IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 16588 of 2011(W) -------------------------- PETITIONER(S): ----------------------- CHAIRMAN, CHATHAMKULAM FOUNDATION CHARITABLE TRUST, CHANDRANAGAR BYE PASS, PALAKKAD-7. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SMT.P.G.BABITHA SRI.BINOY VASUDEVAN RESPONDENT(S): ------------------------ 1. THE UNIVERSITY OF CALICUT, REP. BY ITS REGISTRAR, UNIVERSITY CAMPUS, THENHIPALAM P.O., MALAPPURAM DISTRICT. 2. THE REGISTRAR, UNIVERSITY OF CALICUT, UNIVERSITY CAMPUS, THENHIPALAM P.O., MALAPPURAM DISTRICT. 3. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, UNIVERSITY CAMPUS, THENHIPALAM P.O., MALAPPURAM DISTRICT. ADV. SRI.SANTHOSH MATHEW FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16588/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER SEEKING AFFILIATION. EXT.P2: TRUE COPY OF THE LIST OF INSTITUTIONS NOTIFIED BY THE AICTE IN THEIR WEBSITE SANCTIONING APPROVAL FOR THE ACADEMIC YEAR 2011-12. EXT.P3: TRUE COPY OF THE LETTER DT 15.6.2011 SENT BY THE PETITIONER TO THE FIRST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 16588 OF 2011 (W) ===================== Dated this the 27th day of June, 2011 J U D G M E N T Petitioner is an educational agency awaiting orders of affiliation from the 1st respondent University for commencing MBA programme in their college. 2. Complaining that despite having made Ext.P1 application, the University has not passed orders granting them affiliation, this writ petition has been filed with the following prayers a. issue a writ of mandamus or other appropriate writ, order or direction commanding the first respondent to grant affiliation on the basis of Ext.P1 so as to enable the petitioner to commence classes for the M.B.A.Programme during the academic year 2011-12. b. issue a writ of mandamus or other appropriate writ order or direction commanding the third respondent Vice Chancellor to invoke the powers under Section 10(13) of the Calicut University Act and to pass orders on petitioner's application (P1) in case the University is not in a position to convene the meeting of the Syndicate immediately. 3. However, learned standing counsel appearing for the University points out that apart from stating that the AICTE has included the name of the petitioner's institution in the list of WPC No. 16588/11 :2 : approved educational institutions for MBA programme, the petitioner has not produced any order issued by the AICTE. It is stated that the University cannot act upon the mere inclusion of the petitioner in the website of the AICTE. 4. Petitioner has no case that apart from their inclusion among the approved colleges as indicated in the website of the AICTE, AICTE has issued order of approval or that they have produced any such order before the respondent University. Therefore, as at present, I am not inclined to find fault with the University for having delayed order on Ext.P1 application made by the petitioner. 5. In such circumstances, I dispose of this writ petition directing that it will be open to the petitioner to produce order of approval from the AICTE before the University. It is directed that on production of such order, the University shall pass orders on Ext.P1 application duly adverting to the order of the AICTE also and as expeditiously as possible, at any rate within 4 weeks of its production. ANTONY DOMINIC, JUDGE Rp