IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 31420 of 2010(B) ---------------------------------- PETITIONER(S): ------------------- 1. ERNAKULATHAPPAN CHARITABLE EDUCATIONAL TRUST, KRISHNALAYAM, 28/1031, RAMASWAMY IYER COLONY, S.A.ROAD, COCHIN - 36, REPRESENTED BY ITS CHAIRMAN - DR.VENKITARAMAN P.R 2. NIRMALA EDUCATIONAL TRUST, KUNNAPILLY, MELOOR, CHALAKKUDY, REPRESENTED BY ITS CHAIRMAN CUM MANAGING TRUSTEE - SAJEEVVATTOLY. BY ADVS. SRI.V.V.ASOKAN SRI.K.I.MAYANKUTTY MATHER SRI.R.JAIKRISHNA RESPONDENT(S): --------------------- 1. DIRECTOR OF TECHNICAL EDUCATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 2. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY, THENHIPALAM, MALAPPURAM DISTRICT. 3. CONTROLLER OF ENTRANCE EXAMINATIONS, TECHNICAL EDUCATION DEPARTMENT, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM 695 001. 4. GOVERNMENT OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 5. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REPRESENTED BY ITS CHAIRMAN, 7TH FLOOR, CHANDRALOK BUILDING, JANPATH, NEW DELHI - 110 001. R1, R3 & R4 BY GOVT. PLEADER SRI.DILEEP MOHAN R2 BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. R5 BY ADV.SRI.S.KRISHNAMOORTHY, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 31420 of 2010 B ``````````````````````````````````````````````````````` Dated this the 16th day of November, 2010 J U D G M E N T This writ petition has been filed by two Trusts, initially for directing the first respondent to include them in the list of Colleges for the purpose of allotment of students for B.Tech course. 2. Briefly stated facts are that, in January, 2010, petitioners applied to the AICTE for letter of approval for the purpose of establishing Engineering Colleges. It is stated that, in April, 2010, the Scrutiny Committee processed their applications and in May, 2010, the Expert Committee visited the infrastructural facilities provided by the petitioners. In the report submitted, certain defects were noted by the Expert Committee. Aggrieved by the defects, petitioners filed appeals and in the meantime, rectified the defects also. Accordingly, on the basis of the recommendation of the Appellate Committee, the Regional Committee considered the W.P.(C) No.31420/10 : 2 : appeals made by the petitioners. Thereafter, the Regional Committee passed Exts.P2 and P2(a) proceedings, recommending approval. On the basis of Exts.P2 and P2(a), the petitioners were also included in Ext.P3 list. On the basis of Ext.P3, though the petitioners deposited Rs.35 lacs each, towards the fee prescribed by the AICTE, approval was finally rejected. The rejection order was challenged in W.P.(C) No.24975/2010 and connected cases. The writ petitions were heard by this Court and, by Ext.P4 judgment, the writ petitions were disposed of, setting aside the decision of the AICTE and directing the AICTE to issue letter of approval to the petitioners within two weeks. Writ Appeals were filed by the AICTE and in the Writ Appeals, Ext.P8 interim order was passed by this Court, directing that the AICTE shall comply with the judgment but, however, subject to the final order in the Writ Appeals. Liberty was also given to the AICTE to conduct fresh inspection. It was at that stage, this writ petition was filed seeking a direction to the first respondent to include W.P.(C) No.31420/10 : 3 : the petitioners also among the list of Colleges for allotment of students for admission to B.Tech Engineering Course. 3. A counter affidavit was filed by the State and the University. According to the State, only those Colleges, which are affiliated to the concerned University, are included in the list published by them for allotment of students. The University also filed a counter affidavit, contending that an application was initially filed by the petitioners, seeking affiliation and that after inspection, due to lack of facilities and for want of letter of approval issued by the AICTE, the applications made for affiliation were rejected. 4. During the pendency of this writ petition, the AICTE, after fresh inspection, issued Exts.P9 and P10 letters of approval, on 01-11-2010. Therefore, at this stage, what is required is that the petitioners should obtain affiliation to the respondent University. 5. Although it is true that initially the petitioners had applied to the respondent University for affiliation, fact W.P.(C) No.31420/10 : 4 : remains that such applications made by the petitioners were rejected by the University for want of letter of approval and for other reasons. Now that by Exts.P9 and P10, letters of approval have been granted by the AICTE, and if they satisfy all other requirements, it is for the petitioners to submit applications and obtain affiliation from the respondent University. Unless that process is completed, Government cannot be directed to include the petitioners in the list of Colleges published by them for allotment of students for B.Tech course. 6. There is nothing on record to conclude that after obtaining Exts.P9 and P10, petitioners have made any such application to the University for affiliation. Therefore, at this stage, the only relief the petitioners can ask for is that if they make applications for affiliation, accompanied by all records, the University shall consider the applications and pass orders thereon, in accordance with law, as expeditiously as possible. 7. Therefore, writ petition is disposed of, directing that W.P.(C) No.31420/10 : 5 : it will be open to the petitioners to submit their applications, seeking affiliation of the University, in which event, the University shall process the same and after completing all formalities, pass orders thereon, at any rate, within four weeks of receipt of the applications. Needless to say that if the petitioners succeed in getting affiliation, it will be open to the petitioners to move the Government for allotment of students. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge