IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 2511 of 2011(L) -------------------------------- PETITIONER(S): ------------------- KERALA CO-OPERATIVE HOSPITAL FEDERATION LTD HAVING ITS REGIONAL OFFICE AT NETTUR(P.O) TELLICHERRY, PIN-670105,REP.BY ITS SECRETARY MR.ABDURAHIMAN BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S): -------------------- KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCES,MEDICAL COLLEGE P.O.,THRISSUR-680596 REP.BY ITS REGISTRAR ADV. SRI.P.SREEKUMAR, SC, KERALA UTY.HEALTH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.2511 OF 2011(L) -------------------------------------------------- Dated this the 3rd day of February, 2011 J U D G M E N T The complaint of the petitioner is that in spite of having made application dated 16.6.2010 for continued provisional affiliation for their college for the academic year 2010-2011, orders have not been passed by the respondent University so far. 2. Standing Counsel appearing for the respondent University submits that on receipt of the application dated 16.6.2010 from the petitioner, the application was forwarded to the Kannur University, to which the College was affiliated, for their remarks. It is stated that reply received from the University was that for non-payment of the required fee, continued affiliation was not granted for the academic year 2009-2010. According to counsel, since the petitioner did not have continued provisional affiliation for the previous academic year, there is no question of passing orders granting continued provisional affiliation for the academic year 2010-2011. 3. Thereupon the learned counsel for the petitioner invited my attention to Ext.P2 order rendered by this court in WPC.No. 2511/2011 :2 : Contempt Case No. 239/2009 which was filed complaining of non- compliance of the directions in Ext.P1 judgment. This order shows that this court ordered that the parties, viz., the petitioner and the Kannur University, shall proceed on the premise that there is provisional affiliation to the petitioner for the academic year 2009-2010 also. Such an order was passed in view of the declaration granted by this Court in Ext.P1 judgment. 4. It is also submitted that soon after the filing of this writ Petition, on 24.1.2010, petitioner received a communication from the Kannur University informing them about the non-payment of the fee for continued affiliation for the academic year 2009-2010 and that there upon under cover of their letter dated 28.1.2011 itself, the required fee has been remitted. Copy of the letter dated 28.1.2011 along with the photocopy of the DD was produced before this Court for perusal. 5. In the light of Ext.P2 order referred to above and since the required fee also has been paid by the petitioner, I see no difficultly in accepting the petitioner's contention that they were entitled to have continued provisional affiliation for the academic year 2009-10. WPC.No. 2511/2011 :3 : 6. In that view of the matter, I direct that the respondent University will pass orders on the application dated 16.6.2010 made by the petitioner for continued provisional affiliation for the academic year 2010-2011. This the University shall do at any rate within 4 weeks from the date of production of a copy of the judgment. 7. It is made clear that if the University needs any further documents to be produced by the petitioner it will be open to the University to call upon the petitioner to produce those documents within this period. It is also clarified that as far as MSC Nursing Course is concerned, the petitioner shall furnish an undertaking in the stamp paper indicating the specialties in relation to which the affiliation is sought for. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/