IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 25361 of 2011(U) -------------------------- PETITIONER(S): ---------------------- PRAVASI INTERNATIONAL EDUCATIONAL CHARITABLE TRUST,REGISTRATION NO.262/2003 MALAPPURAM,MANJERI ROAD,OPPOSITE TOWN HALL,UP HILL MALAPPURAM-676505,REPRESENTED BY ITS CHAIRMAN KRISHNADAS.C.K. BY ADVS. SRI.P.V.SURENDRANATH SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY,HIGHER EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. UNIVERSITY OF CALICUT,REPRESENTED BY ITS REGISTRAR,CALICUT UNIVERSITY POST, PIN-673635. 3. VICE CHANCELLOR,UNIVERSITY OF CALICUT, CALICUT UNIVERSITY POST,PIN-673635. 4. REGISTRAR,UNIVERSITY OF CALICUT, CALICUT UNIVERSITY POST,PIN-673635. R1 BY GOVERNMENT PLEADER SMT.SANGEETHA R2, 3, 4 BY ADV. SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 25361 of 2011(U) ------------------------------------- APPENDIX ---------------- PETITIONER(S) EXHIBITS --------------------------------------- EXHIBIT-P1: A TRUE COPY APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT FOR STARTING NEW ARTS SCIENCE COLLEGE DATED 29.10.2010. EXHIBIT-P2: A TRUE COPY OF THE COVERING LETTER ISSUED BY THE PETITIONER TO THE REGISTRAR UNIVERSITY OF CALICUT,DATED 29.10.2010. EXHIBIT-P3: A TRUE COPY OF THE TITLE DEED OF THE PETITIONER WITH RESPECT TO 3 HEC.43 ARES AND 59.03.SQ.M COMPRISED IN SY.NO. 153 AND 152 AND 22 ACRES 66.32.SQ.M IN SY.NO.387/1 OF EDAYOOR VILLAGE,TIRUR TALUK,MALAPPURAM DISTRICT. EXHIBIT-P4: A TRUE COPY OF THE INSPECTION REPORT OF THE COMMISSION APPOINTMENT BY THE SYNDICATE DATED 28.1.2011. EXHIBIT-P5: A TRUE COPY OF THE G.O.(RT)NO.340/2011/HIGHER EDUCATION DATED 1.3.2011. EXHIBIT-P6: A TRUE COPY OF THE AGREEMENT DATED 24.05.2011 ALONG WITH THE AFFIDAVIT SWORN TO BY THE CHAIRMAN OF THE PETITIONER. EXHIBIT-P7: A TRUE COPY OF THE APPLICATION DATED 23.3.2011. EXHIBIT-P8: A TRUE COPY OF THE REPORT DATED 18.06.2011 ALONG WITH THE PLAN OF THE TEMPORARY ACCOMMODATION. EXHIBIT-P9: A TRUE COPY OF THE COMMUNICATION DATED 2.4.2011 FROM THE 2ND RESPONDENT. EXHIBIT-P10:A TRUE COPY OF THE NO OBJECTION CERTIFICATE DT:16.5.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P11:A TRUE COPY OF THE GOVERNMENT ORDER DATED 13.6.2011. EXHIBIT-P12:A TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C)20648 OF 2011 DATED 28.07.2011. VK WP(C).No. 25361 of 2011(U) ------------------------------------------ EXHIBIT-P13: A TRUE COPY OF THE COVERING LETTER DATED 04.08.2011 PRODUCING THE JUDGMENT AND THE COPY OF THE WRIT PETITION BEFORE THE 3RD RESPONDENT. EXHIBIT-P14: A TRUE COPY OF THE ORDER DATED 24.08.2011. EXHIBIT-P15: A TRUE COPY OF THE REPORT DATED 02.09.2011 SUBMITTED BY THE NEW INSPECTION COMMISSION. EXHIBIT-P16: A TRUE COPY OF THE COMMUNICATION DATED 15.06.2010 ISSUED BY THE REGISTRAR TO THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. EXHIBIT-P17: TRUE COPY OF THE ORDER OF PROVISIONAL AFFILIATION GRANTED TO BLOSSOM ARTS AND SCIENCE COLLEGE,PULIKKAL AS PER ORDER DATED 11.08.2011 OF THE 4TH RESPONDENT. EXHIBIT-P18: A TRUE COPY OF THE COVERING LETTER PRODUCING THE CHALAN RECEIPT BEFORE THE 4TH RESPONDENT REGISTRAR FOR REMITTANCE OF THE AFFILIATION FEE. EXHIBIT-P19: A TRUE COPY OF ORDER DATED 19.8.2011 GRANTING PROVISIONAL AFFILIATION TO NEW COURSES IN MET ARTS AND SCIENCE COLLEGE, NADAPURAM,CALICUT FOR THE ACADEMIC YEAR 2011-12. EXHIBIT-P20: TRUE COPY OF ANOTHER ORDER DATED 22.8.2011 GRANTING ADDITIONAL AFFILIATION TO CERTAIN COURSES FOR THE ACADEMIC YEAR 2011-12 IN JAMIA NADAWIYYA ARTS AND SCIENCE COLLEGE, SALAH NAGAR,MALAPPURAM. EXHIBIT-21: A TRUE COPY OF THE ORDER DATED 27.8.2011 IN THE MATTER OF AFFILIATION TO NEW DEGREE COURSES IN THE YEAR ST.MARY'S COLLEGE,PUTHENANGADI ISSUED BY THE UNIVERSITY. EXHIBIT-P22: TRUE COPY OF THE YET ANOTHER ORDER DATED 27.8.2011 GRANTING AFFILIATION FOR STARTING NEW ENGINEERING COLLEGE I.E.NIRMALA ENGINEERING COLLEGE,CHALAKUDY ISSUED BY THE UNIVERSITY. RESPONDENTS' ANNEXURES -------------------------------------------- ANNEXURE R2 (1). COPY OF THE UNIVERSITY ORDER NO.GA1/G3/7057/2010 DATED 6.1.2011. ANNEXURE R2(2). COPY OF THE REPORT OF THE INSPECTION CMMISSION DATED 28.1.2011. / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ================ W.P.(C) NO. 25361 OF 2011 ===================== Dated this the 18th day of October, 2011 J U D G M E N T Petitioner is a charitable Trust registered under Indian Trust Act formed by Keralites working outside the State and overseas. The objective of the Trust is to establish and maintain educational institutions. 2. It is stated that, in pursuance to the said objective of the Trust, Ext.P1 application was made by the Trust on 29/10/2010 seeking affiliation to a college for conducting courses such as B.Com, BA (Functional English), BBA, B.Sc (Physics) and B.Sc (Mathematics). In the said application, the location of the College was shown as Gokulam, Edayur Village, Tirur Taluk, Malappuram District. On the said application, inspection was conducted and Ext.P4 report was submitted by the inspection team on 28/1/11 recommending grant of affiliation for the academic year 2011-12. 3. Subsequently, petitioner submitted Ext.P7 application dated 23/3/11 stating that they have identified a more convenient building in Kullathor-Murkanadu and that affiliation may be WPC No. 25361/11 :2 : granted to start their college in the building known as Fathima complex at Kullathor-Murkanadu. It appears that inspection was conducted and Ext.P8 report was submitted on 18/6/11. 4. At that stage, complaining that Ext.P1 application was still remaining unattended, petitioner approached this Court and filed WP(C) No.20648/11. That writ petition was disposed of as per Ext.P12 judgment directing consideration of Ext.P1 application within 4 weeks from the date of production of a copy of the judgment. 5. From the statement filed on behalf of respondents 2 to 4, what is seen is that, in pursuance to Ext.P12 judgment, the matter was placed before the Vice Chancellor when it was noticed that Ext.P11 NOC was issued by the Government for starting a college at the location mentioned in Ext.P1 application and that in view of Ext.P7 offering a new location, the said NOC could not be relied on. Therefore, the Vice Chancellor passed Ext.P14 order to verify whether the College has its own building and other facilities. Based on the said order, inspection was conducted and Ext.P15 report was submitted stating inter alia as follows:- “Affiliation to the proposed college cannot be recommended due to the following reasons: 1. The extent of land required as per statute is not WPC No. 25361/11 :3 : available. 2. Permanent or temporary buildings not constructed, and, 3. No other infrastructure is created at the venue of the college.” 6. It is thereupon this writ petition was filed. From the above facts discernible from the pleadings, it is obvious that Ext.P1 application was initially made by the petitioner offering the location mentioned therein. That was changed by Ext.P7. Pursuant to the directions contained in Ext.P12 judgment, the University was called upon to consider Ext.P1 application and when inspection was conducted, infrastructure was found not available. In the light of these facts, this Court will not be justified in directing the University to grant the affiliation as sought for by the petitioner for the academic year 2011-12. 7. Be that as it may, now that according to the petitioner infrastructure is available at the location mentioned in Ext.P7 and as the same is yet to be considered, it is directed that, the said application will be considered subject to the regulations of the University for the academic year 2012-13. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp