JUDGEMENT
SHAJI P.CHALY,J. -
(1.)The captioned appeal and the writ petitions are materially connected in respect of affiliation sought for by the writ petitioner in W.P.(C) No. 23387 of 2019 namely Nirmala Education Trust to a Two-year Post Graduation Degree course, M. Com (Finance). Therefore, in agreement, we have heard them together and propose to pass this common judgment.
(2.)W.A. No. 1947 of 2019 is filed by the University of Calicut and the Vice Chancellor against the interim order dtd. 30/8/2019 passed by the learned single Judge in W.P.(C) No. 23387 of 2019, whereby the following directions were issued:
"5. As it is seen that the University has not passed orders on the basis of Ext. P9 judgment and that the last date for effecting admissions is 31/8/2019, I am of the view that petitioner deserves interim order, in view of the dictum laid down in the judgment in Nirmala Education Trust's case (supra) and in State of Kerala v. MGM College of Arts and Science Tvm and others: 2017(3) KHC 965.
Therefore, there shall be a direction to the University to grant provisional affiliation to the petitioner college for starting M. Com (Finance) and permit the petitioner to participate in the common admission process and also to permit the petitioner to effect admissions, provisionally and subject to further orders. "
(3.)In fact, when the writ appeal came up for admission before the Division Bench on 4/9/2019, the impugned order was stayed. Apparently, by virtue of the interim order granted by the learned single Judge, the writ petitioner college has admitted 11 students to the First Year M. Com (Finance) course, which was said to be on or before 31/8/2019, being the last date for effecting admission. Whatever that be, later, the University notified the first Semester Regular Examinations for the M.A/M.Sc/M. Com Regular Examinations, as per notification dtd. 4/11/2019. Thereupon, on the basis of the directions sought for by the college and taking into account various factual and legal circumstances, this Court, by order dtd. 18/11/2019, directed the University of Calicut to open the portal of the University and include the name of the writ petitioner college so as to enable 11 students undergoing the First Semester M. Com course for online registration for Regular Examinations scheduled in November, 2019. The said order reads thus:
20. University of Calicut, represented by its Registrar is directed to open the portal of the University, by including the name of the college, Nirmala College of AHe and Science, Chalakudy run by the Nirmala Educational Trust, Chalakudy so as to enable the 11 students undergoing the 1st semester M. Com course, for online registration for Regular Examinations, November, 2019. The said direction to permit online registration is subject to the outcome of the writ petition/writ appeal. It is made clear that the students, who are permitted to register through online method pending disposal of the instant writ petition/writ appeal, should not seek for any equity, if later on the Trust does not succeed in their attempt to get affiliation.
21. When we directed learned Standing Counsel for the Calicut University to file a counter affidavit within one week, learned Standing Counsel submitted that the University will file it only after one month. "
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