IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 28712 of 2010(L) ---------------------------------------- PETITIONER(S): ------------------------ KUNHITHARUVAI MEMORIAL CHARITABLE TRUST KMCT CORPORATE OFFICE, MALABAR CHRISTIAN COLLEGE CROSS ROAD, KANNUR ROAD JUNCTION, CALICUT-673 011, REPRESENTED BY ITS MANAGING TRUSTEE DR.K.MOIDU. BY ADV. SRI.ANIL K.NARENDRAN RESPONDENT(S): -------------------------- 1. UNIVERSITY OF CALICUT, THENJIPPALAM, MALAPPURAM DISTRICT-673 635, REPRESENTED BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, THENJIPPALAM, MALAPPURAM DISTRICT-673 635. R1 & R2 BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 28712/2010-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER OF APPROVAL GRANTED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE) DATED 15/01/2009. EXT.P2: COPY OF THE RELEVANT EXTRACT OF THE STATE-WISE LIST OF EXISTING INSTITUTIONS APPROVED FOR 2010-11, PUBLISHED IN THE OFFICIAL WEBSITE OF THE AICTE (WWW.AICTE-INDIA.ORG.) ON 14/07/2010. EXT.P3: COPY OF THE PETITIONER'S APPLICATION DATED 31/12/2008, SUBMITTED BEFORE THE 1ST RESPONDENT, ALONG WITH RECEIPT DATED 31/12/2008 FOR REMITTANCE OF FEE PLUS FINE. EXT.P4: COPY OF THE ORDER DATED 14/07/2009, ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE ORDER DATED 22/07/2009, ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF THE PETITIONER'S APPLICATION DATED 31/12/2009, SUBMITTED BEFORE THE 1ST RESPONDENT, ALONG WITH RECEIPT DATED 31/12/2009 FOR REMITTANCE OF FEE PLUS FINE. EXT.P7: COPY OF THE PETITIONER'S REPRESENTATION DATED 28/07/2010, SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P8: COPY OF THE OBJECTION CERTIFICATE DATED 28/08/2010 ISSUED BY THE 1ST RESPONDENT FOR B.TECH COURSE IN BIOMEDICAL ENGINEERING. EXT.P9: COPY OF THE ORDER DATED 23/08/2010 OF THE AICTE GRANTING EXTENSION OF APPROVAL TO KMCT COLLEGE OF ENGINEERING FOR WOMEN, FOR THE ACADEMIC YEAR 2010-11. EXT.P10: COPY OF THE APPLICATION DATED 31/12/2009 SUBMITTED BEFORE THE 1ST RESPONDENT FOR INTRODUCING NEW BE.TECH COURSES IN APPLIED ELECTRTONICS, ELECTRICAL ENGINEERING AND BIOMEDICAL ENGINEERING, IN KMCT COLLEGE OF ENGINEERING FOR WOMEN, FOR THE ACADEMIC YEAR 2010- 11, ALONG WITH REEIPT DATED 31/12/2009 FOR REMITTANCE OF FEE PLUS FINE. EXT.P11: COPY OF THE GOVERNMENT ORDER DATED 21/10/2010 ALREADY GRANTING NOC FOR STARTING B.TECH IN BIOMEDICAL ENGINEERING IN KMCT COLLEGE OF ENGINEERING FOR WOMEN, WITH AN INTAKE OF 60 STUDENTS DURING THE ACADEMIC YEAR 2010-11. EXT.P12: COPY OF THE COVERING LETTER DATED 22/10/2010, ADDRESSED TO THE 1ST RESPONDENT, ALONG WITH RECEIPT DATED 22/10/2010 FOR Rs.10,000/- TOWARDS AFFILIATION/ADMINISTRATION FEE AND PROFORMA TO ACCOMPANY THE REQUEST FOR PROVISIONAL AFFILIATION DATED 22/10/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 28712 of 2010 L ``````````````````````````````````````````````````````` Dated this the 21st day of December, 2010 J U D G M E N T Petitioner is a Self Financing Engineering College affiliated to the respondent University. In this writ petition, their prayer is for directing the University to grant affiliation for B.Tech in Electronics and Communication Engineering based on Ext.P3 application. They also seek orders on Exts.P6 and P10, for increasing the intake for B.Tech in Civil Engineering from 30 to 60 and for affiliation to introduce B.Tech in Bio Medical Engineering with 60 seats, in the light of Ext.P9 formal order of the AICTE. 2. As far as the application for affiliation for B.Tech in Electronics and Communication Engineering is concerned, Ext.P3 application was submitted by the petitioner seeking affiliation for the academic year 2009-2010. Based on Ext.P3, the University granted provisional affiliation as per Ext.P4 order and a revised order was issued by the University as per W.P.(C) No.28712/2010 : 2 : Ext.P5. By these orders, affiliation was granted for the academic year 2009-2010. In the subsequent academic year, viz., 2010-2011, admittedly, petitioner did not submit any further application. However, contention raised by the learned counsel for the petitioner is that, in view of the second proviso to Statute 1 of Chapter XXIII, an application is valid for a period of two years, and therefore, Ext.P3 application should be treated as remaining valid for the academic year 2010- 2011. However, as rightly pointed out by the learned Standing Counsel appearing for the University, if an application for affiliation is made and if no orders are passed on such application, in view of the second proviso referred to above, the University is bound to maintain that application as valid for two academic years. That does not mean that even after passing an order of affiliation, as in this case, the University should still treat the application as valid beyond the period for which affiliation is already granted. That being the position, there is no force in the contention raised by the petitioner that Ext.P3 application should be treated as a valid W.P.(C) No.28712/2010 : 3 : application for the academic year 2010-2011 also. Therefore, in the absence of any application for 2010-2011, the University cannot be directed to consider the claim of the petitioner for affiliation for B.Tech Electronics and Communication Engineering, as sought for by the petitioner. 3. In so far as Ext.P6 application for increasing the intake for Civil Engineering from 30 to 60 seats and Ext.P10 application for affiliation for B.Tech in Bio Medical Engineering are concerned, the stand taken by the University is that the applications have not been received before 31st of October. It is also their case that letter of approval of the AICTE was not received. However, in view of the first proviso to Statute 1 of Chapter XXIII, any application submitted on or before 31st December accompanied with the specified amount of fine, is also liable to be treated as made within the time specified. Going by the dates mentioned in Exts.P6 and P10, these applications were made on 31-12-2009. According to the petitioner, necessary fine was also remitted. If that be so, there is no force in the contention of the University that these W.P.(C) No.28712/2010 : 4 : applications were not made within the time specified in the statute. 4. As far as the want of letter of approval is concerned, the petitioner has produced Ext.P9 dated 23-08- 2010, the formal order issued by the AICTE, which shows that copy has been marked to the University also. Therefore, since Exts.P6 and P10 applications have been made within the time specified in the statutes, the University is bound to consider the said applications in the light of Ext.P9 letter of approval of AICTE. This, the University shall do and orders on Exts.P6 and P10 will be passed after complying with all procedural formalities laid down in this behalf. It is ordered that orders will be passed as expeditiously as possible and at any rate, within three months from the date of production of a copy of this judgment. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks