IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 37510 of 2007(M) -------------------------- PETITIONER: ------------ AL-AMEEN EDUCATIONAL TRUST, EDAPPALLY, ALUVA REP. BY ITS SECRETARY SRI.M.M.ABDUL RAHMAN, MUNDAPPALLY HOUSE, CHEMBAKASSERRY ROAD, ALUVA. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, UNIVERSITY CAMPUS, KOTTAYAM. BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R2 GOVERNMENT PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 37510/2007. ------------------------------------------------------------------- EXT.P1 TRUE COPY OF LETTER DT. 31-5-2006. EXT.P2 JUDGMENT IN W.P.C.NO. 13172/2007. EXT.P3 REMINDER DT. 7-5-2007. EXT.P4 ORDER DT. 26-7-2007. EXT.P5 EXTRACT OF MINUTES OF MEETING DT. 18-7-2007. EXT.P6 REPRESENTATION DT. 20-8-2007. EXT.P7 UNIVERSITY ORDER DT. 17-11-2007. EXT.P8 UNIVERSITY ORDER DT. 31-10-2007. EXT.P9 JUDGMENT IN W.P.C.NO 2733/2007. RESPONDENTS' EXHIBITS: -------------------------------------- EXT.R2(a) LETTER DT. 3-8-2007. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 37510 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th August, 2008. J U D G M E N T The petitioner is a Trust running Al Ameen College, Edathala, which offers courses in several disciplines. They applied before the 2nd respondent-University for affiliation of four new courses, namely, B.A (Travel and Tourism), M.Sc. (Medical Bio-chemistry), M.Sc. (Bio- technology) and B.A (Communicative English). On their application, the University deputed an Inspection Commission who inspected the College as to the infrastructural facilities and other parameters regarding the eligibility for affiliation of these courses. By Ext. P1 communication, the Registrar of the University informed the Principal Secretary to the Government, Higher Education (B) Department, about the resolution of the Syndicate of the University to recommend to the Government to sanction to the petitioner's college, the above four courses, requesting for views of the Government on the same. Since nothing was done thereafter in respect of the same, the petitioner approached this Court by filing W.P(C) No. 13172/2007. In that writ petition, by Ext. P2 judgment, I held that it is not necessary to await the views of the Government in the matter and directed the University to consider the application for affiliation submitted by the petitioner and pass appropriate orders thereon within the period mentioned therein. Thereafter, by Ext. P4, the Registrar of the University informed the petitioner that the Standing Committee on affiliation has resolved to recommend to the Syndicate not to grant affiliation to new courses to the petitioner's college, since new colleges and courses can be permitted to be started only after a feasibility study. Ext. P4 is under challenge in this writ petition. 2. The petitioner would submit that after having recommended by Ext. P1 for sanction of new courses as early as on 31-5-2006, the University cannot now take a stand that a further feasibility study is W.P.C. No. 37510/2007. -: 2 :- necessary in the matter. The petitioner would also point out that as per Ext. P8, another college was granted affiliation. The petitioner therefore seeks the following reliefs in this writ petition: “i) Call for the records relating to Ext. P4 order dated 26-7- 2007 of the 2nd respondent and issue a writ of certiorari, other appropriate writ, order or direction quashing the same; ii) issue a writ of mandamus, other appropriate writ, order directing the 2nd respondent University to grant affiliation to the courses applied for by the petitioner and as recommended by the University in Al Ameen College, Edathala, Aluva without waiting further sanction/approval of the Government.” 3. A counter affidavit has been filed by the University along with which Ext. R2(a) communication from the Additional Chief Secretary to the Government of Kerala has been forwarded to the Registrar of the University informing the University and other Universities that the specific view of the Government is not to grant new colleges, new courses and increase in intake in existing courses until a comprehensive study as to their requirement is made. The University would therefore submit that without concurrence from the Government of Kerala, no new courses can be granted to the petitioner. 4. I have considered the rival contentions in detail. 5. As early as in 2006, admittedly, the Syndicate of the University had resolved to recommend to the Government to sanction four new courses to the petitioner's college for the year 2006-2007. That decision of the Syndicate was communicated to the Government by Ext. P1 for their views. The Government did not respond to the same for a long period. Therefore, the petitioner approached this Court and obtained Ext. P2 judgment wherein I had directed the University to consider the application for affiliation submitted by the University without waiting for the views of the Government in the matter. Neither the University nor the Government has chosen to W.P.C. No. 37510/2007. -: 3 :- challenge Ext. P2 and the same has become final. It is three months thereafter that Ext. R2(a) has been issued by the Government to the University . Since Ext. P2 judgment is binding on the University, they cannot any longer rely on Ext. R2(a) communication from the Government in the matter. That being so, the University cannot rely on Ext. R2(a) to deny affiliation to the four courses for which the petitioner has applied. The University has no other objections against granting affiliation to the petitioner for those courses. In fact, as is evident from Ext. P1, they themselves have recommended starting of those courses. That being so, the University is bound to grant affiliation to the four courses to the petitioner's college. Accordingly, the writ petition is allowed. Ext. P4 is quashed. The 2nd respondent-University is directed to grant affiliation to the petitioner's college for starting the four courses detailed above. Orders in this regard shall be passed within one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/