Kerala High Court
The Mar Athanasius College Association vs The Mahatma Gandhi University on 31 May, 2013
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 5TH DAY OF NOVEMBER 2013/14TH KARTHIKA, 1935
WP(C).No. 25572 of 2013 (V)
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PETITIONER(S):
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1. THE MAR ATHANASIUS COLLEGE ASSOCIATION,
KOTHAMANGALAM, ERNAKULAM DISTRICT, KERALA-686 666,
REPRESENTED BY ITS SECRETARY.
2. THEPRINCIPAL,
MAR ATHANASIUS COLLEGE, KOTHAMANGALAM,
ERNAKULAM DISTRICT, KERALA-686 666.
BY ADV. SRI.GEORGE JACOB (JOSE)
RESPONDENT(S):
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1. THE MAHATMA GANDHI UNIVERSITY,
PRIYADARSINI HILLS, KOTTAYAM-686 562,
REPRESENTED BY ITS REGISTRAR.
2. THE VICE-CHANCELLOR,
MAHATMA GANDHI UNIVERSITY,PRIYADARSINI HILLS,
KOTTAYAM, KERALA.
3. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
HIGHER EDUCATION (B) DEPARTMENT, SECRETARIAT,
TRIVANDRUM-695 001.
R1 & R2 BY ADV. DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY
R3 BY SR.GOVERNMENT PLEADER SRI.T.RAMAPRASAD UNNI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05-11-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WP(C).No. 25572 of 2013 (V)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1- TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST
PETITIONER. (RELEVANT PAGES).
EXHIBIT P2- TRUE COPY OF THE COMMUNICATION DATED 31-5-2013 OF THE
FIRST RESPONDENT ADDRESSED TO THE STATE GOVERNMENT.
(RELEVANT PAGES).
EXHIBIT P3- TRUE COPY OF THE LETTER DATED 7-6-2013 OF THE FIRST
PETITIONER ADDRSSED TO THE 3RD RESPONDENT.
EXHIBIT P4- TRUE COPY OF THE LETTER DATED 21-7-2013 OF THE FIRST
PETITIONER.
EXHIBIT P5- TRUE COPY OF THE GOVERNMENT ORDER DATED 12-9-2013 AND
RELEVANT EXTRACT OF THE ANNEXURES.
EXHIBIT P6- TRUE COPY OF THE LETTER 13-9-2013 OF THE FIRST PETITIONER
ADDRESSED TO THE FIRST RESPONDENT.
EXHIBIT P7- TRUE COPY OF THE LETTER DATED 5-10-2013 OF THE SECOND
PETITIONER ADDRESSED TO THE 1ST RESPONDENT.(RELEVANT
PAGES).
RESPONDENT(S)' ANNEXURE:
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ANNEX.R1(A): COPY OF THE NOTIFICATION NO.GS3-2139/2013 DTD.15/10/2013
EXTENDING THE PERIOD UPTO 30/11/2013 WITHIN WHICH THE
SYNDICATE OF THE UNIVERSITY SHALL CONSIDER THE LATE
APPLICATIONS FOR AFFILIATION TO THE NEW AIDED
PROGRAMME INCLUDING M.SC BOTANY IN MA COLLEGE,
KOTHAMANGALAM.
/TRUE COPY/
P.A.TO JUDGE
Kss
K.VINOD CHANDRAN, J.
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W.P.(C)No.25572 of 2013
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Dated this the 5th day of November, 2013
JUDGMENT
The petitioners applied for a new Post-graduate course in M.Sc. Botany, in the academic year 2013-2014, in the self financing sector. The application was considered and the University had granted the same. In the meanwhile, an application was made for granting the course in the aided sector before the Government, which was allowed by Ext.P5. The petitioners had proceeded with Ext.P5, by making necessary application before the first respondent-University. Normally, it would have been the contention of the University that the time for admission has elapsed. But in the present case, it is seen that the Chancellor has issued Annexure-R1(a), by which, the last date for consideration of grant of affiliation was extended to 30.11.2013. It is also seen from the statement filed by the Standing Counsel for the first W.P.(C)No.25572 of 2013 : 2 : respondent-University that the inspection of the College was completed yesterday and the report is awaited. The learned Standing Counsel for the first respondent-University also undertakes that a decision will be taken in the matter before 30.11.2013.
Recording the above submission, the writ petition is disposed of.
Sd/-
K.VINOD CHANDRAN, JUDGE.
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