IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 790 of 2011(W) ------------------------------------- PETITIONER(S): ------------------------ THE MANAGER, VISWAJYOTHI COLLEGE OF ENGINEERING & TECHNOLG, VAZHAKKULAM, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE, BY ADV. SRI.TONY GEORGE KANNANTHANAM, SRI.MATHEW K. SIMON. RESPONDENT(S): ---------------------------- 1. THE MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR, PRIYADARSINI HILLS, KOTTAYAM. PIN-686 560. 2. THE VICE CHANCELLOR, M.G.UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM-686 560. R1 & R2 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 790 of 2011 W ``````````````````````````````````````````````````````` Dated this the 28th day of January, 2011 J U D G M E N T Petitioner is a Self Financing Engineering College affiliated to the first respondent University. After obtaining necessary orders from the AICTE, petitioner applied to the respondent University for affiliation to an additional course in B.Tech Civil Engineering. Pursuant to the directions in Ext.P4 judgment in W.P.(C) No.36152/2010, the University considered the request of the petitioner and has issued Ext.P5 order dated 05-01-2011, granting affiliation but, however, imposing a condition that classes shall be commenced during the ensuing academic year 2011-2012 only. It is aggrieved by this condition in Ext.P5, the writ petition is filed. 2. The contention raised by the senior counsel for the petitioner is that though the petitioner does not intend to grant admission to the students from open market, it wanted to start W.P.(C) No.790/2011 : 2 : classes this academic year itself by transferring students who are already admitted in the first year classes in other disciplines. It is submitted that since the subjects taught in the first year courses are common for all disciplines of B.Tech, no prejudice will be caused if the petitioner is permitted to commence classes with students already admitted in other disciplines, during the current academic year itself. According to the College, they should commence classes this year itself for the reason that sanction according by the AICTE is for the current academic year only. 3. The Standing Counsel appearing for the University fairly submits that the University imposed the aforesaid condition to ensure that the minimum instructional classes are conducted by the college. It is submitted that since the academic year has already commenced, it will be possible only if the classes are commenced from the academic year 2011-2012. It is submitted that the University could not have contemplated a situation where students already admitted are W.P.(C) No.790/2011 : 3 : transferred at the time when Ext.P5 was issued and, therefore, if the petitioner has such a case, it is open to the petitioner to bring it to the notice of the University so that the University will consider the request and take appropriate decision in the matter. 4. Admittedly, subjects taught for all first year B.Tech students, irrespective of the disciplines in which they are admitted, are common. Therefore, if as stated by the petitioner, students who have been already granted admission in other disciplines are desirous of changing their discipline to B.Tech (Civil), and if the petitioner confines admission only to such students, there should not be any difficulty in permitting the petitioner to commence classes this year itself. I take this view for the reason that if such permission is granted, it will not in any manner, affect the requirements of minimum instructional classes. In that view of the matter, prima facie, I see no reason why the petitioner should not be permitted to go ahead with classes this academic year itself on that basis. W.P.(C) No.790/2011 : 4 : Be that as it may, fact remains that this situation could not have been contemplated by the University at the time when Ext.P5 order of affiliation was issued. 5. Therefore, I direct that along with a copy of this judgment, petitioner will make a formal representation to the Vice Chairman of the University, who thereupon will pass orders on the request of the petitioner in the light of the observations hereinabove. If such an application is made, orders thereon will be passed, at any rate, within seven days of its receipt. 6. Although there is a challenge against clause 8 of Ext.P5 order, that issue does not arise for consideration now and, therefore, this contention of the petitioner is left open. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge