IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH AUGUST 2008 / 7TH BHADRA 1930 W.P(C).No. 20049 of 2008(J) -------------------------- PETITIONER: ------------ INDIRA GANDHI COLLEGE OF ARTS AND SCIENCE, NELLIKUZHI,KOTHAMANGALAM, ERNAKULAM, REPRESENTED BY ITS CHAIRMAN, K.M.PAREETH. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENTS: ------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY - R2 SMT. N.SUDHA DEVI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 20049/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPIES OF THE APPLICATION DATED 27/01/2005. EXHIBIT P2 : TRUE COPY OF THE LETTER DATED 28/02/2007. EXHIBIT P3 : TRUE COPY OF INTERIM ORDER DATED 10/4/2007 IN W.P(C). No.7592 of 2007. EXHIBIT P4 : TRUE COPY OF LETTER DATED 3/05/2007. EXHIBIT P5 : TRUE COPY OF JUDGMENT DATED 1/08/2007 IN W.P(C) NO.7592 OF 2007. EXHIBIT P6 : TRUE COPY OF ORDER NO.2639/2484/01/07 AVII/ACADEMIC DATED 17/11/2007. EXHIBIT P7 : TRUE COPY OF ORDER NO.1961/2483/01/AVII/07 ACADEMIC DATED 25/09/2007. EXHIBIT P8 : TRUE COPY OF STATEMENT DATED 4/07/2007 IN W.P(C) NO.7592 OF 2007. EXHIBIT P9 : TRUE COPY OF JUDGMENT DATED 8/02/2008 IN W.P(C) NO.35295/ 2007. EXHIBIT P10: TRUE COPY OF LETTER NO.2484/01/AC.AVII DATED 24/03/2008. EXHIBIT P11: TRUE COPY OF LETTER NO.1048/2006/AC. AVII DATED 31/05/2006. EXHIBIT P12: TRUE COPY OF REPORT OF THE COMMISSION CONSTITUTED FOR FEASIBILITY STUDY DATED NIL. EXHIBIT P13: TRUE EXTRACT OF THE MINUTE OF THE SYNDICATE MEETING HELD ON 7/03/2008. RESPONDENTS' EXHIBITS: EXHIBIT R2(a): TRUE COPY OF THE GOVT. LETTER NO. 15136/ J2/07/H.Edn. DATED 30/08/2007. W.P(C).No. 20049/2008 EXHIBIT R2(b): TRUE COPY OF THE REPORT OF THE COMMISSION CONSTITUTED FOR FEASIBILITY STUDY FOR AFFILIATION OF NEW COURSES AT THE PETITIONERS COLLEGE. /TRUE COPY/ P.A. TO JUDGE scm S.SIRI JAGAN, J ================== W.P(C)No.20049 of 2008 ================== Dated this the 28th day of August, 2008. J U D G M E N T The petitioner is a college which aspires to start additional five courses in their college, which courses were recommended to the Government by the 2nd respondent University as per Ext.P2. The following are the courses: 1. M.Sc Biochemistry 2. M.Sc. Physics 3. M.S.W. 4. M.Sc. Chemistry 5. M.Sc. Zoology (2) The petitioner's grievance is that in spite of the recommendation the University is not giving affiliation to the petitioner's college on untenable grounds. A counter affidavit has been filed by the University stating the reasons for refusing to grant affiliation. As per the same it is stated that the syndicate has decided not to grant affiliation since a feasibility study has to be conducted. The justifiability of such reasons had been considered by me in W.P.(C) No.18774/08 and I had held that on such ground the University cannot refuse affiliation in so far as, the University had already recommended W.P(C)No.20049 of 2008 - 2 - to the Government for starting of those courses. In fact, provisional affiliation has already been granted, subject to feasibility study. As in W.P.(C) No.18774/08 , in this case also by Ext.P5 judgment, this court had directed the University to consider the petitioner's application in so far as the University themselves had already recommended to the Government for starting of these courses. The University cannot now turn around and contend that affiliation cannot be granted without a feasibility study. Accordingly, I am satisfied that the petitioner is entitled to the reliefs prayed for in this writ petition. Therefore the 2nd respondent is directed to grant affiliation to the petitioner's courses for which the petitioner has sought affiliation. Orders in this regard shall be issued within six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs