IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 30913 of 2008(E) --------------------------------- PETITIONER(S): ------------------- SEETHI SAHIB CHARITABLE TRUST, GREEN VALLEY CAMPUS, NELLIKKAPARAMBU, MUKKAM, KOZHIKODE DISTRICT, REPRESENTED BY THE GENERAL SECRETARY, K.P.SUBAIR. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): ------------------- 1. UNIVERSITY OF CALICUT, REPRESENTED BY THE REGISTRAR, THENJIPALAM, CALICUT. 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT. SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30913/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER NO.F.SRO/NCTE/B.ED/2007- 08/15556 DT 5.12.2007. EXT.P2: TRUE COPY OF THE APPLICATION GIVEN TO THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE JUDGMENT IN WPC NO.12851/2008 DT 22.4.2008. EXT.P4: TRUE COPY OF THE LIST OF FACULTY MEMBERS ALONG WITH COVERING LETTER DT 13.11.2008. EXT.P5: TRUE COPY OF THE COMMUNICATION NO.GA.I/D3/7270/07 DT 20.11.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 30913 OF 2008 (E) ==================== Dated this the 24th day of February, 2009 J U D G M E N T The prayer in this writ petition is to direct the respondents 1 and 2 to grant affiliation to the petitioner so as to enable them to commence B.Ed course pursuant to Ext.P1 order, by which recognition has been granted by the NCTE and for which Ext.P2 application has been made to the University. 2. In WP(C) No.12851/08 filed by the petitioner, this Court has already rendered Ext.P3 judgment directing that if Ext.P2 application has been received by the University, orders thereon shall be passed. The complaint in this writ petition is that despite this, orders were not passed. 3. It is seen that when this case came up for orders before this Court on 26/11/2008, after hearing the submissions made by both sides, this Court passed the following order. Counsel for the University submits that the only aspect which stands in the way of orders being passed on the petitioner's application for affiliation is relatable to the condition in Ext.P1 that the petitioner should have selected the requisite number of qualified teachers. To avoid further controversy, the petitioner shall file a list of persons already selected and appointed as teachers in the college. 4. Subsequently, the petitioner has filed an affidavit dated 2nd of WPC 30913/08 :2 : December, 2008 where in para 2, it has been stated as follows: On 26.11.2008 this Court was pleased to direct the deponent to produce the list of faculty members selected and appointed by the petitioner institution as provided in the order granting recognition. When the inspection team came to the college they gave oral direction to furnish the list of faculty members. Accordingly,the list was given to the University with a covering letter. Copy of the list along with the covering letter is produced herewith and marked as Ext.P4. Ext.P4 was given by hand at the university office on 13.11.2008. The officer, before whom the list was filed, verified the records with the originals. Thereafter the petitioner was allowed to take back the originals after giving photocopy. However, with a view to further delay the process the University gave another communication dt 22.11.2008 to produce the originals of the certificates of faculty members appointed by the institution. The communication was received on 29.11.2008. Copy of the said communication is produced herewith and marked as Ext.P5. On that basis the petitioner college again produced the originals of the certificate on 1.12.2008 the next working day after the receipt of Ext.P5. 5. In view of the above, according to the petitioner, the inadequacy pointed out on behalf of the respondents on 26/11/2008 has been rectified. 6. Therefore, the writ petition is disposed of directing that the University shall examine Ext.P4, the list submitted by the petitioner and pass orders of affiliation, as submitted by them before this Court on 26/11/2008 within 4 weeks. Petitioner shall produce a copy of this judgment before the University, who shall carry out this direction without any further delay. ANTONY DOMINIC, JUDGE Rp