IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WA.No. 458 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29511/2010 Dated 23/12/2010 .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE CALICUT UNIVERSITY, THENHIPALAM, MALAPPURAM DISTRICT, REPRESENTED BY ITS REGISTRAR. BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. RESPONDENT(S): PETITIONER & RESPONDENT 1&3 ------------------------------------------ 1. NEHRU COLLEGE OF ENGINEERING AND RESEARCH CENTRE, PAMPADY, THIRUVILWAMALA, THRISSUR, PIN - 680 588, REPRESENTED BY ITS SECRETARY-CUM-MANAGER. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695 001. 3. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695 001. BY MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER ADV.GEORGE JACOB FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A. No.458 of 2011 --------------------------------- Dated, this the 23rd day of May, 2011 J U D G M E N T Ramachandran Nair, J. Heard learned Standing Counsel appearing for the appellant and learned counsel appearing for the 1st respondent Engineering College. 2. The judgment under appeal is one issued by the learned Single Judge directing the University to grant affiliation to the 1st respondent College for starting M.Tech course in four subjects. The admitted fact is that the statutory authority, namely the AICTE, granted approval to the 1st respondent College for commencement of M.Tech course in four subjects stated in last paragraph of the judgment. It is conceded that the University has granted affiliation to the 1st respondent College for M.Tech course in two subjects after pronouncement of the judgment by the learned Single Judge. W.A.No.458/2011 -2- The University is bound to grant affiliation for M.Tech course in the balance two subjects as well, if the 1st respondent College is found eligible. 3. After hearing both sides, we do not find any ground to interfere with the judgment of the learned Single Judge because the only ground raised before us by the University against granting of affiliation is lack of NOC from the Government. We have not been informed under what provision of law the 1st respondent needs NOC from the Government for commencement of PG courses in Engineering subjects in the Engineering College, which has already been set up with the approval of all the authorities and affiliation granted by the University. However, the University has to verify whether the 1st respondent has all infrastructural and instructional facilities to start PG Course in Engineering subjects, and we have in another judgment directed inspection of Engineering Colleges by the University for verification of the facilities, particularly instructional facilities for imparting W.A.No.458/2011 -3- coaching to the students. The University should be very sensitive about the M.Tech Courses because the people acquiring M.Tech degree will join as Teaching Faculty in Engineering Colleges. We, therefore, dispose of the Writ Appeal leaving it open to the University to decline affiliation to M.Tech Course in any subject only if the 1st respondent does not have adequate infrastructural or instructional facilities. This Writ Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg