IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 25697 of 2011(J) -------------------------- PETITIONER(S): ------------------------- MAR BASELIOS COLLEGE OF ENGINEERING & TECHNOLOGY, MAR IVANIOS VIDYA NAGAR, NALANCHIRA P.O., THIRUVANANTHAPURAM, KERALA, SOUTH INDIA, REP. BY ITS MANAGER FR.WILSON THATTARUTHUNDATHI, BURSAR. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.RAFEEK. V.K. SRI.SEBIN THOMAS SRI.RAJAN VELLOTH SRI.PRATHAP PILLAI SRI.M.NOOHUKUNJU SAHIB RESPONDENT(S): ------------------------ 1. UNIVERSITY OF KERALA, KERALA UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM REPRESENTED BY ITS REGISTRAR, PIN - 695 001. 2. STANDING COMMITTEE ON AFFILIATION OF THE SYNDICATE, UNIVERSITY OF KERALA, KERALA UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM PIN - 695 001. 3. THE SYNDICATE, UNIVERSITY OF KERALA, KERALA UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM REPRESENTED BY VICE CHANCELLOR, UNIVERSITY OF KERALA, PIN - 695 001. SRI.M.RAJAGOPALAN NAIR, SC FOR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25697/11 APPENDIX PETITIONER'S EXHIBITS EXT.P-1 TRUE COPY OF APPLICATION DATED 26.08.2009 EXT.P-2 TRUE COPY OF THE ORDER DATED 23.08.2010 EXT.P-3 TRUE COPY OF THE LETTER DATED 13.09.2010 OF AICTE EXT.P-4 TRUE COPY OF THE REPRESENTATION DATED 26.10.2010 OF THE PETITIONER. EXT.P-5 TRUE COPY OF THE LETTER DATED 06.04.2011 TO THE 3RD RESPONDENT BY THE PETITIONER. EXT.P-6 TRUE COPY OF THE LETTER DATED 21.05.2011 FROM THE 1ST RESPONDENT. EXT.P-7 TRUE COPY OF THE ORDER DATED 08.07.2011 EXT.P-8 TRUE COPY OF THE ORDER DATED 05.09.2011 RESPONDENTS' EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 25697 OF 2011 ===================== Dated this the 10th day of October, 2011 J U D G M E N T Petitioner is a Self Financing Engineering College affiliated to the 1st respondent University. According to the petitioner, on the strength of approval granted by the AICTE, they submitted Ext.P1 application to the University seeking affiliation for two M.Tech Courses namely Electronics and Communication Engineering (Telecommunication Engineering) and Electronics Engineering (Power Control and Drives) for the academic year 2010-11. It is stated that the University conducted inspection of the college in December, 2009. However, orders of affiliation were not passed despite Exts.P4 and P5 reminders. Finally the decision taken by the Syndicate of the University on 25/2/2010 to reject the petitioner's application for affiliation, on the ground that the scheme and the syllabus of the courses in question were not approved, was conveyed to the petitioner by Ext.P6 dated 21/5/11. Subsequently, by Ext.P7, the University also approved the scheme and syllabus of the Courses in question and the AICTE also issued Ext.P8 extending the period of approval for the WPC No. 25697/11 :2 : academic year 2011-12 as well. 2. The grievance of the petitioner is that in view of the delay in communicating the University's decision as per Ext.P6, the petitioner could not make application for affiliation for the academic year 2011-12 and that subsequent to Ext.P8, the University declined to issue application on the ground that the time specified for submission of applications have expired. It is complaining of the above, this writ petition has been filed with the following prayers:- “i) issue a writ of mandamus or other appropriate writ, order or direction directing respondents to treat and consider the Ext.P1 application for affiliation as one submitted for the academic year 2011-2012 and consider granting of affiliation for a) the M.Tech Degree Programme in Electronics and Communication Engineering with specialization and b) M.Tech Degree Programme in Electronics Engineering with specialization in Power Control and Drives for the academic year 2011- 12. ii) issue a writ of mandamus or other appropriate writ, order or direction directing respondents to provide the petitioner with application for affiliation for the year 2011- 2012 and receive the said application and consider granting of affiliation for a) the M.Tech Degree Programme in Electronics and Communication Engineering with specialization and b) M.Tech Degree Programme in Electronics Engineering with specialization in Power control and Drives the said Courses for the academic year 2011-2012.” 3. I heard the learned counsel for the petitioner and also WPC No. 25697/11 :3 : the standing counsel appearing for the respondents. True, there has been a delay on the part of the University in communicating its decision to reject the application of the petitioner. However, fact remains that, as at present, the infrastructure provided by the petitioner was inspected by the University and the University has approved the scheme and syllabus of the courses in question and the AICTE has also extended the approval for the academic year 2011-12 as per Ext.P8. In such circumstances, in view of the principles laid down by the Apex Court in State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya {(2006) 9 SCC 1}, the University could not have declined the petitioner's request for issuance of application for affiliation. 4. Therefore, there will be a direction to the respondent University to issue application form to the petitioner enabling him to make application seeking affiliation for the M.Tech Courses covered by Ext.P8. Once the application is so issued, it will be open to the petitioner to submit his application accompanied by relevant documents, which if submitted, a final decision in the matter will be taken by the University as expeditiously as possible at any rate within 4 weeks thereafter. WPC No. 25697/11 :4 : Petitioner to produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp