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Rajadhani Institute Of … vs The University Of Kerala on 15 December, 2010

Kerala High Court
Rajadhani Institute Of … vs The University Of Kerala on 15 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36387 of 2010(W)


1. RAJADHANI INSTITUTE OF ENGINEERING AND
                      ...  Petitioner

                        Vs



1. THE UNIVERSITY OF KERALA,
                       ...       Respondent

2. THE VICE CHANCELLOR,

                For Petitioner  :SRI.KURIAN GEORGE KANNANTHANAM (SR.)

                For Respondent  :SRI.M.RAJAGOPALAN NAIR

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :15/12/2010

 O R D E R
                      ANTONY DOMINIC, J.
                    ================
                 W.P.(C) NO. 36387 OF 2010
               =====================

         Dated this the 15th day of December, 2010

                         J U D G M E N T

Petitioner is the Manager of a Self Financing Engineering

College. According to the petitioner, for the academic year 2010-

11, petitioner obtained approval of the AICTE for starting the

course of B.Tech in Electrical and Electronics and also MBA. Based

on the approval, petitioner applied to the University for affiliation

for both the aforesaid courses for the academic year 2010-11.

After complying with all procedural formalities, University issued

Ext.P3 order of affiliation confining the same only to B.Tech

Course. Ext.P3 order does not state anything about the request

made by the petitioner for affiliation for MBA Course. In such

circumstances, petitioner made Ext.P4 representation to the

University. To this representation, there was no response. It is in

these circumstances, the writ petition has been filed.

2. The main contention raised by the learned Senior

counsel appearing for the petitioner is that Ext.P3 order issued by

the University does not even deal with its request for affiliation for

both the aforesaid courses. Although I heard the standing counsel

WPC No. 36387/10
:2 :

appearing for the respondent University, who attempted to

sustain the stand taken by the University as reflected in Ext.P3

order, I am still not satisfied that the University has applied its

mind to the request of the petitioner to grant affiliation for MBA

Course. Therefore, I am satisfied that the petitioner has made out

a case for a direction to reconsider its request for affiliation to

MBA Course, which it has reiterated in Ext.P4 representation.

3. In that view of the matter, I direct the 2nd respondent to

consider Ext.P4 representation made by the petitioner and pass

orders thereon dealing with the request of the petitioner for

affiliation to MBA Course. Orders on Ext.P4 shall be passed as

expeditiously as possible at any rate within 4 weeks of production

of a copy of this judgment.

While I issue the direction as above, I also record the

submission of the learned senior counsel for the petitioner that

even if affiliation is granted, petitioner does not intent to admit

students for the academic year 2010-11.

ANTONY DOMINIC, JUDGE
Rp

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