reads as under: “That the College if started will supply the needs of the locality, having regard to the type of education intended to be provided by the College, the facilities existing for the same type of education in the neighbourhood and the suitability of W.P.(C) No. 23669 OF 2011 :6 : the locality.” 7. A reading of this provision shows that a College which has made an application for affiliation, should satisfy the Syndicate that the College will satisfy the needs of the locality. While the Syndicate is considering the question whether if affiliation is granted, the needs of the locality would be satisfied, the Syndicate should have regard to the other factors which are also mentioned in the Statute itself. These factors are (1) the type of education intended to be provided by the College, (2) The facilities existing in the same type of educational institution in the neighbourhood and (3) the suitability of the locality. 8. Therefore when an application for affiliation is considered, the Syndicate will have to take note of the aforesaid three factors and on that basis, decide if affiliation is granted, the College will satisfy the needs of the locality. It is important to notice that in the Statute the expression used is the “needs of the locality” and the facilities of the same type available in the W.P.(C) No. 23669 OF 2011 :7 : “neighbourhood”. These expressions are not defined in the statute and hence, should be assigned the common parlance meaning. Therefore if a College makes an application, what the University has to examine is whether the College will cater to the needs of the locality, having regard to the type of Education intended to be provided and the facilities existing in the neighbourhood. In other words, the provision of the statute being as above, the University cannot take into account the situation prevailing in the whole area of the University and decline affiliation on the ground the seats are lying vacant in Colleges at far away places ignoring the requirements of the locality where the College is proposed to be established. A reading of the counter affidavit and Ext.P6 show that the request of the petitioner for affiliation to B.Tech Computer Science and Engineering has been rejected on the ground that in the entire University there are 444 seats vacant and therefore affiliation cannot be granted. In my view such an approach is totally against the terms of statute 24 (1)(a). W.P.(C) No. 23669 OF 2011 :8 : 9. Having regard to the wordings of Statute 24(1) (a), on the materials, I am inclined to think that the matter is to be reconsidered. In order to enable the University to reconsider the matter as above I quash Ext.P6 to the extend the application for affiliation to B.Tech Computer Science and Engineering is rejected. 10. The University is directed to reconsider the application made by the petitioner for affiliation to the aforesaid course and a decision in this regard shall be taken as expeditiously as possible at any rate within eight weeks from the date of receipt of a copy of this judgment. 11. While issuing the aforesaid direction, I record the submission of the learned counsel for the petitioner that they do not intend to make admission to the course in question this academic year. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge W.P.(C) No. 23669 OF 2011 :9 :