INTERNATIONAL MARITIME ACADEMY Vs. INDIAN MARITIME UNIVERSITY

JUDGEMENT

(1.) THIS writ petition is directed against the order of the respondent University dated 17.7.2009 and for consequential direction to grant provisional affiliation to the petitioner Institution for the commencement of Four year course in B.E. (Naval Architecture and Ocean Engineering) and fill up the approved seats.

(2.) THE petitioner Academy viz., International Maritime Academy was established in the year 2000 and the Academy has been awarded certificate for quality training by the Indian Registrar of Quality Systems (IRQS) with ISO 9001-2000 and out of 120 Maritime Institutions in India, the petitioner has been awarded 'very good' status by the Investment Information Credit Rating Analysis (ICRA). As one among 15 Institutions, the petitioner Academy is at present having 560 students.

(3.) IT is also stated that the respondent University itself has granted affiliation to the National Ship Design Research Centre (NSDRC), Visakhapatnam, as it is a constituent college for conducting the said course. Therefore, the reason assigned in the impugned order for rejecting the application that it is required to be placed before the Planning Board/Academic Council for deliberation is not correct. IT is stated that 150 students who are qualified with CET examinations are waiting to join and therefore, the rejection of the application of the petitioner Academy is a discrimination while the respondent University has granted affiliation to one of its constituent colleges. The impugned order is challenged on the ground that it is discriminatory, violative of Article 19(1)(g) of the Constitution of India and arbitrary since no show-cause notice was given before rejecting the application and it is mala fide.