IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION.NO.42692/2017 (EDN-ADM) BETWEEN:
SREE KRISHNA INSTITUE OF LAW MAHALAKSHMINAGARA BADAVANE VALMIKHINAGARA, TUMKUR – 572 103 REPRESENTED BY ITS PRINCIPAL SMT. VINCENT NIRMALA ... PETITIONER (BY SRI. V.B.SIDDARAMAIAH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HIGHER EDUCATION VIKASA SOUDHA DR. B.R.AMBEDKAR VEEDI BENGALURU – 560 001 2. KARNATAKA LAW UNIVERSITY NAVANAGAR, HUBLI – 580 025 HUBLI TALUK, DHARWAD DISTRICT REPRESENTED BY ITS REGISTRAR 3. THE BAR COUNCIL OF INDIA NEW DELHI – 110 001 REPRESENTED BY ITS SECRETARY ... RESPONDENTS (BY SRI. J.M.UMESH MURTHY, HCGP FOR R1 SRI. GANAPATHI BHAT, ADVOCATE FOR R2 SMT. GEETHADEVI PAPANNA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AFFILIATION NOTIFICATED DATED 17/09.8.2017 ISSUED BY THE R-2, THE REGISTRAR, NAVANAGAR, HUBLI, VIDE ANENXURE-C WITH RESPECT TO 3 YEARS LAW COURSE AT SL NO.2 OF THE NOTIFICATION, REGARDING RENEWAL OF AFFILIATION FOR 60 STUDENTS, FOR ACADEMIC YEAR 2017-18 FOR ONE SECTION (I.E., A SECTION) AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING;
ORDER Petitioner is stated to be a Law institute imparting three year law course and five year law course. The petitioner-institute was originally affiliated to Tumkur University prior to establishing of Respondent No.2- Karnataka State Law University. Thereafter, petitioner got affiliated to Karnataka State Law University. That as per affiliation notification dated 17/09.08.2017 (Annexure-C), the petitioner-institute was permitted to admit 60 students in Five Year B.A. LL.B. Course and 60 +60 students in Three Year LL.B. Course.
2. Learned counsel for petitioner submits that the grievance of the petitioner-institute is with regard to intake for the Three Year LL.B Course. Although the approval given by the second respondent –Karnataka State Law University is for 60 + 60 students in two sections as far as Three Year LL.B Course is concerned, however, the petitioner-institute has admitted 80 + 60 i.e., 140 students. He submits that there is an excess admission of 20 students and therefore, the said admission may be approved by renewing the affiliation and by quashing Annexure-C, Notification.
3. Learned counsel for second respondent – Karnataka State Law University submits that according to the regulations of the Law University, the intake is limited to 60 students in one section or division. This is as per Regulation No.9 of the regulations governing Three Year LL.B. Course. Therefore, petitioner-institute could not have admitted 80 students in a section or division. He further submits that any indulgence/consideration to be shown by this court would only imply that there is a violation of regulation 9(a), as far as this institute is concerned. In the circumstances, he submits that there is no merit in the writ petition.
4. Having heard the learned counsel for the parties, it is noted that the petitioner-institute which is affiliated to the second respondent- Law University was intimated about the intake capacity as per the affiliation notification dated 17/09.08.2017. So far as Three Year LL.B.Course is concerned the intake capacity prescribed is 60 +60, i.e., 60 students in each section or division. But in the instant case, the petitioner-institute admitted 80 + 60 students. There is an excess of 20 students contrary to the Regulations of the second respondent – Karnataka State Law University, which reads as under:
Regulation No.9:
“(a) No college or Department of Studies in Law authorized to impart education in the LLB degree course shall admit more than 60 students in one division.
b) The University shall receive the right to prescribe the number of divisions in each law college or the Department of Studies in Law.”
Having regard to the same, the University can admit 60 students in one division for Three Year Law Course. In the instant case, the intake is 60, insofar as B Section is concerned. But insofar as A Section or Division is concerned, intake is 80 which is in excess of what is prescribed by the Regulation of Karnataka State Law University. Therefore, the petitioner-College, cannot, now contend that the affiliation notification is contrary to law. In fact, it is in accordance with the Regulation No.9 of the Regulations.
I find no merits in the writ petition. Hence writ petition is dismissed.
Bsv Sd/- JUDGE