IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 34791 of 2009(T) -------------------------------------- PETITIONER(S): --------------------- THE MANAGER, ST.JOSEPH'S COLLEGE OF PHYSICAL EDUCATION, MOOLAMATTOM, ARAKULAM P.O., IDUKKI DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): ------------------------- M.G.UNIVERSITY, REPRESENTED BY THE REGISTRAR, KOTTAYAM. BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.34791/2009 APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE JUDGMENT IN WP(C).NO.24586/2007 DATED 03.07.2008. P2 : COPY OF THE COMMUNICATION 19.06.2008. P3 : COPY OF THE ORDER NO.2510/A1/2008/ACADEMIC DATED 12.06.2008. P4 : COPY OF THE CIRCULAR NO.22435/J2/08/H.EDN DATED 25.07.2008. P5 : COPY OF THE RELEVANT PAGES OF THE LIST OF COURSES/COLLEGES RECOMMENDED DURING THE ACADEMIC YEAR 2006-07 WITH COVERING LETTER DATED 26.12.2007. P6 : COPY OF THE COUNTER AFFIDAVIT FILED IN W.P.(C).NO.24049/08. P7 : COPY OF THE COMMUNICATION NO.F.109-223/2008/NCTE/CDN DATED 14.10.08. P8 : COPY OF THE JUDGMENT IN W.P.(C).NO.24049/08 DATED 15.10.08. P9 : COPY OF THE ORDER NO.5150/A1/2008/ACAD. DATED 05.12.2008. P10 : COPY OF THE JUDGMENT IN W.P.(C).NO.36360/08 DATED 01.01.2009. P11 : COPY OF THE JUDGMENT IN W.A.NO.825/09 DATED 23.06.2009. P12 : COPY OF THE ORDER NO.2490/A1/2009/ACADEMIC DATED 08.07.09. P13 : COPY OF THE RELEVANT PAGE OF APPLICATION FOR STARTING A NEW COLLEGE. P14 : COPY OF THE LETTER DATED 17.07.2009. P15 : COPY OF THE COMMUNICATION DATED 25.09.2009. P16 : COPY OF THE U.O.NO.AC.AI/I/505/2002 DATED 05.10.2002. P17 : COPY OF THE U.O.NO.AC.AI/I/AFFN/2084/95-96 DATED 28.11.1995 P18 : COPY OF THE NOTIFICATION NO.AC.AVIII/01/5675/10 DATED 24.06.2010. P19 : COPY OF THE NOTIFICATION NO.AC.AVIII/01/5247/10 DATED 30.07.2010. P20 : COPY OF THE REQUEST DATED 31.05.2011 GIVEN BY THE PETITIONER. P21 : COPY OF THE REQUEST DATED 31.05.2011 GIVEN BY THE PETITIONER. P22 : COPY OF THE U.O.NO.3235/11/AC.AVII DATED 22.06.2011. P23 : COPY OF THE U.O.NO.3543/11/AC.AVII DATED 07.07.2011. AV WPC.NO.34791/2009 P24 : COPY OF THE LETTER DATED 18.07.2011 GIVEN BY THE PETITIONER. P25 : COPY OF THE LETTER DATED 18.07.2011 GIVEN BY THE PETITIONER. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 34791 of 2009 --------------------------------- Dated this the 15th day of November, 2011 JUDGMENT Challenge in this writ petition is against Ext.P12 order through which affiliation is granted by the respondent University to the institution of the petitioner for starting the course of Bachelor of Coaching in Sports and Games and Master of Physical Education. The order of affiliation is challenged only to the limited extent of restriction imposed against the intake strength of students for the above said courses, as 30 and 20 respectively. 2. Contention of the petitioner is that the above said courses are self financing courses which are outside the purview of courses approved by the National Council of Teachers Education (NCTE). But it is contended that the nature of courses are identical to that of Bachelor of Physical Education courses approved by NCTE. So the intake of students ought to have been fixed in accordance with the norms of NCTE. It was also contended that the intake fixed through Ext.P12 is not in WP(C) .34791/2009 2 conformity with the approval granted by the respondent University for other self financing courses . 3. In the counter affidavit filed by the respondent it is contended that the intake of students cannot be granted as per NCTE norms to courses which do not come under the purview of NCTE. It is further contended that the intake of students were fixed only on the basis of the report of the inspection conducted by the commission constituted by the University. According to the respondent University, usually for the new generation courses only 30 students for Bachelor of Degree and 20 students for Post Graduate Degree alone are sanctioned. 4. However, in reply filed by the petitioner the above contentions are refuted illustrating that, for the self financing courses the respondent University had permitted intake of more strength of students than what is approved by Ext.P12. 5. It is admitted that the petitioner's institution has started courses on the basis of Ext.P12 approval for the academic year 2009 onwards and is continuing. Under such circumstances I am of the view that it is for the petitioner to approach the respondent University seeking enhancement of the strength of WP(C) .34791/2009 3 students (students intake) and it is for the respondent University to consider such request based on all factual situation and taking note of the norms and precedents. Learned counsel for the petitioner pointed out that Exts.P14 and P15 representations were submitted in this regard and the University had not taken any decision on such requests made. Interest of justice will be served if a direction is issued to the respondent University to consider such requests. 6. In the result, the writ petition is disposed of directing the respondent University to consider Exts.P14 and P15 requests made by the petitioner for enhancement of the strength of students for the above said two courses. The needful shall be done at the earliest, to facilitate the petitioner to have intake on the basis of such decision with respect to the current academic year. 7. At any rate a decision in this regard shall be taken within six weeks from the date of receipt of a copy of this judgment. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .34791/2009 4 WP(C) .34791/2009 5