IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23318 of 2010(L) -------------------------- PETITIONER(S): --------------- ROYAL EDUCATIONAL FOUNDATION, REPRESENTED BY ITS SECRETARY, IRON HILLS, CHALISSERY P.O., PALAKKAD. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVT. OF INDIA, NEW DELHI. 2. KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCES, M.G.KAVU, MEDICAL COLLEGE P.O., THRISSUR. 3. DENTAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, KOTLA ROAD, NEW DELHI. ADV.SAJEEV KUMAR P.GOPAL, SC ADV. SRI.T.R.RAVI FOR R2 ADV.T.P.M.IBRAHIM KHAN, A.S.G. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 23318 of 2010 ================== Dated this the 28th day of July, 2010 J U D G M E N T The petitioner is an educational agency, which runs a Dental College, which was originally affiliated to the Calicut University. The petitioner aspires to start post graduate courses in the petitioner's Dental college. Applications were submitted to the Central Government for permission under Section 10A of the Dentists Act, 1948. In order to enable the Central Government to forward the application to the Dental Council for their recommendation regarding eligibility for permission, the application should be accompanied by a consent of affiliation issued by the University. The petitioner applied to the Calicut University for the same. Since by that time a new University by name, “Kerala University of Health and Allied Sciences” had come into being and the petitioner's institution also has become affiliated to that University, the Calicut University forwarded the application for consent of affiliation to the 2nd respondent University. The application for consent of affiliation has been rejected by the University, by Ext.P7 order, pointing out various deficiencies. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) issue a writ of certiorari or any other appropriate order or direction to quash Ext.P7; (ii) issue a writ of mandamus or any other appropriate order or direction to the respondents 1 and 3 to process and proceed with w.p.c.23318/10 2 petitioner's application Exts.P4, P4(a) & P4(b) without insisting on the letter of consent from the University; (iii) In the alternative, to direct the 2nd respondent to issue a letter of consent to the petitioner to commence the M.D.S. Course.” 2. According to the petitioner, since the 2nd respondent is a new University and no statutory rules have yet been framed for the University laying down the conditions for affiliation etc., it is not practicable for the University to consider the application in the right perspective. Therefore, they seek a direction to respondents 1 and 3 to process their application without insisting on a consent of affiliation. In the alternative, they also seek a direction to the 2nd respondent University to issue a consent of affiliation. 3. I have heard the learned standing counsel for the University also, who supports Ext.P7 order. According to him, the stand of the University is that unless the petitioner rectifies the deficiencies pointed out in Ext.P7, consent of affiliation cannot be given. 4. I have considered the rival contentions in detail. 5. In W.P.(C). No.22448/2010 I had considered the question as to whether the University can, at the time of giving consent of affiliation, insist on a college complying with all the requirements of a regular affiliation and held that it is not necessary. The consent of affiliation is only for the purpose of signifying their consent to give affiliation, if ultimately the Government of India grants permission and w.p.c.23318/10 3 the college satisfies all the conditions for such affiliation. For that it is not necessary that the college should comply with all the requirements at that stage itself. In fact universities do grant even conditional affiliation subject to fulfilment of the requirement within a specified date, for which, there is provision in the University Statutes of other Universities, particularly the University of Calicut, to which the petitioner's college was formerly affiliated. Admittedly there is a Dental College, which is functioning with the permission of the Government of India and affiliation by the University. It was granted after satisfying all the conditions for affiliation. The question as to whether the conditions required for starting a post graduate course are satisfied can be considered at the time of granting the affiliation itself. Those conditions need not be insisted upon at the time of giving consent of affiliation. In the above circumstances, there would be a direction to the 2nd respondent to issue a consent of affiliation to the petitioner within a period of two weeks from the date of receipt of a certified copy of this judgment, which would be subject to the condition that the petitioner should rectify all the deficiencies pointed out in Ext.P7 for affiliation. The writ petition is allowed as above.. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.23318/10 4