IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 33088 of 2008(L) --------------------------------------- PETITIONER(S): ------------------------ 1. ST.ALBERT'S COLLEGE, ERNAKULAM 682018, REPRESENTED BY ITS MANAGER. 2. PRINCIPAL, ST.ALBERT'S COLLEGE, ERNAKULAM 682 018. BY ADV. SRI.BABY ISSAC ILLICKAL RESPONDENT(S): --------------------------- 1. MAHATMA GANDHI UNVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM. 2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33088/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER OF THE IST RESPONDENT DT. 7.6.2000. P2:- COPY OF THE CERTIFICATE OF REGISTRARION DT. 23.3.06. P3:- COPY OF THE ORDER OF THE MINISTRY OF SCIENCE & TENCHNOLOGY DT. 25.1.2008. P4:- COPY OF THE GOVT. NOTIFICATION NO.51/96 DT. 23.7.96. P5:- COPY OF THE APPLICATION FILED BY THE PETITIONER DT. 22.9.08. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 33088 of 2008 ------------------------------------ Dated this the 6th day of January, 2009 JUDGMENT The 1st petitioner is a college affiliated to the first respondent University and the 2nd petitioner is its principal. According to the petitioners, the Ministry of Science and Technology of the Government of India sanctioned an amount of Rs.36,00,000/- to the college in order to strengthen the Post Graduate Teaching and Research in the field of science. Utilising the said funds, the petitioners wanted to import certain sophisticated instruments. This required as an Essentiality Certificate from the respondent University for claiming exemption from the duties levied by the Central Excise and Customs Departments. 2. For the issuance of the Essentiality Certificate, petitioners submitted Exhibit P5 application before the University. But the University has not so far passed orders on Exhibit P5, while according to the petitioners, similarly situated colleges which have applied for the same certificate have already been issued the same. It is stated that University is acting with vengeance in delaying the certificate on extraneous considerations. 3. According to the University, since the petitioner has been consistently disobeying the University and its regulations, proceeding have W.P.(C) No. 33088 / 2008 2 already been initiated to withdraw the affiliation granted to the 1st petitioner college. The decision of the University in this regard is pending approval of this Court in W.P(C) No.27585 of 2007. The University submits that it is because of the pendency of the aforesaid proceedings that they have not considered the application made by the petitioner. 4. Irrespective of the pendency of proceedings against the college, fact remains that as on the date, the college is still functions as an affiliated college. So long as the 1st petitioner is an affiliated college, it is entitled to all the privileges that are attached to the affiliation that it enjoys. That the proceeding are pending, cannot be a reason for the University to decline Essentiality Certificate sought for by the petitioner. In view of this, I cannot uphold the inaction on the part of the University in passing orders on Exhibit P5 application made by the petitioner. Therefore, the University is directed to pass orders granting Essentiality Certificate to the college based on Exhibit P5 application made by the 1st petitioner college. This shall be done expeditiously as possible at any rate within four weeks from the date of production of copy of this judgment. ANTONY DOMINIC, JUDGE scm