IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 3129 of 2008(V) ------------------------- PETITIONER: ------------ SREE NARAYANA GURU MEMORIAL ARTS & SCIENCE COLLEGE, VALAMANGALAM SOUTH - PO, THURAVOOR, ALAPPUZHA DISTRICT, REPRESENTED BY THE MANAGER, P.SANAKAN. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ------------- 1. THE UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, REPRESENTED BY THE REGISTRAR. 2. THE VICE CHANCELLOR, THE UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------------- W.P.(C) No.3129 of 2008 ------------------------------------------- Dated this the 28th day of January, 2008 JUDGMENT Ext.P3 application was filed by the petitioner requesting for affiliation to additional batches mentioned therein. Since there was delay in considering Ext.P3, petitioner had approached this court by filing W.P.(C).No.31175/2007. That writ petition was disposed by Ext.P4 judgment, taking into account the submission made by the standing counsel of the university that in the meeting held on 27.2.2007, the application submitted by the petitioner was considered and rejected. It was therefore directed that if such a decision was taken, the same should be communicated to the petitioner. 2. Petitioner submits that in pursuance to the said judgment, they have received Ext.P5. Ext. P5 shows that in deference to the request of the Government to the university not to take further steps to process new applications for colleges/courses till the Government considers each specific case on merit and conveys its views, the syndicate resolved not to WPC3129/2008 2 process petitioner's application for affiliation of the courses for which application was submitted for the year 2007-2008. Petitioner also submits that since the academic year has expired, they have also made Ext.P6 application for the academic year 2008-2009. 3. A reading of Ext.P5 does not show that the university had taken a decision as submitted before this court when W.P.(C) No.31175/2007 was considered. On the other hand, what it shows is that the syndicate has only resolved not to process the application made by the petitioner. Thus, it is evident that the university or the syndicate had not taken any decision on the application of the petitioner. This court has already taken the view in Ext.P7 judgment that once an application is made to the university for affiliation, it is not expected to wait indefinitely for the views of the Government being communicated to it and that it is open to the university to consider the application for affiliation and pass orders on it. Taken into account the aforesaid decision in Ext.P7, I dispose this writ petition directing that the second respondent WPC3129/2008 3 university/syndicate shall consider the matter afresh as expeditiously as possible, at any rate within six weeks of a production of a copy of this judgment. While decision is taken as above, Ext.P6 application made by the petitioner for the year 2008-2009 shall be taken into account. ANTONY DOMINIC, JUDGE csl