IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 24074 of 2008(N) -------------------------- PETITIONER: ------------ THE CHRISTIAN EDUCATIONAL TRUST KOLENCHERRY PO, ERNAKULAM DISTRICT REPRESENTED BY ITS CHAIRMAN N.P.THOMAS BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ------------- 1. M.G.UNIVERSITY, KOTTAYAM, REPRESENTED BY THE REGISTRAR 2. THE VICE CHANCELLOR, M.G.UNIVERSITY,KOTTAYAM. BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, ALONG WITH W.P.C.NO. 26207/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) Nos. 24074 & 26207 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st September, 2008. J U D G M E N T In these two writ petitions, two educational institutions have come up with a complaint that applications for affiliation for certain courses to be started in their colleges have not been considered on unsustainable grounds. In W.P(C) No. 24074/2008, the courses for which applications are made are: 1. B.Com Computer Application Voc. Model-II. 2. B.B.A 3. MHRM. In W.P(C) No. 26207/2008, the courses applied for are: 1. M.Sc Bio-technology. 2. M.S.W. 2. A statement has been filed on behalf of the University from which it is clear that the applications have not been considered because of the reasons mentioned below: “(a) The existing manpower available in the university cannot cope with the additional work consequent on the sanctioning of new unaided colleges/ courses. (b) Lack of permanent teaching faculty for the conduct and evaluation of Examinations. (c) The increasing instances of irregular admissions in unaided institutions and also pending cases before the Hon'ble Courts. (d) At present no specific provisions relating to the conduct of courses, admission of students, appointment of teachers etc relating to the unaided stream have been included in the Mahatma Gandhi University Act and Statutes.” 2. I had occasion to consider the sustainability of these objections in W.P(C) No. 18774/2008 wherein, I had held that none of those four objections are sustainable in law. That being so, I am satisfied that the University cannot refuse to consider the applications on those grounds. W.P.C. Nos. 24074 & 26207/08 -: 2 :- Accordingly, I dispose of these two writ petitions with a direction to the University to consider the applications for affiliation of the courses for which the petitioners have applied and pass orders therein in the light of the finding hereinabove, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.. The standing counsel for the University submits that the petitioner in W.P(C) No. 24074/2008 has not submitted any application for the current year and therefore unless they file an application for the current year, the same cannot be considered. But it is admitted that the petitioner had filed an application for the academic year 2006-07. I therefore direct the University to consider that application as valid for the current year also. It would be open to the University to insist on payment of the required fee. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.