JUDGMENT : A. Muhamed Mustaque, J. 1. The Petitioners in this writ petition are chairman and General Secretary of Dr. K.R. Narayanan Memorial Educational, Cultural and Charitable Trust Ottappalam. They approached this Court challenging decision of the University of Calicut, produced as Ext. P6, declining application for starting new colleges and affiliation from University of Calicut. 2. The petitioners applied for starting new college and affiliation during the academic year 2018-19, vide Ext. P2 application. It was not recommended by the syndicate of the University for the following reasons: (i) Three colleges are situated near the proposed college. (ii) Lack of facility to start the college. 3. In the impugned order, no deficiencies have been pointed out. An inspection was completed prior to taking a decision by the syndicate. Inspection report is produced as Ext. R1(e). This report also does not indicate what are the facilities that lack in the proposed college, except referring that college lack facilities. Nothing has been stated in the inspection report as to the nature of facilities which are lacking. 4. The petitioners' proposal is to start self-financing college. The existence of other college near to the proposed college is not a ground to reject the application for affiliation. The petitioners have a case that nearest colleges are beyond 15 km away from the proposed college. Anyway, that cannot be a reason at all for rejecting the affiliation. 5. Petitioners had taken out a commission for local inspection. An Advocate of this Court was appointed as Advocate Commissioner. In Para 10 of the Commission report, he refers the infrastructure as follows: "The second defect pointed out for rejecting the application for affiliation is that facilities are not available for starting a new college. As stated supra, the proposed college is sought to be started in the 2nd floor of Block no. 2 of K.P.S. Menon Memorial Vocational Higher Secondary School. There are 5 lassrooms/lecture halls equipped with desks, benches and Green Chalk boards in the said floor. The college authorities stated that though Lights and fans are yet to be installed in these classrooms, since electrification was complete in the building, the same can be made available at the earliest. Yet another space was set apart as the office space of the Principal as well as staff room which is separated by an internal partition. The college authorities stated that though Lights and fans are yet to be installed in these classrooms, since electrification was complete in the building, the same can be made available at the earliest. Yet another space was set apart as the office space of the Principal as well as staff room which is separated by an internal partition. The Principal's office contained a desk, almirah and 5 chairs whereas the staff room was equipped with 1 desk and several chairs. Both these areas had sufficient lights and fans." 6. It was submitted before this Court when the matter was taken up earlier, the proposed college is to be started in a Higher Secondary School premises and therefore, the University cannot consider the application for affiliation. Petitioners produced Exts. P8 and P9 to show that the University granted affiliation to self-financing colleges running in a commercial building. The petitioners also produced a news report which refers to conduct of Government College in a Higher Secondary School building. 7. Taking note of this fact, this Court directed the University to state before this Court as to the grant of affiliations to those institutes. University filed a statement stating that affiliation granted to those colleges on a condition that those colleges would shift to own building within the time granted by the University. 8. The learned counsel for the University, placing reliance on Sec. 6 of the Kerala Education Act, would submit that there is a restriction on alienation of property of aided schools. Therefore, it is submitted that proposed college cannot be functioned in Higher Secondary School premises. It is not clear whether K.P.S. Menon Memorial Vocational Higher Secondary School is aided school or not. It is to be noted that Higher Secondary School was granted taking note of the facilities therein. In such circumstances, it is appropriate that the petitioners obtain permission from the Director of Higher Secondary School. 9. It is to be noted that under the UGC [Affiliation of Colleges by Universities] Regulations, 2009, it is open for the University to grant temporary affiliation for colleges on any justifiable reasons to start the first year programme in a readily available building on condition that all other academic and administrative requirement will be satisfied by the end of the second year and the college will be moved to a permanent building in the year. (see regulation 3.3). 10. (see regulation 3.3). 10. In the light of above, the impugned order is to be set aside. If the petitioners proposed to house the proposed college in a Higher Secondary school building, the petitioners shall produce NOC from the Higher Secondary Director. It is also open for the petitioners to produce the details of other building instead of the Higher Secondary Schools premises. The University shall reconsider the matter without any delay at earliest. If the syndicate is not in a session, the Vice-Chancellor shall take a decision within the time as above. The impugned orders are set aside. The petitioners' request for affiliation shall not be treated as invalid, merely for the reason of lapse of time. This application shall be treated as valid and the petitioners' right has to be determined with reference to the date of their application and not with reference to the date of consideration. In view of the fact that the order is legally unsustainable, the application has to be reconsidered in the light of above, at the earliest. This writ petition is allowed.