IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 31219 of 2009(V) -------------------------- PETITIONER(S): --------------- FR.ANTONY PURAYIDAM,S/O.JOSEPH, AGED 59,CHAIRMAN,DEVAMATHA EDUCATIONAL TRUST & THE MANAGER,DEVAMATHA ARTS & SCIENCE COLLEGE, PAISAKKARY, KANNUR DISTRICT. BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL SRI.S.RAVINDRAN NAIR RESPONDENT(S): --------------- 1. THE KANNUR UNIVERSITY,MANGATTUPARAMBU, KANNUR UNIVERSITY CAMPUS.P.O,KANNUR REP BY ITS REGISTRAR. 2. THE STATE OF KERALA REP: BY ITS SECRETARY TO GOVT.HIGHER EDUCATION(B)DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 3. THE ELECTION COMMISSIONER OF INDIA, REP:BY THE CHIEF ELECTORAL OFFICER, THIRUVANANTHAPURAM. ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. FOR R3 SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1 GOVERNMENT PLEADER SHRI M.A.ASIF FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.31219/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF G.O.NO.ACAD/A2/1597/DMC/04 DATED 7.8.09. EXT.P2: TRUE COY OF ORDER OF THE COMMISSIONER OF INCOME TAX DATED 28.11.09. EXT.P3: TRUE COPY OF COMMUNICATION DATED 29.7.09. EXT.P4: TRUE COPY OF LETTER OF UNDERTAKING SIGNED BY THE PETITIONER. EXT.P5: TRUE COPY OF CIRCULAR BI ACD/A1/NC&C 2009-10 DATED 31.8.09. EXT.P6: TRUE COPY OF LETTER ISSUED BY THE FIRST RESPONDENT ON 31.10.09. EXT.P7: TRUE COPY OF MODEL CODE OF CONDUCT ISSUED BY THE ELECTION COMMISSION OF INDIA. TRUE COPY T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.31219 OF 2009 ----------------------------------------------------- DATED THIS THE 8th DAY OF APRIL, 2010 J U D G M E N T The petitioner who is a Chairman of a Trust and its Manager is seeking for a direction to the 1st respondent to accept the examination/registration fee for the B.Com. With Co-operation and B.B.A. Degree courses from the students of Devamatha Arts and Science College. 2. This Court had passed an interim order dated 9.11.2009 noticing that the said University has already decided to grant affiliation way back in the month of July, 2009, there is no reason why on account of the delay on the part of the Government in issuing a no objection certificate, the students of the petitioner's College should suffer. Accordingly, the first respondent was directed to provisionally permit the students of the College to register and appear for the first year B.Com. With Co-operation examination as the elective subject and the first year B.B.A. Degree examination commencing on 18.11.2009 on a provisional basis subject to further orders to be passed by this W.P.(C)No.31219/09 -2- Court. 3. The petitioner has subsequently filed I.A.No.4190/10 producing Exhibit P8, a copy of the Government Order dated 19.11.2009. As per the said Government Order, sanction is accorded for starting B.Com.with Co-operation (40 seats) and BBA courses (35 seats) in Devamatha Arts and Science College, Kannur from the academic year 2009-10. The Management is directed to execute an agreement as per the conditions shown in the order. It is averred in the affidavit that the education agency will execute an agreement with the State Government as a pre- condition for the issuance of the NOC. But the 1st respondent is not ready to execute the agreement and issue the NOC on the ground that the Writ Petition is pending before this Court. 4. In the light of the subsequent developments, the Writ Petition is disposed of with the following directions. 5. The results of the students who have participated in the examination as directed by this Court in the interim order dated 9.11.2009 will be published treating their appearance as regular. W.P.(C)No.31219/09 -3- 6. There will be a direction to the first respondent to complete all the formalities for the release of the NOC for enabling the petitioner to get affiliation with the Kannur University during 2009-10. The same shall be done within a period of one month from the date of receipt of a copy of this judgment, on completion of all formalities by the petitioner also. 7. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn