IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 20215 of 2011(B) ----------------------------------------- PETITIONER(S): ------------------------ THE DIRECTOR, RAJAGIRI SCHOOL OF ENGINEERING & TECHNOLOGY, RAJAGIRI VALLEY.P.O., KAKKANAD, COCHIN - 682 039. BY SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE, BY ADV. SRI.TONY GEORGE KANNANTHANAM, SRI.MATHEW K. SIMON. RESPONDENT(S): --------------------------- 1. M.G.UNIVERSITY, REP.BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM - 686 660. 2. THE VICE CHANCELLOR, M.G.UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM - 686 660. 3. STATE OF KERALA REP.BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPT., GOVT.SECRETARIAT, THIRUVANANTHAPURAM 686 001. R1 & R2 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY R3 BY SR. GOVERNMENT PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20215/2011 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COVERING LETTER DTD. 28/01/2011 BY THE PRINCIPAL OF RAJAGIRI SCHOOL OF ENGINEERING & TECHNOLOGY. P2: COPY OF THE APPLICATION FOR AFFILIATION OF THE NEW COURSE IN MECHANICAL ENGINEERING (B.TECH) SUBMITTED ON 28/01/2011. P3: COPY OF THE LETTER DTD. 5/07/2011 FROM THE 1ST RESPONDENT. P4: COPY OF THE JUDGMENT DTD. 5586/2007 DTD. 3/04/2007 OF THIS HON'BLE COURT. P5: COPY OF THE ORDER DTD. 26/10/2009 IN WP(C) NO.30132 OF 2009 OF THIS HON.COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J --------------------------------------- W.P(C) No.20215 of 2011 ---------------------------------------- Dated this the 10th day of August, 2011. J U D G M E N T The petitioner is the Director of an Engineering College, which has applied for affiliation for additional batch in B.Tech in Mechanical Engineering. The University considered Ext.P2 application of the petitioner and by its letter dated 5.7.2011 to the 3rd respondent, recommended the application and issued Ext.P3 communication to the petitioner stating that they are awaiting the views of the Government. Even after waiting till now, there was no response from the Government and therefore the University has not taken any further action in the matter. It is in these circumstances the petitioner has filed this writ petition seeking a direction to the University to consider their application for affiliation, in the light of Ext.P4 judgment and Ext.P5 interim order of this Court, wherein it has been clarified that once the views are sought and if it is not forthcoming, the University is free to consider the W.P(C) No.20215 of 2011 2 application of the college. 2. On behalf of the University a statement has been filed explaining that the University is awaiting for the views of the Government in response to its letter dtd.5.7.2011. It is also pointed out that the communication from the AICTE, granting approval to the petitioner has not been received by the University. 3. As far as the AICTE approval is concerned the Senior counsel for the petitioner submits that the AICTE has already communicated its approval to the University and therefore the absence of communication from the AICTE no longer survives as an objection. In view of the submission is made, I direct that, if the University has received a communication from the AICTE as pointed out by the learned senior counsel for the petitioner, it is directed that the University will act upon the same. 4. In so far as the delay on the part of the 3rd respondent in communicating its views in response to the letter dtd.5.7.2011 of the University is concerned, this W.P(C) No.20215 of 2011 3 position is no more res integra. It has been clarified in Exts.P4 and P5 that the obligation of the University is only to seek the views of the Government and if the views are not forthcoming, it need not wait endlessly. Therefore, the University will proceed with Ext.P2 application of the petitioner. 5. In the aforesaid view of the matter, I dispose of this writ petition directing that the University shall consider Ext.P2 application in the light of the communication from the AICTE and pass orders thereon as expeditiously as possible, at any rate within three weeks from the date of production of a copy of this judgment. Sd/- ANTONY DOMINIC JUDGE //True Copy// P.A to Judge ab