IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION No.55588/2018 & WRIT PETITION Nos.55611-55662/2018 (EDN-EX) Between:
Trisha Evening College, 200, 4th Main, Chamrajpet, Bengaluru-560 018, Represented by its:
Principal, Sri. Chandan Rao, S/o: Late Purushotham Rao, Aged about 39 years. ... Petitioner (By Sri. Muniyappa, Advocate) And 1. State of Karnataka, Department of Education, Vidhana Soudha, Dr. B.R.Ambedkar Veedhi, Bengaluru-560 001, Represented by its: Principal Secretary.
2. Bengaluru Central University, Central College Campus, Dr. B.R.Ambedkar Veedhi, Bengaluru-560 001, Represented by its:
Vice Chancellor. ... Respondents (By Smt. Pramodhini Kishan, AGA for R1; Sri. D.Aswathappa, Advocate for R2) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent No.2 to issue hall tickets to the 53 students of the petitioner’s evening college forthwith and consequently permit them to appear for the 1st semester examination for B.Com degree course scheduled to be conducted from 13th December 2018 to 28th December 2018 and etc., These Writ Petitions are coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:
O R D E R The petitioner - Trisha Evening College is before this Court seeking a direction to the respondent No.2 – Bengaluru Central University herein for permitting 53 of its students to take up first semester examination of B.Com degree course.
2. At the preliminary hearing, regard being had to the interest of the innocent students, this Court, vide ad interim order dated 12.12.2018 had directed the University to permit the students to take up the said examination and accordingly, they were permitted, during the period between 13.12.2018 and 28.12.2018. However, the results are yet to be announced.
3. After service of notice, the respondents have entered appearance and made submission in justification of their stand that the affiliation is a sine qua non for any educational institution to function, and in the absence thereof, no concession can be shown to the students of such Institution. In reply, the learned counsel for the petitioner – Institution has now placed on record by a Memo dated 13.02.2019, a copy of the letter dated 04.02.2019 addressed by the Additional Chief Secretary, Department of Higher Education, Government of Karnataka to the Vice-Chancellor of the respondent - University recommending the case of the petitioner - Institution for grant of affiliation with effect from the Academic Year 2018-19.
4. The second unnumbered paragraph of the said letter reads as under:
¸ÀܽÃAiÀÄ «ZÁgÀuÉ ¸À«ÄwAiÀÄ CªÀ¯ÉÆÃPÀ£É ªÀÄvÀÄÛ wêÀiÁð£ÀUÀ¼ÀÄ ºÁUÀÆ ¸ÀܽÃAiÀÄ «ZÁgÀuÁ ¸À«ÄwAiÀÄ ªÀgÀ¢AiÀÄ£ÀÄß ¥ÀjUÀt¹ PÀ£ÁðlPÀ gÁdå «±Àé«zÁå®AiÀÄUÀ¼À (wzÀÄÝ¥Àr) C¢ü¤AiÀĪÀÄ, 2015gÀ 7£Éà ¥æÀPÀgÀtzÀr ¥æÀzÀvÀÛªÁzÀ C¢üPÁgÀzÀ£ÀéAiÀÄ PÀÄ®¥ÀwUÀ¼ÀÄ C£ÀĪÉÆâ¹gÀĪÀ DzsÁgÀzÀ ªÉÄïÉ, wæµÁ ¸ÀAeÉ PÁ¯ÉÃd£ÀÄß £ÀA:200, 4£Éà ªÀÄÄRågÀ¸ÉÛ, ZÁªÀÄgÁd¥ÉÃmÉ, ¨ÉAUÀ¼ÀÆgÀÄ-560 018 E°è ºÉƸÀzÁV 2018-19£Éà ¸Á°¤AzÀ F PɼÀPÀAqÀAvÉ ©.PÁA. ¸ÁßvÀPÀ ¥ÀzÀ« ªÁå¸ÀAUÀPæÀªÀÄzÉÆA¢UÉ ¥ÁægÀA©ü¸À®Ä F PɼÀPÀAqÀ ¸ÀAAiÉÆÃd£Á µÀgÀvÀÄÛ/¤§AzsÀ£ÉUÀ¼À eÉÆvÉUÉ ¸ÀܽÃAiÀÄ «ZÁgÀuÉ ¸À«Äw «¢ü¹gÀĪÀ µÀgÀvÀÄÛUÀ½UÉ M¼À¥ÀlÄÖ ¸ÀAAiÉÆÃd£É ¤ÃqÀĪÀ PÀÄjvÀÄ PÀ£ÁðlPÀ gÁdå «±Àé«zÁå®AiÀÄUÀ¼À C¢ü¤AiÀĪÀÄ, 2000 ¥æÀPÀgÀt 59(11)gÀr ¥æÀzÀvÀÛªÁzÀ C¢üPÁgÀ ZÀ¯Á¬Ä¹ ²¥sÁgÀ¸ÀÄì ªÀiÁqÀ¯ÁVzÉ JAzÀÄ w½¸À®Ä ¤zÉÃð²vÀ£ÁVzÉÝãÉ.
zÁR¯Áw ¥æÀªÀiÁt ªÁå¸ÀAUÀ PæÀªÀÄ «µÀAiÀÄ ¸ÀªÀÄƺÀ «zÁåyð ¥æÀªÉñÀ ©.PÁA «.«.¥Àj¤AiÀĪÀiÁªÀ½UÀ¼ÀAvÉ 60(CgÀªÀvÀÄÛ) 5. The learned counsel for the petitioner submits that since the appropriate authority namely, the Government has already recommended for the grant of affiliation, there needs to be a direction to the respondent - University to take a decision thereon, in a time bound manner and in accordance with law, since the fate of the poor students is at stake, along with that of the petitioner - Institution.
6. The learned Panel Counsel for the respondent - University submits and this thinks it right, that recommendation for grant of affiliation does not amount to affiliation as such and therefore, the petitioner-Institution should not be shown any indulgence for having admitted the students to the Commerce Course sans authorization. However, in all fairness he hastens to add that the University would take a decision on the recommendation of the Government if a reasonable period is prescribed by this Court. This stand of the University is fair and reasonable.
7. In the above circumstances, this writ petition succeeds in part; a Writ of Mandamus issues to respondent No.2 - University to take a call on the aforesaid Government letter dated 10.08.2018 for the grant of affiliation to the petitioner - Institution with effect from the Academic Year 2018-19, in accordance with law.
Compliance to be made within two weeks. Since the interest of the students are involved, the decision makers shall not brook delay in the official procedure.
It is needless to mention that if the affiliation in terms of the aforesaid Government recommendation is accorded, the same shall enure to the benefit of the students of the petitioner - Institution and consequently, the results of their aforesaid examination shall be announced, if they are otherwise eligible.
Sd/- JUDGE NR/-