High Court Kerala High Court

The Muslim Educational Society … vs State Of Kerala on 31 January, 2007

Kerala High Court
The Muslim Educational Society … vs State Of Kerala on 31 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 2733 of 2007(A)


1. THE MUSLIM EDUCATIONAL SOCIETY (REGD.),
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. MAHATMA GANDHI UNIVERSITY,

                For Petitioner  :SRI.A.A.ABUL HASSAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :31/01/2007

 O R D E R
               THOTTATHIL B.RADHAKRISHNAN, J

                       -------------------------------------------

                          W.P(C).No.2733 OF 2007

                       -------------------------------------------

                Dated this the 31st day of January, 2007




                                   JUDGMENT

Heard learned counsel for the petitioner and learned

Standing Counsel for the second respondent.

2. Exts.P1 and P2, though dated 17.1.2006, it is pointed out

by the learned counsel for the petitioner and the University that

those letters are dated 17.1.2007. Those communications and

Exts.P3 and P4 would show that as per letter dated 31.5.2006,

the second respondent University had addressed the first

respondent Government to express their views, if any, in the

matter relating to grant of affiliation for new courses to the

petitioner. With the passage of time, as of now, nearly seven

months have elapsed and there is no response on the part of the

Government. Therefore, it can be assumed that the Government

does not have any objection in the decision of the University to

grant affiliation for the courses, as sought for by the petitioner.

WPC.2733/07

Page numbers

3. Going by the decisions of this Court in Exts.P5 and P6, to

which I am in respectful agreement, the views of the

Government are required only to ascertain the educational needs

and such views are to be communicated to the University. This

proposition of law is squarely covered in the decision reported in

Jaya Gokul Educational Trust v. Commissioner & Secretary

to Government {2000 (2) KLT 267 (SC)}. Though that

decision is in the realm of recognition in the field of AICTE,

there is no reason why the ratio of that decision cannot be

applied to the fact situation in hand. In view of the aforesaid

principle, any statute/law governing the University which

requires the University to get the views of the Government on

such a matter will have to be understood as only seeking the

views of the Government and not one of approval, as rightly laid

down in Ext.P5 judgment.

4. In the aforesaid circumstances, it is directed that the

second respondent University will treat that the first respondent

Government has no objection to the affiliation being granted for

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Page numbers

the courses as sought for by the petitioner. Accordingly, the

request of the petitioner to grant affiliation to the courses

applied for by it, as referred to among the reliefs sought for in

this writ petition, will be granted if otherwise entitled to, within

a period of three weeks from the date of receipt of a copy of this

judgment.

THOTTATHIL B.RADHAKRISHNAN

Judge

kkb.