IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 30534 of 2008(I) ---------------------------------------- PETITIONER(S): ----------------------- M.E.C.F. COLLEGE OF TEACHER EDUCATION, PERINGATHUR P.O., THALASSERY, KANNUR DISTRICT, REPRESENTED THE MANAGER, K.K.MOHAMMED. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): ---------------------------- KANNUR UNIVERSITY, KANNUR, REPRESENTED BY THE REGISTRAR. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30534/2008 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION NO.SRO/NCTE/2006-07/3549 DTD. 5/08/2008. EXT.P2: COPY OF THE LETTER DTD. 12TH AUGUST, 2008. EXT.P3: COPY OF THE LETTER NO.ACAD.A1/NC & C/2008-09 DTD. 30/08/2008. EXT.P4: COPY OF THE APPLICATION GIVEN TO THE UNIVERSITY ALONG WITH COVERING LETTER DTD. 9/09/08. EXT.P5: COPY OF THE ORDER NO.SRO/NCTE/B.ED/2008-09/4430 DTD. 30/08/2008. EXT.P6: COPY OF THE INTERIM ORDER IN WP(C) NO.15339/2007 DTD. 4/10/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.30534 of 2008 ------------------------- Dated this the 11th day of November, 2008. JUDGMENT The petitioner, claiming to be a minority educational institution, had applied to the NCTE for conducting B.Ed programme under the self financing stream. The petitioner was issued with the letter of intent for grant of B.Ed course as per Ext.P1 dated 5.8.2008. The petitioner submits that the conditions contained in Ext.P1 have been fulfilled by the petitioner. Thereupon, an application for provisional affiliation was submitted by Ext.P2 dated 12.08.2008. By Ext.P5 order, the Southern Regional Committee of the NCTE, passed an order, enabling the petitioner to conduct B.Ed course of one year duration with an annual intake of 100 students. 2. The University acting on the application for provisional affiliation, constituted a inspection commission for inspection of the premises for the grant of affiliation. It is now seen that the inspection W.P.(C).NO.30534/08 :: 2 :: commission had inspected the College on 22.10.2008 and it made the following recommendations, among others: “Subject to the condition that agency shall provide sufficient land (5 acres) for starting the college.” In other words, the inspection commission had recommended granting of affiliation to the petitioner, provided the agency provides 5 acres for the establishment of the institution. The report of the inspection commission referred to 3.48 acres. Learned counsel for the petitioner submits that the additional extent has also been subsequently provided for. In my view, that is a matter for verification by the college authorities. In the result, the writ petition is disposed of directing the respondents to pass orders for the grant of affiliation sought for by the petitioner with an intake of 100 students in consonance with Ext.P5 order on the basis of the recommendations made by the inspection commission constituted by the University. Affiliation shall be granted provided the total extent of land as sought for by the inspection W.P.(C).NO.30534/08 :: 3 :: commission is made available and so satisfied by the competent authority of the University. Orders shall be passed within two weeks from today. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge