CHRISTIAN EDUCATIONAL TRUST KOLENCHERRY Vs. M G UNIVERSITY

JUDGEMENT

(1.) This is the 3rd or 4th round of litigation being pursued by the petitioners in these cases to secure affiliation from the respondent University for starting a new college/course. The application was being turned down by the University due to some or other reason, which according to the petitioners, is only with malafide exercise of power. For convenience of reference to the sequence of events, W.P.(C) No. 30048 of 2008 is treated as the lead case.

(2.) The petitioner in W.P.(C) 30048 of 2008 sought for the affiliation of the University to start a new college conducting B.Com with Computer Application and such other courses simultaneously submitting all the relevant testimonials in connection with the application. After considering the application dated 26.09.2005 with respect to the year 2006 and 2007, the University as per Exhibit P1 order dated 31.01.2007 informed the petitioner that the University has recommended the course to the AICTE and the Government of Kerala and that affiliation would be granted only after the sanction/approval from the Government/AICTE and after fulfilling all the conditions by the University with regard to the affiliation.

(3.) The stand taken by the University deferring the affiliation and that too, after taking steps for approval of the Government was challenged by the petitioner in W.P.(C) No. 3827 of 2007, wherein Exhibit P2 interim order was passed directing the University to consider the question of affiliation without waiting for the views of the Government. In response to the above interim order, Exhibit P3 proceedings were issued by the University stating that the academic year 2006 - 2007 for which the affiliation was sought for, was already over and hence the University was not in a position to grant affiliation for the said period. Subsequently, the above writ petition was finally heard by this Court passing Exhibit PA judgment, whereby the University was directed to consider the application already submitted by the petitioner for the subsequent year 2007 - 2008 as well, without insisting on the payment of affiliation fee once again. After considering the matter, the University passed Exhibit P5 proceedings holding that the Syndicate Standing Committee on Affiliation held on 09.08.2007 resolved to recommend to the Syndicate, not to consider the application for starting new colleges as the Committee suggested a feasibility study before starting new colleges/courses.