IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23357 of 2011(T) -------------------------- PETITIONER(S): --------------------- MANAGER,BISHOP VAYALIL MEMORIAL HOLY CROSS COLLEGE,CHERPUNKAL P.O, 686 584. BY ADV. SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL RESPONDENT(S): ----------------------- 1. MAHATMA GANDHI UNIVERSITY,REPRESENTED BY ITS REGISTRAR,KOTTAYAM 686 560. 2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM 686 560. SRI.T.A.SHAJI, SC FOR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23357/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE COVRING LETTER DATED 23.1.2010 TO THE APPLICATION FOR AFFILIATION. EXT.P2: PHOTOCOPY OF THE ORDER OF THE SYNDICATE DATED 23.4.2010 CONSTITUTING INSPECTION COMMISSION. EXT.P3: PHOTOCOPY OF THE LETTER DATED 5.5.2010 OF THE PETITIONER TO THE 1ST RESPONDENT. EXT.P4: PHOTOCOPY OF THE CHALLAN REMITTING THE INSPECTION COMMISSION FEE DATED 25.5.2010. EXT.P5: PHOTOCOPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT UNDER RIGHT TO INFORMATION ACT DT.18.11.2010. EXT.P6: PHOTOCOPY OF THE REPLY OF THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT DT 23.12.2010. EXT.P7: PHOTOCOPY OF THE COVERING LETTER TO THE RENEWAL APPLICATION IN RESPECT OF BCOM WITH MARKETING (VOCATIONAL MODEL II) DT 27.1.2011. EXT.P7(a): PHOTOCOPY OF THE COVERING LETTER TO THE RENEWAL APPLICATION IN RESPECT OF B.T.S. (BACHELOR OF TOURISM STUDIES) DT 27.1.11. EXT.P8: PHOTOCOPY OF THE LETTER OF THE PETITIONER SEEKING INFORMATION FROM THE 1ST RESPONDENT UNDER RIGHT TO INFORMATION ACT DT 14.3.2011. EXT.P9: PHOTOCOPY OF THE REPLY OF THE 1ST RESPONDENT DT 12.4.11. EXT.P10: PHOTOCOPY OF THE LETER OF THE PETITIONER TO THE 1ST RESPONDENT DT 16.5.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23357 OF 2011 ===================== Dated this the 29th day of August, 2011 J U D G M E N T Petitioner is the Manager of a Self Financing College, which is affiliated to the 1st respondent University. The grievance in this writ petition pertains to Ext.P9 communication dated 12/4/11. It appears that, for the year 2010-11, petitioner had sought affiliation for four courses including Bachelor of Tourism Studies and B.Com Vocational Model-II (Marketing). It is stated that the inspection board of the University conducted inspection of the premises of the infrastructural offered by the petitioner and recommended the courses for affiliation. However, the University for some reason, which is not discernible from the records, did not seek the views of the Government. In the academic year 2011-12, petitioner applied for renewal of the applications already made by them. There was no progress thereafter. They made applications under the Right to Information Act and to the application dated 14/3/11, they have been issued Ext.P9 reply, the relevant para of which reads as under:- “Though the applications for BTS and B.Com Vocational Model II (Marketing) were considered by the University WPC No. 23357/11 :2 : during 2010-11 the recommendation was not forwarded to the Government. Hence these applications are invalid for 2011-12 academic year. The Syndicate has not taken any decision regarding the renewal of applications for new courses in the unaided colleges for the current academic year and hence cannot be considered”. 2. It is on receipt of Ext.P9, this writ petition has been filed seeking a direction to the University to grant affiliation sought for. 3. I heard the learned counsel for the petitioner and also the learned standing counsel appearing for the respondents. As at present, the request of the petitioner for renewal of their application for the courses mentioned above is pending before the University and it is so stated in Ext.P9. It is also averred that the University has not so far sought the views of the Government, which is a requirement under the University Statutes for considering the request for affiliation. 4. Therefore, at this stage, what is required is that the Syndicate should take a decision on the renewal of application made by the petitioner and if the request is allowed, the views of the Government should also be sought for. 5. Therefore, I dispose of this writ petition with the following directions:- WPC No. 23357/11 :3 : (1) The respondents shall take a decision on the application made by the petitioner for renewal of its application for affiliation. This shall be done as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. (2) Once the decision is taken and the decision is to grant the request of the petitioner, it is directed that the University shall seek the views of the Government without any further delay. ANTONY DOMINIC, JUDGE Rp