IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 35902 of 2009(G) ----------------------------------------- PETITIONER(S): ---------------------- SIBGA ARTS AND SCIENCE COLLEGE, IRIKKU.P.O, KALLIAD, KANNUR DISTRICT, REPRESENTED BY ITS MANAGER. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.T.P.SAJID SMT.P.S.MAHESWARI SMT.P.VANDANA RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KANNUR. R1 BY GOVT. PLEADER SMT.N.SUDHA DEVI R2 BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 35902/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 14.2.05 ISSUED BY THE IST RESPONDENT. P2:- COPY OF THE APPLICATION DTD. 27.12.07 SUBMITTED BY THE PRINCIPAL OF THE COLLEGE. P3:- COPY OF THE CHEQUE DTD. 28.12.07 FOR AN AMOUNT OF RS. 10,000/0 DRAWN IN FAVOUR OF FINANCE OFFICER, 2ND RESPONDENT UNIVERSITY. P4:- COPY OF THE JUDGMENT DTD. 14.8.08 IN WPC. 1`5645/08 OF THIS HONOURABLE COURT. P5:- COPY OF THE JUDGMENT DTD. 28.10.08. IN WPC. 27430/08 OF THIS HONOURABLE COURT. P6:- COPY OF THE ORDER NO.ACAD/A1/NC&C/08-09 DTD. 20.5.09 INDICATING THE GRANTING OF PROVISIONAL AFFILIATION OF BBM, BCA, WITH TECHNICAL ENGLISH, B.A. ENGLISH WITH ENGLISH FICTION AND JOURNALISM (SUBJECT). P7:- COPY OF THE JUDGMENT DTD. 28.5.09 IN COC NO.354/09 OF THIS HONOURABLE COURT. P8:- COPY OF THE LETTER DTD. 10.7.09 SEND BY THE PETITIONER TO THE 2ND RESPONDENT. P9:- COPY OF THE CREDIT INVOICE ISSUED BY ATHULYA BOOKS, V.K. COMPLEX, FORT ROAD, KANNUR IN FAVOUR OF THE PRINCIPAL , SIBGA, IRIKKUR IS COLLECTIVELY. P10:- COPY OF THE CREDIT INVOICE ISSUED BY COSMO BOOKS, A1-AMEEN BUILDING, RAILWAY STATION LINK ROAD, CALICUT IN FAVOUR OF THE PRINCIPAL , SIBGA, IRIKKUR IS COLLECTIVELY. P11:- COPY OF THE CREDIT INVOICE ISSUED BY CURRENT BOOKS, NOOR COMPLEX, MAVOOR ROAD, CALICUT IN FAVOUR OF THE PRINCIPAL, SIBGA, IRIKKUR IS COLLECTIVELY. P12:- COPY OF THE CREDIT INVOICE ISSUED BY SAMAYAM BOOKS, CITY CENTRE, FORT ROAD, KANNUR IN FAVOUR OF THE PRINCIPAL, SIBGA , IRIKKUR IS COLLECTIVELY. P13:- COPY OF THE CREDIT BILL ISSUED BY INFORMA SYSTEMS, JUBILEE BAZAAR, ONDEN ROAD, KANNUR IN FAVOUR OF THE PRINCIPAL, SIBGA , IRIKKUR INDICATING THE FACT OF PURCHASE OF THE COMPUTER. P14:- COPY OF THE NEWS PAPER REPORT DATE 9.7.08 PUBLISHED IN INDIAN EXPRESS DAILY. W.P.(C) NO.35902/2009 P15:- COPY OF THE SIMILAR NEWS ITEM THAT APPEARED IN MALAYALA MANORAMA ON 9.7.09. P16:- COPY OF THE SAID CIRCULAR NO . 22435/J2/08/A. EDN. DTD. 25.7.08 OF THE IST P17:- COPY OF THE LETTER ISSUED BY THE PETITIOENR DTD. 20.8.09. P18:- COPY OF THE LETTER DTD. 30.10.09 SENT BY RESPONDENT. P19:- COPY OF THE LETTER ADDRESSED TO THE REGISTRAR, KANNUR UNIVERSITY BY THE PRINCIPAL OF PETITIONER COLLEGE ALONG WITH FIXED DEPOSIT RECEIPT. P20:- COPY OF THE LETTER ALONG WITH CHELLAN. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE CIRCULAR ISSUED BY THE IST RESPONDENT DTD. 25.7.08. R2(b):- COPY OF THE LETTER ISSUED BY THE PRINCIPAL SECRETARY TO THIS RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35902/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of October, 2010 J U D G M E N T The petitioner herein is aggrieved by the denial of affiliation for M.Com course as per Ext.P6. 2. The petitioner is a Self Financing College in Kannur District run by a charitable trust represented by its Manager. The college was started on 27/07/2005 with the courses B.Sc Physics with Computer Science and Chemistry, B.Sc Chemistry with Physics and Computer Science and B.Com with Computer Applications. The college is affiliated to the second respondent-University. 3. In the academic year 2008, the petitioner applied for getting additional affiliation for four courses, namely, BBM; BCA (with Technical English); B.A (English) with English Fiction & Journalism (Sub) and; M.Com. Ext.P2 is the true copy of the application. An inspection Commission was appointed and, finally, by Ext.P6 all the courses except M.Com have been granted affiliation. The application was disposed of in the light of the directions issued in W.P.(C).No.27430/2008. The petitioner was constrained to file C.O.C.No.354/2009 which was disposed of by Ext.P7 wherein this Court directed the University to W.P.(C). No.35902/2009 -:2:- furnish a report of the Inspection Commission on application. 4. It appears that the defect to be rectified was regarding the books and computers which according to the petitioner have already been made available and Exts.P9 to P13 documents have been produced in support of the above contention. It is pointed out in the writ petition that even though the University informed that an inspection team will be sent, that did not materialise. 5. The University has filed a counter affidavit and the petitioner has filed a reply affidavit also. 6. Heard both sides. The learned Standing Counsel for the University submitted that the petitioner had to furnish Financial Guarantee and rectify the defects pointed out by the Inspection Committee. The learned counsel for the petitioner submitted that the Financial Guarantee has already been furnished as evident from Ext.P19 in April 2010. The same was furnished after filing of the writ petition and the learned Standing Counsel for the second respondent submitted that they have received the Financial Guarantee. 7. Therefore, what remains is the conduct of inspection by an Inspection Commission to assess the W.P.(C). No.35902/2009 -:3:- facilities. The learned Standing Counsel for the University also submitted that the petitioner may have to submit a further application seeking affiliation. Therefore, the petitioner will file an application in continuation of the application already submitted as per Ext.P2 within a period of three weeks from today and, thereafter the University will take steps to conduct an inspection by a duly appointed Inspection Commission. Further action in this regard will be finalised within a further period of two months. All efforts will be taken to complete the other formalities within a stipulated time. The writ petition is accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) ms