HC restores affiliation of med., engg colleges

The High Court of Kerala on Friday ordered the Calicut University to restore affiliation within two weeks of two engineering colleges and two medical colleges under the inter-church council, that come under the varsity’s ambit.

Justice V Giri ordered affiliation to Cheruthuruthi Jyothi Engineering College, Kodakara Sahrudaya College of Engineering and Technology, Jubilee Mission Medical College and Amala Medical College in Thrissur. With its order the court quashed the Calicut University Syndicate decision taken on June 18, 2009 to withdraw the affiliation to the four colleges.

Since the four colleges had not entered into an agreement with the government for admissions to their professional courses, they can proceed with their own admission process for the academic year 2009-2010, the court said.

The court, while passing the order, observed that Sahradaya College of Engineering and Technology and Jyothi Engineering College had been approved by the AICTE for the year 2009-10 as well. The stand taken by the university that these two colleges were not entitled to an extension of affiliation for the year 2009-10 on the ground that they did not have a current approval from the AICTE was untenable and unsustainable, the court said.

The Amala Institute of Medical Sciences and Jubilee Mission Medical Colleges were recognized medical institutions in that behalf by the Medical Council of India and the Central Government. The degrees obtained by the students from these two institutions are treated as recognized medical qualifications by the Central Government. Consequently there is neither a necessity nor a provision in the Medical Council Act for an yearly approval of these two medical institutions.

The stand taken by the university that these two institutions are therefore not entitled to an extension of affiliation for the year 2009-10 because they do not have an approval from the Central Government for the year 2009-10 is untenable and unsustainable, the court said.

The provisions relating to the method of admission and determination of fees as contained in the Calicut University First Ordinances, 1978, are inapplicable to the self-financing colleges. The power to frame any rules, providing for the determination of procedure for admission and fees in self-financing colleges is available to the Government. However the Government has not framed any rules in exercise of its powers under Section 68A of the Act so far, the court observed.