IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 13427 of 2011(C) -------------------------- PETITIONERS: --------------- 1. MARIA FRANCIS, FIRST YEAR STUDENT FOR DEGREE IN ENGINEERING (COMPUTER SCIENCE), NIRMALA COLLEGE OF ENGINEERING, KUNNAPPILLY P.O., CHALAKUDY, THRISSUR-680311, RESIDING AT PADAYATTY, THURAVUMKARA P.O., KANJOOR, ERNAKULAM-683575. 2. JOMS JOY, FIRST YEAR STUDENT FOR DEGREE IN ENGINEERING (MECHANICAL ENGINEERING), NIRMALA COLLEGE OF ENGINEERING, KUNNAPPILLY P.O., CHALAKUDY, THRISSUR-680311, RESIDING AT KOONAMAVE HOUSE, KALLETTUMKARA P.O., THAZHEKKAD-680683. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: --------------- 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., KALAMASSERY 683104, REPRESENTED BY ITS REGISTRAR. 2. NIRMALA COLLEGE OF ENGINEERING, MELOOR, CHALAKUDY, THRISSUR-680311, KERALA, REPRESENTED BY CHAIRMAN, NIRMALA EDUCATIONAL TRUST (EDUCATIONAL AGENCY). BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC, COCHIN UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 13427 OF 2011 ......................................................................... Dated this the 1st June, 2011 J U D G M E N T The petitioners, who are the students of the institution by name Nirmala College of Engineering, have approached this Court seeking for the following reliefs: “i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent University to accept and consider the application for recognition of Nirmala College of Engineering, Chalakkudy where the petitioners are studying and grant recognition from the academic year 2010-11 before the conduct of the first and second semester examination fort the first year Engineering Degree Courses scheduled on 01.06.2011. ii) direct the Sub Committee headed by the Pro Vice chancellor to decide the question of grant of recognition to Nirmala College of W.P.(C) No. 13427 OF 20118 2 Engineering, Chalakkudy where the petitioners are studying in the next meeting scheduled on 16.05.2011 pending disposal of the writ petition; iii) direct the 1st respondent University to permit the first and Second semester Engineering students of Nirmala College of Engineering, Chalakkudy to appear fort the examination scheduled from 1.6.11 for 1st year Engineering Degree courses subject to the decision in the matter to grant recognition to the college. iv) issue such other and further relief as this Hon'ble court may deem fit and proper in the facts and circumstances of the case ; and iv) award costs of this petition. “ 2. The reliefs sought for by the petitioners are strongly opposed from the part of the University, by filing a statement with regard to the actual facts and figures. It is stated that, a final decision can be taken only by the Syndicate , which, as per the proceedings of the 571th meeting has passed a resolution constituting a Committee to frame policy with regard to the recognition of new colleges under various educational agencies. W.P.(C) No. 13427 OF 20118 3 It is also brought on record that the institution where the petitioners are studying approached the respondent University only in February 2011 for obtaining the application form, i.e. , after 6 months of the commencement of the classes in Cochin University and just three months before the examination . It is also pointed out that the syllabus of the Cochin University of Science and Technology differs much from that the Calicut University to whom, the Institution had earlier approached for obtaining recognition, which attempt turned out to be unsuccessful. The learned Standing Counsel for the University also submits that no application has been preferred by the 'Institution' and no proceeding is pending. 3. After hearing both the sides, this Court finds that the present writ petition has been filed only by 'two students', seeking for appropriate reliefs to be extended to the concerned 'Institution'. The fact remains that the Institution is still behind the curtain, who has not chosen to approach this Court, if at all aggrieved in any manner. In the said circumstance, no positive relief can be given with regard to the recognition of the W.P.(C) No. 13427 OF 20118 4 Institution where the petitioners are studying. Accordingly, interference is declined and the writ petition is dismissed, however without prejudice to the rights and liberties of the concerned Institution for applying for recognition in respect of the next academic year on satisfying the norms prescribed in this regard. P.R. RAMACHANDRA MENON, JUDGE. lk