IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 29359 of 2008(T) ----------------------------------------- PETITIONER: --------------------- SCMS SCHOOL OF TECHNOLOGY AND MANAGEMENT (PROMOTED BY PRATAP FOUNDATION FOR EDUCATION & TRAINING) SCMS NEW CAMPUS,PRATHAP NAGAR, MUTTOM, ALUVA, REPRESENTED BY ITS DIRECTOR RADHA P. THEVANNOOR. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT: ------------------------ MAHATMA GANDHI UNIVERSITY KOTTAYAM, REPRESENTED BY ITS REGISTRAR. BY SRI. T.A.SHAJI, SC, MAHATMA GANDHI UTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C).29359/2008 -------------------- Dated this the 15th day of October, 2008 JUDGMENT Petitioner is a Self Financing College. One of the courses offered by it is the MBA Program. All India Council for Technical Education (AICTE) had originally granted approval to the petitioner-Institution for offering a course in MBA with an intake of 60 students. University had also granted its affiliation to the institution for the said course with an intake of 60 students. Apparently, petitioner had approached the AICTE for increase of students. By Ext.P7 order dated 23.5.2008, AICTE had approved an enhancement of the intake to 120 students. It seems that even when the petitioner had applied to the AICTE, it had made an application to the University also, as evidenced by Ext.P5, for the University’s affiliation in relation to the additional intake of 60 students. It further seems, going by Ext.P7, that the application was being processed by the University and an inspection fee had also been remitted. Ext.P7 was communicated to the University and the petitioner reiterated its request for W.P.(C).29359/2008 2 the University’s orders of affiliation for the additional intake. By Ext.P8, this Court directed the University to take a decision on the request, within four weeks from the date of production of a copy of the judgment. University informed the petitioner vide Ext.P9, which is under challenge in this writ petition. It reads as follows:- With reference to the above, I am to inform you that the Syndicate in its meeting held on 16.9.2008, has resolved, not to sanction increase in intake to MBA course in SCMS School of Technology and Management as the university has already decided not to grant affiliation to new colleges/courses and not to increase the number of seats in unaided colleges affiliated to the University during 2008-09.” 2. I heard learned counsel for the petitioner Mr.Millu Dandapani and learned Standing Counsel for the University, Mr.T.A.Shaji. The only reason stated in Ext.P9 by the University is that the University had already decided not to grant affiliation to new Colleges/Courses and not to increase number of seats in W.P.(C).29359/2008 3 the Unaided Colleges affiliated to the University during the year 2008-09. I am afraid that the University cannot take such a stand in the light of the law laid down by the Supreme Court in Jaya Gokul Educational Trust v. Commissioner & Secretary to Government, Higher Education Department, Thiruvananthapuram, Kerala State, and another (2000 (5) SCC 231) and this Court in Vikram Sarabhai Educational Trust & B.Ed College v. University of Calicut and another (2008 (2) KHC 647). Though the decision are concerned with the NCTE, there is a similar provision in the AICTE. Once AICTE grants its approval for the additional intake, it is not open to the University to say that it has decided not to consider any application for the University’s affiliation. Of course, if there is any statutory requirements to be fulfilled by the College, it is open to the University to say so. But that has not been so stated in the present case. Apparently, University has taken a different stand in the case of certain other courses for the year 2008-09, going by Ext.P10. W.P.(C).29359/2008 4 3. For all these reasons, writ petition is allowed. Respondent shall pass orders granting affiliation to the petitioner for the additional intake of 60 students in the MBA Course offered by it in tune with Ext.P7 for the academic year, 2008-09. Orders shall be passed within two weeks from the date of receipt of a copy of this judgment. I make it clear that it will be open to the University to impose any other conditions while granting affiliation, as is permitted by the University Act and Statutes. In circumstances where the writ petition has been pending before this Court since August, 2008, I think it is only appropriate that the closing time for applications shall stand extended by one week from the date on which order of affiliation is communicated to the petitioner-Institution. V.GIRI, Judge mrcs