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Karnataka High Court · body

2017 DIGILAW 421 (KAR)

KARIYAPPA COLLEGE OF EDUCATION v. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARNATAKA

2017-02-08

S.SUJATHA

body2017
ORDER : The petitioner No.1 is an Educational Institution registered and recognized by the Bengaluru University. The said College has been duly recognized by the National Council of Teacher Education under Section 14 (1) of the National Council of Teacher Education Act, 1993 and accorded affiliation to run B.Ed courses in accordance with the Karnataka State Universities Act, 2000. 2. The first petitioner institution has been accorded the affiliation to run B.Ed course of study in accordance with the Karnataka State Universities Act, 2000, renewed from time to time. For the academic year 2014, the respondent No.2 has granted affiliation to admit the students for the courses of B.Ed and the strength was fixed for 100 students. It is not in dispute that the management quota is of 50 students and that of the government is 50 for the academic year 2014-15. The admissions were accordingly made by the management and the government. However, two students namely, Kumar T.S and Anil Kumar K.S withdrew their admissions. On the said vacancies being arisen, the government did not allot any students to the said vacancies in the first petitioner college. Under such circumstances, the first petitioner institution admitted the second and third petitioners herein for which, the first petitioner moved before the second and third respondents for approval of admission of the said second and third petitioners. The same being not approved, the petitioners are before this Court seeking writ of mandamus to consider the case of the petitioners for approval of their admissions and announce their results. 3. Heard the learned counsel appearing for the parties. The facts are not in dispute. The first petitioner institution made a representation to the first respondent State to consider the approval of seven seats under the management quota as per Annexure-B to the writ petition dated 02.02.2015. Considering the same, the first respondent, vide Annexure-C to the writ petition dated 07.03.2015, accorded approval for the admissions of five students. The communication dated 13.03.2015 of the Bengaluru University produced at Annexure-D discloses that the second respondent University has addressed a letter to the first respondent stating that the university has no objection to approve the admissions of two students to the first petitioner educational institution, provided the first respondent approves the same. The communication dated 13.03.2015 of the Bengaluru University produced at Annexure-D discloses that the second respondent University has addressed a letter to the first respondent stating that the university has no objection to approve the admissions of two students to the first petitioner educational institution, provided the first respondent approves the same. In view of the same, the learned counsel appearing for the respondent Nos.2 and 3 would contend that if, in the event, the first respondent State approves the admission of the petitioner Nos.2 and 3, the respondent Nos.2 and 3 have no objections to announce the results of the examinations taken by petitioner Nos.2 and 3 by virtue of the interim order dated 21.09.2016 passed by this Court. The learned Government Pleader fairly submits that if any representation is made by the first petitioner college to that effect, the same shall be considered in accordance with the law. 4. In view of the submissions made by the learned counsel appearing for the parties, it is appropriate to direct the petitioners to file a representation before the first respondent State seeking for approval of the admission of petitioner Nos.2 and 3. If the same is approved by the first respondent State, the respondent Nos.2 and 3 shall announce the results of the examinations taken by the petitioners No.2 and 3 by virtue of the interim order dated 21.09.2016 passed by this Court. Such exercise shall made by the first respondent within a period of two months from the date of filing of the representation and the results shall be announced by the second and third respondents within one month thereafter. Accordingly, these petition stands disposed of in terms of the above.