IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 33116 of 2007(P) -------------------------- PETITIONER: --------------- PROF.D.A.STEPHEN MANAGER,C.S.I.COLLEGE OF EDUCATION CHURCH OF SOUTH INDIA,SOUTH KERALA DIOCESE L.M.S.COMPOUND, PARASSALA, THIRUVANANTHAPURAM 695 502. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: ----------------- 1. THE UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS THIRUVANANTHAPURAM. ADDL. 2. THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM. (IMPLEADED AS PER ORDER DT.15/11/2007 IN IA 15161/07.) BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33116/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF ORDER DT.5.1.06 OF GOVT.OF KERALA. EXT.P2: TRUE COPY OF COMMUNICATION DT.5.6.07. EXT.P3: TRUE COPY OF COVRING LETTER DT.29.8.05 WITH DULY FILLED APPLICATION FOR AFFILIATION. EXT.P4: TRUE COPY OF COVERING LETTER DATED 28.8.2006 WITH APPLICATION FORM FOR AFFILIATION. EXT.P5: TRUE COPY OF COMMUNICATION DT.4.8.07 FROM THE RESPONDENT. EXT.P6: TRUE COPY OF LETTER DT.30.8.07 WITH THE APPLICATION FORM. EXT.P7: TRUE COPY OF REPRESENTATION DT.12.11.07 FILED BEFORE THE UNIVERSITY. EXT.P8: TRUE COPY OF REPRESENTATION DT.12.11.2007 FILED BEFORE THE GOVT. EXT.P9: TRUE COPY OF COMMUNICATION DT.12.12.2007. EXT.P10: TRUE COPY OF COMMUNICATION DT.14.12.2007. EXT.P11: TRUE COPY OF STAFF PROFILE. EXT.P12: TRUE COPY OF ENDORSEMENT OF SELECTION TO THE POST OF LECTURERS. EXT.P13: TRUE COPY OF COVERING LETTER DT.13.3.2008 WITH STAFF PROFILE TO THE POST OF DIRECTOR/READER. EXT.P14: TRUE COPY OF RESIGNATION LETTER DT.7.3.2008. EXT.P15: TRUE COPY OF APPOINTMENT ORDER DT.5.3.2008. EXT.P16: TRUE COPY OF JOINING CERTIFICATE DT.7.3.08. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 33116 OF 2007 P ==================== Dated this the 31st day of March, 2008 J U D G M E N T In this writ petition, petitioner wants affiliation for M.Ed Course in his institution. 2. Initially the petitioner had applied for affiliation by submitting Exts. P3 and later by P4 and it is seen that Ext.P4 was rejected by Ext.P5. Thereafter, petitioner submitted Ext.P6 application for affiliation for the academic year 2008-09. 3. Even according to the petitioner, as atpresent, what they have is only a conditional recognition by the NCTE. In compliance with the conditional recognition, petitioner had requested for deputing a representative of the University for selecting a suitable faculty and when there was no response to that request, this writ petition was filed seeking appropriate orders. 4. An interim order was passed by this court on 15/11/2007 directing the University to depute their nominee within one month. It is submitted by the counsel for the petitioner that University's nominee was deputed and that the University has also given endorsement in the WPC 33116/07 :2 : appointments made to the three Lecturer posts. However endorsement was declined in so far as the Reader post is concerned as the candidate was working in another institution. 5. Counsel submits that the candidate has thereafter resigned from the post and has joined the petitioner's institution and that the documents in support of this have all been submitted to the University for obtaining necessary endorsement. 6. I heard the learned standing counsel appearing for the University also. It is pointed out that the resignation letter produced by the petitioner is Ext.P14 and that this letter is addressed to the Registrar of the University and not to the appointing authority of the institution where the petitioner was working. It is stated that if satisfactory document evidencing resignation from the erstwhile employment and appointment in the petitioner's institution is produced before the University, the University shall reconsider the request for endorsement that has been made by the petitioner. 7. Taking into account the submissions made as above by both sides, this writ petition is disposed of directing that it will be open to the petitioner to submit documents evidencing resignation and appointment of WPC 33116/07 :3 : the Reader selected by the petitioner in the selection process in which the University was also a participant. On submission of the documents as above, within two weeks of receipt thereof, the University shall reconsider the request of the petitioner for endorsement. 8. As already noticed, what presently the petitioner has is only a conditional recognition and further proceedings pursuant to Ext.P6 application for affiliation can be continued only if unconditional recognition is obtained from the NCTE. Needless to say that if unconditional recognition is obtained from the NCTE and submitted to the University, necessary consequential action shall be taken by the University on Ext.P6. With this direction, the writ petition is disposed of. ANTONY DOMINIC,JUDGE. Rp