IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 W.P(C).No. 23613 of 2008(J) -------------------------- PETITIONER: ------------ KVM COLLEGE OF SPECIAL EDUCATION, KVM TRUST, POST BOX-30, CHERTHALA, REPRESENTED BY ITS DIRECTOR DR.V.V.PYARELAL. BY ADV. SRI.GEORGE POONTHOTTAM SRI.T.R.RAVI RESPONDENTS: ------------- 1. UNIVERSITY OF KERALA, THIRUVANANTHAPURAM REPRESENTED BY THE REGISTRAR. 2. REHABILITATION COUNCIL OF INDIA, NEW DELHI-110016, REPRESENTED BY THE MEMBER SECRETARY. BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 23613/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE ORDER NO.1178/A2/2001/SWD DATED 14/07/2001. EXHIBIT P2: TRUE COPY OF THE NOC GIVEN BY THE 1ST RESPONDENT THROUGH COMMUNICATION DATED 1/08/2006. EXHIBIT P3 : TRUE COPY OF THE CERTIFICATE OF APPROVAL DATED 15/07/2006. EXHIBIT P4 : TRUE COPY OF THE APPLICATION DATED 24/08/2007. EXHIBIT P5 : TRUE COPY OF THE COMMUNICATION NO.8- 366/2006-07/RCI DATED 4/12/2007. EXHIBIT P6 : TRUE COPY OF THE ORDER NO. 14332 /B3/ 2007/H.Edn. DATED 14/12/2007. EXHIBIT P7 : TRUE COPY OF THE COMMUNICATION NO.AC.B/2008 DATED 8/01/2008. EXHIBIT P8 : TRUE COPY OF THE COMMUNICATION NO. AC.B1 / 23141/2006 DATED 8/05/2008. EXHIBIT P9 : TRUE COPY OF THE APPLICATION FOR SEEKING EXTENSION OF RECOGNITION ALONG WITH COVERING LETTER DATED 20/5/2008. EXHIBIT P10: TRUE COPY OF THE AGREEMENT EXECUTED ON 29/05/2008 BETWEEN THE PETITIONER AND THE UNIVERSITY GIVEN ALONG WITH LETTER DATED 30/05/2008. EXHIBIT P11 : TRUE COPY OF THE CITATION GIVEN ON THE BASIS OF THE EVALUATION BY THE PERFORMANCE ACCREDITATION COMMITTEE DATED 23/02/2004. /TRUE COPY/ P.A. TO JUDGE scm scm S.SIRI JAGAN, J ================== W.P(C)No.23613 of 2008 ================== Dated this the 28th day of August, 2008. J U D G M E N T The petitioner is a Charitable Trust, running a school for mentally retarded people, wherein there are 98 students as of now. In order to train persons to take care of such mentally retarded people, the petitioner intends to start a B.Ed. (Special Education)course in their institution. The 2nd respondent has granted approval for the same. The Government has also granted NOC. The same was produced before the University seeking affiliation for the post. The petitioner's grievance is that the application for affiliation is not been considered by the University. The petitioner therefore, seeks the following reliefs: “i) Issue a writ in the nature of mandamus directing the respondent university to issue the provisional affiliation order in view of the compliance of the conditions mentioned in Ext.P8 by remittance of the fees under different heads as indicated in the said communication. ii) Issue a writ declaring that the demand towards administration fee of Rs.1 lakh for the academic year 2007- 08 while issuing the communication on 8.5.2008 without granting affiliation for the year 2007-08 is an illegal extraction of money without authority and bad in law. iii) Issue a writ directing the respondent university to refund the administration fee levied from the petitioner for the academic year 2007-08. W.P(C)No.23613 of 2008 - 2 - iv) Issue a writ declaring that the appointment of faculty is to be made in terms of the norms of the 2nd respondent and there is not legal requirement to get the list of staff endorsed by the university and the insistence of the same is without authority. v) Issue a writ directing the 2nd respondent to issue the approval as sought for the academic year 2008-09.” 2. The learned Standing Counsel on instructions submits that affiliation would be granted on the petitioner producing approval order from the 2nd respondent. Accordingly, the writ petition is disposed of with a direction to the 1st respondent to grant affiliation to the course to be started by the petitioner for the year 2008-09 within one month from the date the petitioner produces approval for the course from the 2nd respondent. In respect of the refund of the administration fee of Rs. 1 lakh paid for the year 2007-08, the University shall adjust the same against the demand for future years. S.SIRI JAGAN, JUDGE rhs