IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 17374 of 2011(V) ---------------------------------- PETITIONER(S): ------------------- MOHANDAS COLLEGE OF ENGINEERING AND TECHNOLOGY, ADMINISTRATIVE OFFICE, Y.M.R. JUNCTION NANTHENCODE, THIRUVANANTHAPURAM-695003, REPRESENTED BY BY ITS CHIEF ADMINISTRATOR B.NANDAGOPAL. BY ADV. SRI.V.JAYAKUMAR RESPONDENT(S): --------------------- UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM-695001. R1 BY ADV. SRI.M.RAJAGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, ALONG WITH WPC NO. 17375 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 17374/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 23/08/2010 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION. P2: COPY OF THE APPLICATION DATED 26/08/2010 SEEKING AFFILIATION, SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. P3: COPY OF COVERING LETTER DATED 26/08/2010 WITH WHICH EXT.P2 APPLICATION WAS SENT BY THE PETITIONER TO THE RESPONDENT. P4: COPY OF THE RECEIPT ISSUED BY THE RESPONDENT UPON RECEIPT OF THE REQUIRED FEES FROM THE PETITIONER. P5: ORDER DATED 21/06/2011 ISSUED BY THE RESPONDENT REJECTING THE APPLICATION FOR AFFILIATION. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J -------------------------------------------------- W.P(C) Nos.17374/2011 & 17375/2011 -------------------------------------------------- Dated this the 20th day of July, 2011. J U D G M E N T Challenge in W.P(C) No.17375/2011 is against Ext.P5. The petitioner college, is already conducting B.Tech courses in different disciplines. According to the petitioner the AICTE, by Ext.P1 proceedings, permitted to increase the number of seats for B.Tech in Electronics and Communication and B.Tech in Computer Science and Engineering by 30 seats each. They made applications for affiliation in respect of the increased intake for the aforesaid two subjects and Ext.P5 is the order passed by the University on these applications, which reads as follows: “Referring to the above, I write to inform that, the University had decided to reject the application for enhancement of seats for the academic year 2011-12, as it is brought to the notice of the University that, last year seats were found vacant in B.Tech Electronics & Communication Engineering and B.Tech Computer Science Engineering streams.” It is this order, which is under challenge in this writ petition. 2. A reading of the order shows that only reason stated by the University is for rejecting the prayer of the petitioner is W.P(C) Nos.17374/2011 & 17375/2011 2 that, last year seats were found vacant in the course in respect of additional affiliation is sought. 3. In my view the fact that in the previous years seats were lying vacant, is an irrelevant consideration while considering the application made for additional affiliation. Demand for seats in a professional college as is well known, does not remain constant during all academic year and depending upon, various factors it will vary. Therefore rejection of the petitioner's request as per Ext.P4 is on irrelevant grounds and for that reason Ext.P5 deserves to be quashed and I do so. 4. In so far as W.P(C) 17374/2011 is concerned, the challenge is against the Ext.P5 order passed by the University rejecting the application made by the petitioner seeking affiliation of the Post Graduate Engineering Course mentioned therein. Ext.P5 order shows that the reason for rejection was that the petitioner failed to produce relevant details along with the application submitted. It is the case of the petitioner that those details were all in fact produced by them. Still having regard to the case now set up by the University in Ext.P5, the request can be ordered to be reconsidered on the petitioner producing the documents mentioned in Ext.P5. W.P(C) Nos.17374/2011 & 17375/2011 3 5. Therefore, I dispose of these writ petitions directing that on the petitioner rectifying the inadequacies mentioned in Ext.P5 in W.P(C) No.17374/2011 and also on production of the AICTE approval for the current year, the University will reconsider the application for affiliation of the Post Graduate courses sought by the petitioner and orders thereon will be passed as expeditiously as possible, at any rate within four weeks thereafter. 6. Similarly, Ext.P5 in W.P(C) No.17375/2011, will stand quashed, and the application for affiliation of additional seats will be considered afresh, on the petitioner producing AICTE approval for the current year. Orders in this behalf will be passed at any rate within one month of production of a copy of this judgment. ANTONY DOMINIC ab JUDGE W.P(C) Nos.17374/2011 & 17375/2011 4