IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 36152 of 2010(T) -------------------------------------- PETITIONER(S): ----------------------- THE MANAGER, VISWAJYOTHI COLLEGE OF ENGINEERING & TECHNOLOGY, VAZHAKKULAM, ERNAKULAM DISTRICT. BY SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM RESPONDENT(S): ------------------------- 1. THE MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSINI HILLS, KOTTAYAM-686 560. 2. THE VICE CHANCELLOR, M.G.UNIVERSITY, KOTTAYAM-686 560. 3. STATE OF KERALA REP. BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM-01. R1 & R2 BY ADV.SRI. T.A.SHAJI, SC FOR M.G. UNIVERSITY R3 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 36152 OF 2010 ===================== Dated this the 15th day of December, 2010 J U D G M E N T According to the petitioner, they have sought affiliation of the 1st respondent University for starting courses in B.Tech Civil Engineering for the academic year 2010-11. It is stated that the Expert Committee appointed by the University inspected the infrastructural and instrumental facilities provided by the petitioner and has submitted its report to the University. Petitioner complains that despite the above, the University has not passed orders on the application made by the petitioner for the reason that it has not entered into a seat sharing agreement with the Government agreeing to surrender 50% seats. 2. Standing counsel who has obtained instructions in the matter submits that the University has sought the views of the Government and that it is for non receipt of the views that University has not passed orders on the application. 3. As far as the issue regarding non execution of the agreement is concerned, it cannot be a matter of dispute that there is no law compelling the petitioner to enter into an WPC No. 36152/10 :2 : agreement. In so far as the soliciting of the views of the Government is concerned, it is the settled position of law that the obligation of the University is only to ascertain the views of the Government and not to await for the same. Here according to the University, they have already sought the views of the Government and if the Government have not responded to the same, the University is under no compulsion to wait any further. This is all the more so for the reason that the petitioner has already obtained approval from the AICTE. Therefore, I dispose of this writ petition directing respondents 1 and 2 to pass orders on the application made by the petitioner for affiliation for starting its course in B.Tech Civil Engineering. Such orders will be passed at any rate within 2 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp