IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 31458 of 2008(T) -------------------------- PETITIONER(S): --------------- AL AZHAR COLLEGE OF ARTS AND SCIENCE, PRUMPILLICHIRA, THODUPUZHA, IDUKKI DISTRICT, REPRESENTED BY IT'S CHAIRMAN. BY ADV. SRI.C.A.MAJEED RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. MAHATMA GANDHI UNIVERSITY, KOTTAYAM REPRESENTED BY IT'S REGISTRAR. BY SC SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31458/2008 -------------------- Dated this the 3rd day of December, 2008 JUDGMENT Petitioner, a Self Financing College, affiliated to the M.G.University, filed an application on 31.1.2005 to start certain new courses to be commenced from the academic year 2006-07. The said application was not processed within time and therefore, petitioner had approached this Court in Writ Petition No.7430/2007 , which led to Ext.P7 judgment directing the University to place the petitioner's application before the next meeting of the Syndicate. Subsequently, as is evidenced by Ext.P8, a decision has been taken by the Syndicate resolving not to grant affiliation to the courses sought for by the petitioner as the University has already decided not to grant affiliation to new colleges/courses and not to enhance the number of seats in unaided colleges affiliated to the University during 2008-09. Ext.P8 is under challenge in the writ petition. 2. I heard learned counsel for the petitioner and learned Standing Counsel for the University. W.P.(C).31458/2008 2 3. The decision taken as per Ext.P8, is unsustainable. There cannot be a blanket decision by the University not to consider any application for affiliation in respect of new colleges/courses irrespective of the merits of the applicants. 4. Learned counsel for the University submits that the petitioner has not made an application for the year 2008- 09 and if it is so filed, it shall be considered in accordance with law. 5. Accordingly, Ext.P8 is quashed. It is directed that if the petitioner files an application for the same courses as are mentioned in Ext.P1, for the year 2008-09, in accordance with law, same shall be considered by the University for the academic year 2008-09 itself and a decision taken in that regard within six weeks from the date of receipt of the application. Writ petition is disposed of as above. V.GIRI, Judge mrcs