IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28723 of 2011(M) -------------------------- PETITIONER(S): --------------- THE DIRECTOR, RAJAGIRI SCHOOL OF ENGINEERING & TECHNOLOGY. RAJAGIRI VALLEY P.O, KAKKANAD, COCHIN-682 039. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE ADV. SRI.TONY GEORGE KANNANTHANAM RESPONDENTS: ---------------------- 1. M.G. UNIVERSITY (MAHATMA GANDHI UNIVERSITY), REP. BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM- 686 660. 2. THE VICE CHANCELLOR, M.G.UNIVERSITY, PRIYADARSHINI 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. M.G. UNIVERSITY R3 BY GOVT. PLEADER SRI. MUHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMG W.P (C) No. 28723/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER DATED 01-09-2011 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION. EXT.P2 : TRUE COPY OF THE COVERING LETTER DATED 28-01-2011 BY THE PRINCIPAL OF RAJAGIRI SCHOOL OF ENGINEERING TECHNOLOGY. EXT.P3 : TRUE COPY OF THE APPLICATION FOR AFFILIATION OF NEW COURSE IN NETWORK ENGINEERING (M-Tech) SUBMITTED ON 28-01-2011. EXT.P4 : TRUE COPY OF THE LETTER DATED 19-10-2011 FROM THE 1ST RESPONDENT. EXT.P5 : TRUE COPY OF THE NOTIFICATION DATED 19-10-2011 ISSUED BY THE UNIVERSITY. EXT.P6 : TRUE COPY OF THE REPRESENTATION DATED 20-10-2011 FROM THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE AMG ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 28723 OF 2011 ----------------------------------------------------- Dated this the 28th day of October, 2011 J U D G M E N T Petitioner is a Self Financing Engineering College. According to the petitioner, seeking affiliation for M.Tech Course in the petitioner's institution they made an application to the University on the strength of Ext.P1 proceedings of the AICTE for approval of the said course. Ext.P3 is the application for affiliation submitted by the petitioner. It is stated that based on the application inspection was conducted and by letter dated 19.10.2011 the University sought the views/NOC of the Government and this was conveyed to the petitioner by Ext.P4 letter. 2. In this writ petition the petitioner complains is that on account of the delay on the part of the Government, the University is delaying orders on Ext.P3 application filed by the petitioner for affiliation. In several cases of this nature it has been held by this court that once the views of W.P.(C) No. 28723 OF 2011 :2 : the Government are sought for and if there is no response from the Government within a reasonable time, the University is free to take a decision on the application for affiliation. In this case the University has sought for the views of the Government and so far it has not been clarified. Taking note of this position and also that the time granted by the University for completing the process of admission is also expiring soon, I direct that the University will take a decision on Ext.P3 as expeditiously as possible at any rate within six weeks from the date of production of a copy of this judgment along with a copy of this writ petition. ANTONY DOMINIC, JUDGE ul/-