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