UNIVERSITY OF KERALA Vs. SNEHACHARYA INSTITUTE OF MANAGEMENT

JUDGEMENT

(1.) The above writ appeals are instituted against a common judgment of the Single Judge in W (C) No.23782/2019 and 23783/2019, dated 26th September, 2019. The University of Kerala and its officers, who are the respondents 3 to 5 in the writ petitions, are the appellants herein. The 1st respondent institution is the writ petitioner. The respondents 2 to 4 in both the appeals are the respondents 1, 2 and 6 in the writ petitions.

(2.) In W.P (C) No.23782/2019, the 1 st respondent/writ petitioner sought for a mandamus against the university to issue affiliation for the additional intake of 60 students for the course, "Bachelor Hotel Management and Catering Technology (BHMCT)". Similarly in W.P (C) No.23783/2019 the relief was to direct the university to grant affiliation for starting the course of "Bachelor of Vocation in Food Processing Course (B. Voc (Food Processing)". In the said writ petition, relief was also sought to quash Ext.P4 communication issued by the Registrar of the university rejecting the affiliation for the B.Voc (Food Processing) course for the academic year 2018-2019

(3.) Brief history of the case is that, the All India Council for Technical Education (AICTE) had granted approval for the institute to start BHMCT course for the academic year 2019- 2010, with an intake of 180 students. On the basis of approval of the AICTE, the writ petitioner institution approached the appellant university seeking affiliation for the increased intake of 180 students for the said course. Through Ext.P7 proceedings issued by the university on 29-06-2019, conditional affiliation was granted for additional batch of only 60 students for the course of BHMCT, for the academic year 2019-2020. The university had declined affiliation for the total strength of intake approved by the AICTE. This resulted in the institution approaching this court in W.P (C) No.13004/2019. In the said writ petition this court directed an inspection to be conducted by the university with respect to the deficiencies pointed out in the letter given while declining the affiliation for the entire capacity of intake as approved by AICTE. Even after conducting such an inspection, the university pointed out certain deficiencies in the infrastructural facilities and not granted affiliation to the additional intake of 60 students. This was under challenge in W.P (C) 23782/2019.