IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 25678 of 2009(S) ------------------------------------ PETITIONER: ------------------ SANTHOSH P.VARGHESE, PUTHENPARAMBIL, MUTTAMBALAM P.O., KOTTAYAM. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM. 2. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT. 3. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA. 4. THE DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 5. THE KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHIEF ENVIRONMENTAL ENGINEER, OFFICE OF THE POLLUTION CONTROL BOARD, KOTTAYAM. 6. THE KOTTAYAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KOTTAYAM. 7. THE DISTRICT MEDICAL OFFICER, KOTTAYAM. WPC NO.25678 OF 2009 - 2 - 8. THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REPRESENTED BY ITS CHAIRMAN, 7TH FLOOR, CHANDERLOK BUILDING, NEW DELHI-110 001. 9. THE PRINCIPAL, GIRIDEEPAM INSTITUTE OF ADVANCED LEARNING, BETHANI HILLS, P.O.VADAVATHOOR, KOTTAYAM. R1,R4 & R7 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R2 & R3 BY STANDING COUNSEL SRI.T.A.SHAJI R5 BY STANDING COUNSEL SRI.M.K.CHANDRAMOHAN DAS R6 BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU FOR R6 SRI.B.PREMNATH (E) FOR R6 R8 BY ADV.SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.25678 of 2009 ------------------------------------------ Dated this the 11th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed to restrain the authorities from granting affiliation or cancelling the affiliation to the 9th respondent educational institution for conducting the MBA course proposed by the said respondent. 2. According to the writ petitioner, his daughter who is studying in Standard VII in Girideepam Central School intends to continue her studies in the institution and aspires to become an MBA, and as the said institution is nearer to a dumping yard causing health hazard to the students studying there and apprehending that the health of his daughter will also be affected in future if and when she joins the MBA course, petitioner has sought for a direction commanding the 9th respondent to refrain from admitting any students to MBA course in the institution or forbear the 8th respondent from granting approval for conducting MBA course in the said institution. W.P.(C) No.25678 of 2009 - 2 - 3. Though the petitioner claims to be a public spirited man concerned with the health of children, the attack on the institution under the guise of protecting the health of the children in that institution is suspicious, and especially when his daughter who may join that institution in future, appears to be a far fetched story and only an effort to stop the institution from conducting the MBA course. If really the writ petitioner was concerned about the pollution that have been caused or likely to cause by the dumping yard, his normal approach would have been to take steps regarding the removal of the dumping yard or to minimise the pollution as alleged by him. Instead of that, as seen from the prayers in the writ petition, his only attack is against the affiliation proposed to be granted for starting MBA course in the institution. 4. Hence it appears to us that under the guise of public interest litigation, this writ petition is filed with ulterior motive either for publicity or for personal gain and hence this is a fit case for dismissal with costs of Rs.10,000/- (Rupees ten thousand). The W.P.(C) No.25678 of 2009 - 3 - costs to be paid to the Kerala Mediation Centre within four weeks from today. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns/vku.