IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 36103 of 2009(G) --------------------------------------- PETITIONER: ------------------- FR.ANTONY MUTHUKUNNEL, S/O. JOSEPH, AGED 49 YEARS, MANAGER, MARYMATHA ARTS & SCIENCE COLLEGE, ALAKKODE P.O., ALAKKODE, KANNUR DISTRICT. BY ADVS. MR.M.A.FIROZ, MR.GEORGE MECHERIL. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT. HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR, KANNUR UNIVERSITY, MANGATTUPARAMBA, KANNUR UNIVERSITY CAMPUS P.O., KANNUR-670 567. R1 BY GOVT. PLEADER MR. P.N. SANTHOSH, R2 BY MR.M.SASEENDRAN,S.C,KANNUR UNIVERSITY . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36103/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS NO. U.O. NO. ACAD/A2/MMASCA/1976/03 DTD. 24/01/2009 OF THE R.2. EXT.P.2: COPY OF THE PROCEEDINGS NO. U.O. ACAD/A2/MMASCA/1976/03 DTD. 27/07/2009. EXT.P.3: COPY OF THE NOTIFICATION ISSUED BY THE R.2. EXT.P.4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 04/12/2007. EXT.P.5: COPY OF THE ACKNOWLEDGMENT RECEIPT DTD. 24/12/2007. EXT.P.6: COPY OF THE REQUEST DTD. 25/07/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.7: COPY OF THE GOVERNMENT ORDER G.O.(RT).NO.1316/H. EDN. DTD. 20/08/2009. EXT.P.8: COPY OF THE AGREEMENT EXECUTED ON 14/09/2009 BETWEEN THE PETITIONER AND THE GOVERNMENT. EXT.P.9: COPY OF THE NOC GRANTED BY THE STATE GOVERNMENT AS PER ORDER G.O.(MS).NO.166/09/H. EDN. DTD. 24/09/2009. EXT.P.10: COPY OF THE COMMUNICATION DTD. 01/10/2009. EXT.P.11: COPY OF THE D.D. FOR RUPEES TWENTY THOUSAND AND THE COVERING LETTER. EXT.P.12: COPY OF THE REQUEST DTD. 26/10/2009. EXT.P.13: COPY OF THE LIST OF STUDENTS ADMITTED TO M. COM FINANCE COURSE FOR THE ACADEMIC YEAR 2009-2010. EXT.P.14: COPY OF THE REQUEST DTD. 16/11/2009. EXT.P.15: COPY OF THE COMMUNICATION DTD. 21/11/2009 ISSUED BY THE R.2. EXT.P.16: COPY OF THE EXPLANATION DTD. 26/11/2009 SUBMITTED BY THE PETITIONER. EXT.P.17: COPY OF THE EXAMINATION NOTIFICATION PUBLISHED IN THE MATHRUBHOOMI DAILY DTD. 09/12/2009. EXT.P.18: COPY OF THE REQUEST DTD. 10/12/2009 SENT BY THE PRINCIPAL TO THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.36103 OF 2009 --------------------------------------- Dated this the 23rd day of March, 2010. J U D G M E N T The petitioner is the Manager of Marymatha Arts and Science College, Alakkode which is affiliated to the Kannur University. The College was started in the year 2003. Provisional affiliation was granted for various courses namely, B.Sc (Physics), B.Sc (Chemistry), B.Com with Computer Applications, B.A (English) and B.Com with Co-operation. 2. The writ petition was filed when the University was delaying an order on the application for granting affiliation to M.Com course in the College. A detailed interim order was passed on 15.12.2009 whereby the Vice Chancellor of the University was directed to consider the application for affiliation submitted by the petitioner in the light of Exhibit P7 order passed by the Government, Exhibit P8 agreement entered into between the educational agency and the Government and the report submitted by the Inspection Commission appointed by the W.P.(C) No.36103/2009 2 Syndicate of Kannur University. There was a direction to pass final orders within one month. Learned Standing Counsel for the University produced before me for perusal an order dated 16.03.2010 whereby conditional provisional affiliation has been granted to M.Com and BBA courses in the College. It is further submitted that the result of the 1st semester BBA examination is being published today in the light of the provisional affiliation granted. The same is recorded and this writ petition is closed. In the light of the provisional affiliation, the results of the students of the M.Com course will also be published. T.R. RAMACHANDRAN NAIR JUDGE smp