IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 24 of 2008(C) ----------------------- PETITIONER: ------------ MAHATMA EDUCATIONAL SOCIETY, REGN. NO.519/04, OPP. N K B M A.U.P.SCHOOL, MARKET ROAD, NILESHWAR, KASARAGOD-671314, REPRESENTED BY ITS PRESIDENT CHANDRASEKHAR S CHETTY. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SRI.R.JAYACHANDRAN RESPONDENTS: ------------- 1. THE KANNUR UNIVERSITY, RPRESENTED BY ITS REGISTRAR, MANGATTUPARAMBA, UNIVERSITY CAMPUZ P.O, KANNUR-670567. 2. THE VICE CHANCELLOR, KANNUR UNIVERSITY MANGATTUPARAMBA, UNIVERSITY CAMPUS P.O., KANNUR-670567. BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.24/2008 ----------------------------------------------------------------- Dated this the 2nd day of January, 2008 JUDGMENT The petitioner, who is established a B. Ed college has filed this writ petition seeking a direction to the fist respondent to grant affiliation to the petitioner's B. Ed college pursuant to the application submitted by it. Ext.P4 is the application made by the petitioner seeking affiliation for the year 2007-08. While this application was pending, the appeal filed by the petitioner before the NCTE has been allowed by Ext.P8 order. By this order, the Southern Regional Committee was directed to grant recognition to the petitioner's college. The petitioner has also produced Ext.P9, copy of the conditional recognition, that is issued following Ext.P8. 2 2. In view of the fact that the petitioner's college has now obtained recognition Ext.P4 application for affiliation made to the University has to be considered. Since the Syndicate meeting is to be held on 7th January, 2008, the petitioner seeks a direction that the Syndicate be directed to consider its application also when it meets on 7.1.2008. However, this request of the petitioner is sought to be resisted by the Standing Counsel for the University pointing out that unless views of the Government are obtained the Syndicate will not be in a position to consider the request, going by the provisions of the Kannur University Statute. In my view, the legal position has been clarified by the Apex Court in various judgments that the University need not be seek the views of the Government and hence, this objection cannot be sustained. Accordingly, the writ petition is disposed of directing that the Syndicate of the first respondent University shall consider Ext.P4 application made by the petitioner in its next meeting scheduled on 7.1.2008. Needless to say, if the 3 decision of the Syndicate is to grant affiliation to the petitioner college, the application made by the petitIoner for approval of staff list will also be considered. ANTONY DOMINIC JUDGE vi. 4