IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 29736 of 2008(M) -------------------------- PETITIONERS: ------------------ 1. MOUNT ZION COLLEGE OF ENGINEERING KADAMMANITTA, PATHANAMTHITTA, REPRESENTED BY ITS MANAGER, CHAIRMAN, CHARITABLE EDUCATION, AND WELFARE SOCEITY, KADAMANITTA,PATHANAMTHITTA. 2. THE PRINCIPAL MOUNT ZION COLLEGE OF ENGINEERING KADAMMANITTA, PATHANAMTHITTA. BY ADV. SRI.T.S.JOHN RESPONDENTS: -------------------- 1. PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION, THIRUVANANTHAPURAM. 2. COMMISSIONER ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS THIRUVANANTHAPURAM. 3. REGISTRAR MAHATMA GANDHI UNIVERSITY, PRIYA DARSINI HILLS KOTTAYAM. BY ADV. SRI. T.A. SHAJI, SC-MGUTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.29736 of 2008 -------------------------- Dated this the 14th October, 2008 J U D G M E N T First petitioner, who is a Self Financing College, has sought for approval of the college so started in the year 2001-02, as per Exhibit P1 order. It has the approval of AICTE and as per Exhibit P1 order it has been granted affiliation by the University also. It sought for approval of the AICTE for starting certain new courses and as per Exhibit P2 such approval is granted on 17.7.2008 with the revised intake for the year 2008-2009 in respect to the existing courses and intake of 60 students in 'MCA' Course. Thereafter, Exhibit P5 application was submitted before the University for affiliation in respect of the course MCA for the academic year 2008-2009. Orders are yet to be passed by the University in this regard and hence the writ petition. 2. Learned counsel for the petitioner Sri. T.S John submits that the University is bound to grant affiliation W.P ( C) No.29736 of 2008 2 going by the recent decision of the Full Bench of this Court in Vikram Sarabhai.E.Trust & B.Ed College Vs. University of Calicut [2008(2) KLT 1027]. 3. I heard Sri.T.A Shaji, learned standing counsel for the 3rd respondent also. 4. Learned counsel for the petitioner refers to clause 1, 12 and 19 of the Mahatma Gandhi University Statutes. Decision has to be taken by the University as regards the affiliation. This should be done in accordance with law keeping in mind the dictum laid down by the Full Bench in the aforementioned decision. In the result, the writ petition is disposed of directing the 3rd respondent University to take a decision on Exhibit P5 application, at the earliest, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. It is made clear that if the Syndicate of the University does not meet within the aforesaid time, it is open to the Vice Chancellor to take a decision on Exhibit- P5. (V.GIRI,JUDGE) ma W.P ( C) No.29736 of 2008 3 W.P ( C) No.29736 of 2008 4