Petitioners seeking to question denial of student admissions withdrew petitions upon receiving permission subject to penalty payment. Court dismissed petitions with liberty to file fresh ones.
Petitions dismissed with liberty to file fresh petitions or question the penalty imposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 27TH DAY OF JANUARY 2014
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
WRIT PETITION NOS. 3946 – 3951 OF 2014 (EDN-AD)
BETWEEN
... Petitioners
Petitioners 2 to 6 are Students prosecuting 1st Semester Post-graduate degree courses at Acharya Institute of Graduate Studies Acharya Dr. Sarvepalli Radhakrishnan Road Soldevanahalli, Hesaraghatta Main road Bangalore – 560090
(By Sri. Abhishek Malipatil, Advocate)
AND
... RESPONDENTS
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) QUASH THE IMPUGNED ORDER DTD.7.1.2014 R2 AS PER ANNEX-H1 ONLY TO THE EXTENT OF HOLDING ADMISSIONS OF PETITIONER NO.2, 3 AND 4
AS EXCESSIVE ADMISSIONS AND QUASHING THE IMPUGNED ORDER DTD.7.1.2014 R2 AS PER ANNEX-H ONLY TO THE EXTENT OF HOLDING ADMISSIONS OF PETITIONER NO.5 AND 6 AS EXCESSIVE ADMISSIONS; (B) DECLARE THAT UNIVERSITY HAS NO SUCH QUOTA NOR THE POWER OR AUTHORITY TO NOTIFY ANY QUOTA FOR ITSELF OR FIX A FEES STRUCTURE OR REGULATING ADMISSION TO POST GRADUATE COURSES BEING IMPARTED BY THE P1 UNDER THE AFFILIATION GRANTED TO IT, BY THE R1; AND (C) DECLARE THAT THE ADMISSIONS MADE BY THE 1ST PETITIONER IN RESPECT OF PETITIONERS 2 TO 6 AS VALIDLY MADE, REQUIRING APPROVAL BY THE UNIVERSITY AND FURTHER BE PLEASED TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE R1 UNIVERSITY TO APPROVE ALL THE ADMISSIONS IN TERMS OF THE STATEMENT OF ADMISSIONS, SUBMITTED FOR APPROVAL AND NOT TO TRAT ADMISSIONS MADE AGAINST UN-FILLED SEATS AS NOT PERMITTED OR ILLEGAL.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioners who had sought to question the denial of
the admission of students to the College, now states that permission has been granted, subject to payment of penalty of Rs.15,000/- per student. Therefore the petitioners seek to withdraw the petitions, with liberty to question the penalty
imposed, by way of separate petitions. Accordingly the
petitions are dismissed, with liberty to file fresh petitions, if so
warranted.
Sd/JUDGE
Rd/-
1 issue framed by the court
Whether the writ petitions challenging the denial of student admissions should be withdrawn or dismissed.
1 provisions across 1 enactments
Acharya Institute of Graduate Studies and others
State of Karnataka Department of Higher Education
Bangalore University
The Registrar (Evaluation) Bangalore University
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
