IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 W.A.No.2079 of 2008 ---------------------------------- AGAINST THE JUDGEMENT IN WP(C).18660/2008, DATED 08/08/2008 .................... APPELLANTS/RESPONDENTS:- ------------------------------------------- 1. MAHATHMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM. 2. THE VICE CHANCELLOR, MAHATHMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM. BY STANDING COUNSEL SRI. T.A. SHAJI. RESPONDENT/ PETITIONER:- ---------------------------------------- ST. MARY'S EDUCATIONAL AND CULTURAL SOCIETY, REPRESENTED BY ITS SECRETARY, THIRUVALLA-689 101. BY ADV.SRI.KURIAN GEORGE KANNAMTHANAM (SR.) SRI.TONY GEORGE KANNAMTHANAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/10/2008 ALONG WITH WA No.2083/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer,J. ------------------------------------------------- W.A.Nos.2079 of 2008 & 2083 of 2008 ------------------------------------------------- Dated, this the 24th October, 2008 JUDGMENT H.L.Dattu,C.J. By a common order dated 8.8.2008, the learned Single Judge has disposed of W.P.(C).Nos.18660 of 2008 and 10494 of 2008. (2) The respondents are self-financing institutions. Both these Colleges have approached the appellant University for grant of affiliation for certain courses. The first application filed was for the academic year 2005-06. The University did not act on that application. Therefore, the appellants-Colleges had to make one more application for affiliation of certain courses in those Colleges for the academic year 2006-07. That application was dated 25.1.2006. The University had not acted upon that application for one year and six months. Ultimately, in the month of September, 2007, for the first time, they would inform the respondents-Colleges that they have considered their applications and have recommended their cases to the State Government. They have also stated, that, after obtaining sanction/approval of the Government, the affiliation will be granted to the courses for which the affiliation was requested by the Colleges, subject to imposing certain conditions. The WA.Nos.2079 & 2083 of 2008 - 2 - communication dated 26.09.2007 by the University to one of the Colleges reads as under: “To The Manager/Principal, St.Marys College for Women, Thiruvalla. Sir, Sub: Application for new courses - 2006-2007 - reg. Ref: (1) Your application No. Nil, dtd.25.1.2006. (2) This office letter No.1048/2006/ACAVII dtd.31.05.2006. (3) This office letter No. dtd. With reference to your application for a new courses during 2006-2007, I am to inform you that the University has considered your application and recommended the following to the Government of Kerala vide reference cited (2) and (3) above, respectively. 1. M.Sc. Food Science and Quality Control. 2. Bachelor of Fashion Technology. 3. BLISc. 4. M.Sc. Bio Chemistry. 5. M.T.A. Kindly note that affiliation to the courses will be granted by the University only after the sanction/approval of the Government/AICTE is obtained and all the conditions stipulated by the University with regard to the granting of affiliation are fulfilled. Thanking you, Yours faithfully, Sd/- Assistant Registrar (Acad.I) for REGISTRAR”. WA.Nos.2079 & 2083 of 2008 - 3 - (3) In spite of long lapse of time, since nothing was done by the University, the respondents-Colleges were constrained to approach this Court in W.P.(C).Nos.33125 of 2007 and 2631 of 2008. The learned Single Judge of this Court was pleased to dispose of both the writ petitions and further had directed the University to take a final decision on the applications filed by the respondents-Colleges. (4) After the disposal of the writ petitions, to say the least, as usual, the University has passed an order, dated 3.1.2008, by rejecting the request made by the respondents-Colleges. The orders passed by the University reads as under: “I am to inform you that the meeting of the Syndicate held on 15.12.07 after considering the views of the Government and considering the fact that the feasibility study has not been completed, resolved not to grant affiliation to new courses at your college”. (5) Aggrieved by this action of the University, the respondents were once again before this Court by filing separate petitions. (6) The learned Single Judge has taken note of the date on which the applications had been filed by the respondents-Colleges and the lethargic attitude of the University in considering those applications and, thereafter, being of the firm opinion, that, the University, on one pretext or the other, is trying to negate the reasonable request made by the WA.Nos.2079 & 2083 of 2008 - 4 - Colleges, has issued a positive direction, by setting aside Exhibit P3 order passed by the University. (7) Being aggrieved by the aforesaid order passed by the learned Single Judge, the University is before us in these Writ Appeals. (8) Sri.T.A.Shaji, learned counsel appearing for the University, would submit that the University is not in a position to manage the affairs of so many colleges which have sought affiliation before the University. Further, the learned counsel would submit, that, before making a feasibility study, the University will not be in a position to grant any affiliation to any course which the respondents may start in their Colleges. It is further stated, that, in view of Exhibit R1(a) order passed by the State Government, the University is not in a position to grant affiliation to any fresh courses in any one of the Colleges which are affiliated to the appellant-University. (9) Having carefully considered the submissions made by Sri.T.A.Shaji, the learned counsel appearing for the University, we are of the firm opinion, that, those submissions have no merit whatsoever. (10) We have already noticed the response of the University to the request made by the respondents-Colleges, which is produced as Exhibit P1 in the writ petition papers. In fact, in the said communication, the University has stated, that, after considering the request made in the WA.Nos.2079 & 2083 of 2008 - 5 - application, the University has recommended the courses, mentioned in that order, that can be given affiliation in the respondents-Colleges, subject to the approval by the State Government. Having taken a decision that affiliation can be granted to those courses, the University cannot wriggle out of the correspondence by merely relying on Exhibit R1(a) order passed by the State Government. In fact, Exhibit R1(a) order passed by the State Government is dated 30.8.2007, whereas the correspondence by the University with the Colleges is dated 26.9.2007. That only means, that, the University was fully aware of the views of the State Government even prior to the issuance of Exhibit P1 order dated 26.9.2007. Since nothing was made by the University on the application filed by the respondents-Colleges, naturally the respondents-Colleges had to approach this Court for appropriate reliefs. This Court had only directed the University, on the earlier occasion, to consider the application of the Colleges and pass appropriate orders. After the disposal of the writ petition, may be out of sheer vengeance against those Colleges, the University has rejected the applications made by the self-financing institutions. In the orders so passed by the University, they only say, that, after considering the views of the Government and after considering the fact that the feasibility study has not yet completed, the request of the respondents-Colleges cannot be granted. In our firm opinion, the reasons WA.Nos.2079 & 2083 of 2008 - 6 - assigned by the appellant-University is not only arbitrary and wholly unreasonable and, in fact, contrary to the orders passed by the State Government dated 30.08.2007. On a small issue like this, the University has sat over the matter for nearly three years. (11) Keeping these aspects of the matter in view, in our opinion, the learned Single Judge was fully justified in allowing the writ petitions filed by the respondents-Colleges and giving positive directions to the University. We do not find any infirmity in the orders passed by the learned Single Judge, which would call for our interference in appeal. Therefore, the Writ Appeals require to be rejected and they are rejected. (12) The appellants now shall comply with the orders and directions issued by the learned Single Judge within fifteen days' time from today. Ordered accordingly. Sd/- H.L.Dattu Chief Justice Sd/- A.K.Basheer Judge vku/dk