IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 2849 of 2005(L) ------------------------------------- PETITIONER: ------------------- KERALA EDUCATIONAL AND CHARITABLE TRUST, AMBALATHARA, POONTHURA P.O., THIRUVANANTHAPURAM., REP. BY ITS GENERAL SECRETARY M.ABDUL GAFOOR, S/O.MOHAMMED YUSUF, AGED 55, `SANGEETH', MANGALAPURAM, THONNAKKAL P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.G.S.REGHUNATH. RESPONDENTS: ------------------------ 1. THE UNIVERSITY OF KERALA, KERALA UNIVERSITY OFFICE, PALAYAM, THIRUVANANTHAPURAM, REP. BY ITS REGISTRAR. 2. STATE OF KERALA, REP. BY SECRETARY TO GOVT., HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY MR. M. RAJAGOPALAN NAIR, S.C, R2 BY GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2849/2005-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE STATUTORY REQUIREMENT FOR AFFILIATION OF COLLEGES/COURSES, PUBLISHED BY THE R.1. EXT.P.2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR AFFILIATION OF AN ARTS AND SCIENCE COLLEGE FOR WOMEN AT POONTHURA, TRIVANDRUM DURING 2005/2006 WITH THE R.1. ON 29/07/2004. EXT.P.3: COPY OF THE RECEIPT OF APPLICATION FEE RS.2,500/- REMITTED BY PETITIONER. EXT.P.4: COPY OF THE LETTER DTD. 03/12/2004 SENT BY THE R.1. TO THE PETITIONER. EXT.P.5: COPY OF THE LETTER SENT BY PETITIONER ALONG WITH THE COPY OF TITLE DEEDS TO THE R.1. EXT.P.6: COPY OF THE STATEMENT SHOWING THE DETAILS OF THE TITLE DEEDS REGARDING THE PROPERTY OF PETITIONER AND PRODUCED BEFORE R.1. EXT.P.7: COPY OF THE TELEGRAM DTD. 13/12/2004 SENT BY THE R.1. TO THE PETITIONER. EXT.P.8: COPY OF THE COVERING LETTER DTD. 14/12/2004 SENT TO THE R.1. BY THE PETITIONER. EXT.P.9: COPY OF THE RECEIPT DTD. 14/12/2004 FOR REMITTANCE OF RS.3,000/- OF THE R.1. EXT.P.10: COPY OF THE REPORT SUBMITTED BY THE INSPECTION COMMITTEE OF THE R.1. TO THE PETITIONER. EXT.P.11: COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2849/2005-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of October, 2009 J U D G M E N T The subject matter of the writ petition concerns the rejection of the application submitted by the petitioner for affiliation to start a new Arts & Science College in the unaided sector. By Ext.P11 it is informed to the petitioner that the Syndicate has decided not to recommend the college under the unaided sector. 2. The relevant academic year to which the petitioner sought affiliation is 2005-06. It is the case of the petitioner that he had completed all the statutory formalities and furnished all necessary documents and his application was also recommended by the Inspection Committee as per Ext.P10. 3. In the counter affidavit filed on behalf of the University it is pointed out that in a meeting of the Syndicate held on 30/12/2004 to consider the application for affiliation of new Arts and Science Colleges from eight educational agencies including that of the petitioner-Trust, it has been decided not to recommend new Arts and Science Colleges in the un- aided sector. It is also the case of the respondent that the petitioner's W.P.(C). No.2849/2005 -:2:- application was defective and inspite of giving chance to rectify the defects as per Ext.P4, that was not cured. The learned Standing Counsel for the University submitted that the application then submitted would have been valid only for the years 2005-2006 and 2006-07. Therefore, the petitioner will have to submit a new application if he seeks affiliation for the college under the aided or unaided sector. 4. In that view of the matter I am not finally pronouncing whether Ext.P11 is valid or not. If the petitioner makes a fresh application along with the necessary documents, the same will be considered by the University and appropriate action will be taken expeditiously in accordance with the relevant provisions of the Statutes. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms