Girideepam Institute Of Advanced vs Mahatma Gandhi University on 15 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4671 of 2008(F)


1. GIRIDEEPAM INSTITUTE OF ADVANCED
                      ...  Petitioner

                        Vs



1. MAHATMA GANDHI UNIVERSITY, REPRESENTED
                       ...       Respondent

2. THE VICE CHANCELLOR,

3. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.SANTHOSH MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :15/02/2008

 O R D E R
                                ANTONY DOMINIC, J.


               =============================


                            W.P.(C)NO.  4671 OF 2008


              ==============================


               DATED THIS THE  15TH DAY OF FEBRUARY 2008


                                      JUDGMENT

Exts.P1 and P2 are the applications made by the petitioner

seeking affiliation for starting the new courses mentioned therein.

Those applications were made in January 2006. The petitioner refers

to Ext.P4 and contends that by letter dated 31-5-2006 the University

had recommended to the Government of Kerala the courses

mentioned therein and are awaiting the views of the Government to

be communicated. Further, the petitioner submitted that it has

already taken almost two years and that even now the Government

has not conveyed their views in the matter.

2. In several cases this court has already taken the view that

the obligation of the University under Statute 9(7) of Chapter 23 of the

M.G.University Statute is to seek the views of the Government and

that even if within a reasonable time the views are not forthcoming,

the University is at liberty to consider the application on merits and

take a decision in the matter. In this case by letter dated 31-5-2006,

W.P.C. 4671/2008 -2-

the University has sought the views of the Government and even as of

now, there has not been any response in this matter. In view of

this, I do not think that there is any justification for awaiting the

views of the Government any more and in my view, the University

shall consider the applications, Exts.P1 & P2, and take a decision on

the request of the petitioner for affiliation of new courses mentioned

therein.

Accordingly, I dispose of the writ petition directing that the

respondent University shall consider Exts.P1 and P2 applications made

by the petitioner for affiliation of the new courses and take a final

decision in the matter. This shall be done as expeditiously as possible,

at any rate within two months from the date of production of a copy of

this judgment.

ks.                                           ANTONY DOMINIC, JUDGE


W.P.C. 4671/2008    -3-





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