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 cancelled. By Ext.P4 dated 9.2007, provisional affiliation was granted for the academic year 2006-07. The said order contained the following stipulation:

"Selection and admission shall be made only on the basis of the rules and regulations of the University/Government, and on the basis of the directions issued by the University/Government from time to time, failing which the affiliation granted will automatically be cancelled."

3. As per Ext.P5 letter dated 17.2007, the Government of India granted permission to the College for admission of students for the year 2007-2008. After the receipt of that letter, motion for extension of the affiliation was made by the 1st respondent for the said year. The University, by Ext.P6 communication dated 110.2007, sought for certain details concerning the admission of students for the year 2007-08. The Principal of the college replied by Ext.P7 dated 11.2007, stating that the details sought for are not relevant, still he is forwarding the prospectus published by the college, which contains the details regarding the method of admission followed by it. Since there was no response to the said letter, the Principal sent Ext.P8 reminder to the University on 22.2008. When the application for affiliation for the year 2007-08 was pending, the 1st respondent again applied for affiliation for the year 2008-09 on 3.2008. By Ext.P11 communication dated 10.6.2008, the Government of India approved sanction for admission of students for the academic year 2008-09. The Principal of the college forwarded Ext.P11 to the University along with Ext.P12 covering letter.

4. While so, the name of the 1st respondents college was deleted from the list of affiliated Medical Colleges, published in the website of the Calicut University. That will be evident from Ext.P14 list downloaded from the website. The 1st respondent submits, his college was serial No.43 in that list, which stood deleted. The said respondent also came to know that the University has addressed a communication to the MCI, requesting the Council not to send persons to inspect the college at the time of conduct of the last semesters practical examination for the students of the first batch. The 1st respondent further added, pursuant to the said communication of the University, the MCI did not send its team for inspection of the college. In the meantime, a news item was also published in the press at the instance of the University of Calicut on 9.2008, stating that the 1st respondents college has no affiliation with it. The 1st respondent, feeling aggrieved by the omission of the University to take a final decision on the applications filed by his college for affiliation for the years 2007-08 and 2008-09, approached this Court, by filing the writ petition, seeking the following r