IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 32848 of 2009(A) -------------------------- PETITIONER(S): --------------------- PRESTIGE EDUCATIONAL TRUST, REPRESENTED BY ITS CHAIRMAN,SRI.ABDIL JABBAR.M, S/O.E.K.KUNHI AHAMMED,AGED 53 YEARS,RESIDING AT MUNEERA MANZIL,MILL ROAD,PAYANGADI, KANNUR-670 302. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): ---------------------- 1. THE REGISTRAR,KANNUR UNIVERSITY, UNIVERSITY CAMPUS,MANGATTUPURAMBA, KANNUR DISTRICT. 2. THE KANNUR UNIVERSITY,REPRESENTED BY REGISTRAR,UNIVERSITY CAMPUS,MANGATTUPURAMBA, KANNUR. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.32848 of 2009 - A ---------------------------------------- Dated 21st December, 2009 Judgment The petitioner applied to the All India Council for Technical Education for approval to start the B.Pharm. Degree Course with an intake of 60 students. The said application was accompanied by the original of Ext.P1 certificate issued by the Kannur University wherein it was certified that the Kannur University proposes to grant provisional affiliation for the said course for the academic year 2006-2007 subject to the provisions of the Kannur University Act, 1996, First Statutes and subject to the college obtaining approval from the Government of Kerala/All India Council for Technical Education/Pharmacy Council and agrees to comply with the rules and regulations of the Kannur University/State Government and other authorities. The All India Council for Technical Education granted approval as per Ext.P6 letter dated 25.4.2008. However, the College could not start the course for the reason that the Government had not given its W.P.(C) No.32848/2009 2 approval. Such approval was given only by Ext.P7 order dated 23.10.2009. The petitioner thereafter sent Ext.P8 letter to the Registrar, Kannur University requesting him to grant affiliation to start the B.Pharm. degree course in the current academic year itself. It was stated therein that the petitioner has entered into a seat sharing agreement with the government agreeing to admit students allotted by the Government against 50% of the seats. In that letter, the petitioner has also requested that affiliation may be granted early so that admissions can be made before 7.11.2009. On receipt of the letter, the Registrar of the Kannur University sent Ext.P9 letter informing the petitioner that the application for affiliation submitted by the petitioner was valid only for two academic years that is, 2006- 2007 and 2007-2008 and that they should submit a fresh application by paying the requisite fee. The petitioner was also informed that a notification inviting applications for affiliation for the year 2010-2011 will be issued shortly, latest by 30.11.2009. This writ petition was thereupon filed challenging Ext.P9 and seeking a direction to the respondents to grant affiliation for the B.Pharm. Degree course for the current W.P.(C) No.32848/2009 3 academic year. 2. The learned standing counsel appearing for the Kannur University has filed a statement wherein the University has taken the stand that as per the Statute 1 (2) of Chapter V of the Kannur University First Statutes, the application for affiliation submitted by the petitioner was valid only for two years and that no provisional affiliation had been granted to the petitioner's college as wrongly assumed by the petitioner. It is stated that in Ext.P1 it was only stated that the University proposes to grant provisional affiliation subject to the fulfillment of the terms and conditions set out therein and as the All India Council for Technical Education granted approval only in April, 2008, the petitioner will have to apply afresh for grant of affiliation. On receipt of the statement filed by the learned standing counsel appearing for the respondents, the educational agency has filed Ext.P11 application dated 9.12.2009 before the Kannur University seeking affiliation for the B.Pharm. degree course as approved by the All India Council for Technical Education. The requisite fee has also been paid as can be seen from Ext.P12 produced along with W.P.(C) No.32848/2009 4 I.A.No.15682 of 2009. 3. When this writ petition came up for hearing today, Sri.Kurian George Kannanthanam, the learned Senior Advocate appearing for the petitioner submitted that in the light of the decision of the Full Bench of this Court in Vikram Sarabhai Educational Trust & B.Ed. College v. University of Calicut (2008 (2) KLT 1027 FB) the University cannot decline affiliation on the ground that the application for affiliation was not submitted in time in terms of the University laws and that the University can only insist that the requirements of the Statute which are not in conflict with the provisions of the All India Council for Technical Education Act and the Regulations framed by the All India Council for Technical Education should be complied with for grant of affiliation. The learned Senior Advocate submitted that such being the situation, the University ought to have have instead of directing the petitioner to file a fresh application, processed the application originally submitted and taken a decision thereon. The learned counsel submitted that the University may therefore be directed to consider Ext.P12 application and pass orders W.P.(C) No.32848/2009 5 thereon expeditiously. 4. It is evident from Ext.P8 letter sent by the petitioner that admissions to the B.Pharm. degree course were over by 7.11.2009. Therefore, the petitioner cannot, even if the University grants affiliation admit students in the current academic year. However, that does not mean that the University should keep Ext.P11 application for affiliation pending. Ext.P11 application was filed on 9.12.2009. As per the Kannur University First Statutes, applications for affiliation for the academic year 2010-2011 have to be filed before 31.12.2009. Ext.P11 application has admittedly been filed within that time limit. As the All India Council for Technical Education has already granted approval on 25th April, 2008 and such approval is valid only for a period of two years, from that date, I am of the opinion that the University should take a final decision on Ext.P11 application within the said period. In such circumstances, I dispose of this writ petition with a direction to the Kannur University to pass final orders on Ext.P11 application after conducting an inspection (if an inspection has not already been conducted) expeditiously and in any event, W.P.(C) No.32848/2009 6 before 15.2.2010. The University shall while taking a decision in the matter have due regard to the principles laid down by the Full Bench of this Court in Vikram Sarabhai Educational Trust & B.Ed. College v. University of Calicut (2008 (2) KLT 1027 FB). If the Syndicate of the University is not in session, the Vice Chancellor shall take a decision in the matter in exercise of the emergency powers conferred on him under section 10 (1) of the Kannur University Act, 1996 and place the decision together with the files before the Syndicate for ratification. The Registrar, Kannur University shall after a decision is taken in the matter, communicate a copy thereof to the petitioner. P.N.RAVINDRAN Judge vaa