Balakrishnan Nair, J.

W.A.No.241/2009:

The University of Calicut, the 1st respondent in the writ petition is the appellant. The 1st respondent herein was the writ petitioner.

2. The brief facts of the case are the following: The 1st respondent is managing a Self Financing Medical College established under the jurisdiction of the University of Calicut. The college started functioning during the academic year 2003-04 with the approval of the Government of India, which was granted on the recommendation of the Medical Council of India (for short "MCI"). As per Ext.P1 order dated 210.2003, the appellant University granted provisional affiliation to the college for the year 2003-04. It was followed by Ext.P2 order dated 16.3.2005, granting provisional affiliation to the college for the academic year 2004-05. For the following year 2005-06 also, affiliation was granted provisionally as per Ext.P3 order dated 18.6.2005. All these orders contained a condition that students shall be admitted from the list published by the Commissioner for Entrance Examination, as per the rules framed by the University, the Government and the MCI from time to time, failing which affiliation will be c