IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24906 of 2011(K) -------------------------- PETITIONER(S): ---------------------- THE CHAIRMAN, SCMS SCHOOL OF ENGINEERING & TECHNOLOGY, KARUKUTTY, ERNAKULAM DISTRICT. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM SRI.MATHEW K. SIMON RESPONDENT(S): ------------------------ 1. M.G.UNIVERSITY, REP.BY CHIEF REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM-686 660. 2. THE VICE CHANCELLOR, M.G.UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM-686 660. 3. STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPT., GOVT.SECRETARIAT, THIRUVANANTHAPURAM.695 001. SRI.T.A.SHAJI, SC FOR UNIVERSITY SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24906/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE APPLICATION FORM FOR STARTING POST GRADUATE COURSES DATED 8.7.11. EXT.P2: TRUE COPY OF THE ORDER DATED 1.9.11 ISSUED BY THE AICTE. EXT.P3: TRUE COPY OF THE LETTER DATED 17.9.11 FROM THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF THE JUDGMENT DATED 10.8.11 IN WPC NO.20215/11 OF THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 24906 OF 2011 ===================== Dated this the 20th day of September, 2011 J U D G M E N T Petitioner is the Chairman and Manager of a Self Financing Engineering College, which is affiliated to the 1st respondent University. On an application made by them, AICTE granted them approval for starting a Post Graduate Course of M.Tech in Mechanical Engineering. Ext.P2 is the communication in this regard. 2. Meanwhile, petitioner submitted Ext.P1 application to the University for affiliation of the aforesaid Post Graduate Course. University on its part inspected the facilities in the college and on being satisfied of the infrastructure provided, recommended to the Government and sought its NOC. This was communicated to the petitioner by Ext.P3 dated 17/9/11. It is at that stage the petitioner has approached this Court seeking a direction to the University to grant affiliation without awaiting for NOC from the Government. 3. Several writ petitions of similar nature have been disposed of by this Court and one such judgment is Ext.P4, where WPC No. 24906/11 :2 : it has been held that, once views of the Government are sought and if the same is not forthcoming despite lapse reasonable time, the University shall take a decision on the application made by the College. In this case, the views of the Government have been sought by the University as per its letter dated 12/9/11. Therefore, on the expiry of a reasonable period, if there is no response forthcoming from the 3rd respondent, the University is free to take a decision on Ext.P1 application made by the petitioner in the light of the documents produced. Therefore, I dispose of this writ petition directing that even if the views of the Government are not forthcoming, the 1st respondent shall take a decision on Ext.P1 at any rate within 4 weeks of receipt of a copy of this judgment along with a copy of the writ petition. ANTONY DOMINIC, JUDGE Rp