IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 14756 of 2011(T) -------------------------------------- PETITIONER: ------------------- THE PRESIDENT, THANGAL KUNJU MUSALIAR COLLEGE TRUST, (TKM SCHOOL OF ARCHITECTURE), KOLLAM-04. BY ADV. SRI.GEORGE POONTHOTTAM. RESPONDENTS: ------------------------ 1. THE UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, THIRUVANANTHAPURAM – 695 001. 2. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM – 695 001. R1 & R2 BY SRI.M.RAJAGOPALAN NAIR, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14756/2011-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO.C1/2142/2010 DTD. 26/08/2010. EXT.P.2: COPY OF THE COMMUNICATION NO. CA/5/ACADEMIC KL02 DTD. 01/03/2011. EXT.P.3: COPY OF THE LETTER NO. TKMCT/3352/SCH-ARCH DTD. 15/03/2011. EXT.P.4: COPY OF THE COMMUNICATION NO. ACB/01/015729/2011 DTD. 11/04/2011 BY THE UNIVERSITY. EXT.P.5: COPY OF THE LETTER NO. TKMCT/3352/SCH-ARCH DTD. 23/04/2011 GIVEN TO UNIVERSITY. EXT.P.6: COPY OF THE COMMUNICATION NO.CA/5/ACADEMIC DTD. 18/04/2011 BY THE COUNCIL OF ARCHITECTURE. EXT.P.7: COPY OF THE LETTER NO. TKMCT/3352/SCH-ARCH DTD. 03/05/2011 TO THE UNIVESITY. EXT.P.8: COPY OF THE DEMAND DRAFT FOR RS.200/-. EXT.P.9: COPY OF THE COMMUNICATION DTD. 13/06/2011 ISSUED BY THE COUNCIL OF ARCHITECTURE. EXT.P.10: COPY OF THE EXPERT COMMITTEE REPORT DTD. 27/05/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J --------------------------------------- W.P(C) No. 14756 of 2011 ---------------------------------------- Dated this the 23rd day of August, 2011. JUDGMENT Petitioner is the President of a Trust which has established various educational institutions. In this writ petition the issue raised is in relation to grant of affiliation for a College which is proposed to be established by the petitioner for starting Bachelor of Architecture (B.Arch) course. 2. According to the petitioner on 13.8.2010, enclosing Exhibit P8 Demand Draft they made an application to the University to issue the necessary application for affiliation to the said new course of B.Arch. There was no response from the University and therefore, they made Exhibit P1 representation to the Vice Chancellor on 26.8.2010. Again they submitted Exhibit P3 to which the University issued Exhibit P4 reply stating that the request of the petitioner to issue the application for affiliation of a new College for the academic year 2011-12 was belated in terms of the provisions contained in the Kerala University First Statutes 1977. 3. Petitioner made another request by Exhibit P5 and even inspite of all these, the application form was not issued. In these W.P(C) No. 14756 of 2011 2 circumstances, the writ petition was filed mainly for the issuance of an application form and for issue of NOC. During the pendency of this writ petition, Council for Architecture have issued, Exhibit P9 Letter of Approval dated 13.6.2011, according approval to the petitioner for introducing a five year full time B.Arch degree course from the academic year 2011-12, with an annual intake of 40 students. This Letter of Approval was issued based on Exhibit P10 Inspection Report submitted by a team appointed by the Council. In the circumstances, the writ petition was got amended, and the petitioner seeks direction to the University to permit it to submit the application for affiliation and to grant affiliation to the course in question. 4. On behalf of the respondents, the main contention raised by the standing counsel is that at the time when Exhibit P4 letter dated 11.4.2011 was issued, the petitioner had not obtained any Letter of Approval from the Council of Architecture. It is submitted that since by Exhibit P9 the Council has issued the Letter of Approval, it is for the petitioner to apply for affiliation and the University has to consider the same on merits. 5. I have considered the submissions made. Admittedly the W.P(C) No. 14756 of 2011 3 Council of Architecture is the Apex body created under the Architects Act 1972 which is entrusted with the statutory duty of granting approval to institutions imparting courses in Architecture. It is in pursuance to the said statutory powers that on the application made by the petitioners, an expert committee was appointed by the Council. The expert committee inspected the infrastructural facilities provided by the petitioner and Exhibit P10 is the report submitted by it. Based on Exhibit P10, Exhibit P9 Letter of Approval also has been issued. In such circumstances, applying the principles laid down by the Apex Court in State of Maharashtra Vs. Santdnyaneshwar Shikshan Shastra Mahavidyalaya and Others (2006 (9) SCC 1) and the Full Bench decision of this Court in Vikram Sarabhai E Trust and B.Ed. College Vs. University of Calicut (2008 (2) KLT 1027), irrespective of the provisions contained in the University First Statutes relied on in Exhibit P4. petitioner is entitled to make its application for affiliation and the University cannot refuse to issue the application form on the grounds mentioned in Exhibit P4. Once application is so made, University is obliged to consider the same, in accordance with W.P(C) No. 14756 of 2011 4 law and thereafter pass orders thereon. 6. In that view of the matter, I dispose of this writ petition directing that it would be open to the petitioner to apply for necessary application form to the first respondent, producing a copy of Exhibit P9, in which event, the application form shall be issued on that day itself. Thereupon the petitioner will be at liberty to submit the application for affiliation for the academic year 2011-12, which if submitted, will be considered and orders passed at any rate within four weeks thereafter. The writ petition is disposed of accordingly. sd/- ANTONY DOMINIC JUDGE rkc //TRUE COPY// PA TO JUDGE