IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2511 of 2011(L)
1. KERALA CO-OP.HOSPITALS FEDERATION LTD
... Petitioner
Vs
1. KERALA UNIVERSITY OF HEALTH AND ALLIED
... Respondent
For Petitioner :SRI.C.P.MOHAMMED NIAS
For Respondent :SRI.P.SREEKUMAR
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :03/02/2011
O R D E R
ANTONY DOMINIC, J.
--------------------------------------------------
W.P.(C) NO.2511 OF 2011(L)
--------------------------------------------------
Dated this the 3rd day of February, 2011
J U D G M E N T
The complaint of the petitioner is that in spite of having
made application dated 16.6.2010 for continued provisional
affiliation for their college for the academic year 2010-2011,
orders have not been passed by the respondent University so far.
2. Standing Counsel appearing for the respondent
University submits that on receipt of the application dated
16.6.2010 from the petitioner, the application was forwarded to
the Kannur University, to which the College was affiliated, for their
remarks. It is stated that reply received from the University was
that for non-payment of the required fee, continued affiliation was
not granted for the academic year 2009-2010. According to
counsel, since the petitioner did not have continued provisional
affiliation for the previous academic year, there is no question of
passing orders granting continued provisional affiliation for the
academic year 2010-2011.
3. Thereupon the learned counsel for the petitioner
invited my attention to Ext.P2 order rendered by this court in
WPC.No. 2511/2011
:2 :
Contempt Case No. 239/2009 which was filed complaining of non-
compliance of the directions in Ext.P1 judgment. This order
shows that this court ordered that the parties, viz., the petitioner
and the Kannur University, shall proceed on the premise that
there is provisional affiliation to the petitioner for the academic
year 2009-2010 also. Such an order was passed in view of the
declaration granted by this Court in Ext.P1 judgment.
4. It is also submitted that soon after the filing of this writ
Petition, on 24.1.2010, petitioner received a communication from
the Kannur University informing them about the non-payment of
the fee for continued affiliation for the academic year 2009-2010
and that there upon under cover of their letter dated 28.1.2011
itself, the required fee has been remitted. Copy of the letter dated
28.1.2011 along with the photocopy of the DD was produced
before this Court for perusal.
5. In the light of Ext.P2 order referred to above and
since the required fee also has been paid by the petitioner, I see
no difficultly in accepting the petitioner’s contention that they
were entitled to have continued provisional affiliation for the
academic year 2009-10.
WPC.No. 2511/2011
:3 :
6. In that view of the matter, I direct that the respondent
University will pass orders on the application dated 16.6.2010
made by the petitioner for continued provisional affiliation for the
academic year 2010-2011. This the University shall do at any rate
within 4 weeks from the date of production of a copy of the
judgment.
7. It is made clear that if the University needs any further
documents to be produced by the petitioner it will be open to the
University to call upon the petitioner to produce those documents
within this period. It is also clarified that as far as MSC Nursing
Course is concerned, the petitioner shall furnish an undertaking
in the stamp paper indicating the specialties in relation to which
the affiliation is sought for.
Writ petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/