Petitioner sought quashing of show cause notice and renewal of affiliation denied by University. Court dismissed petition noting Local Inspection Committee recommended affiliation despite shortcomings; petitioner restrained from admissions until compliance. Interim orders for pending students clarified.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 9TH DAY OF APRIL 2014
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
WRIT PETITION NO. 5515 OF 2014 (EDN-REG-P)
Between:
Raja Ram Mohan Roy College of Education No. 48/2, 4th Cross Behind Ashraya Hospital Magadi Main Road Bangalore – 560091 Represented by its Principal Sri. Srikanta S/o. C.Mahadevappa Aged 49 years R/a. No. 53, 2nd Cross 7th Main, Subash Nagar, K.S.Town Bangalore - 560060 (By Shri Ramesh B., Advocate) And
... Petitioner
... Respondents
(By Ms. Prathima Honnapura, HCGP for R1 Shri N.K.Ramesh, Advocate for R2 Shri K. Ananda, Advocate for R3)
This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the records relating to concerning and connected with the impugned proceedings dated 2/12/2013, which is produced and marked as Annexure-F, peruse the same and quash the resolution contained therein, insofar as they pertain the petitioner only as arbitrary, illegal, vindictive and malafide, besides being unreasoned; quash the notice dated 10/12/2013, issued by the r2, university, which is produced and marked as Annexure-C, as the same is devoid of the authority of law and as non-est; direct the R2 to renew the affiliation of the college of education run by the petitioner for the academic year 2013-14 upon an objective consideration of the applications that the petitioner have submitted in that regard, and keeping in view of the directions and observations contained in the verdict dated 16/9/2013, which is produced and marked as Annexure-A; and direct the R3 to include the name of the college run by the petitioner for allotment of students/candidates through the said respondent for admission to the B.Ed. course for the academic year 2013-14.
This writ petition coming on for preliminary hearing ‘B’ group this day, the court made the following:
O R D E R
The present petition is filed with a prayer seeking to
quash the show cause notice issued as regards the withdrawal of
affiliation.
whether the show cause notice issued, is bad in law, would have to be answered in the negative. In that, it is seen from the report filed by the LIC that there are several shortcomings which the petitioner would have to satisfy before the affiliation can be renewed. In that view of the matter, the petitioner would have to be restrained in making any admissions for the academic year 2014-15, unless there is due compliance with the requirements to meet. The eligibility for such renewal of affiliation and unless the petitioner complies with what has been pointed out as shortcomings, that would not be possible. Therefore the petition is disposed of, reserving liberty to the petitioner to seek fresh inspection, after due compliance with all requirements and the LIC, on an inspection, shall make a further recommendation on the basis of which, the renewal of affiliation may be considered by the Academic Council and the
Syndicate.
virtue of interim orders passed by this court, the petitioner was permitted to admit students. It is made clear that in the event of further compliance by the petitioner and on inspection by the LIC, if the same could be carried out before the examinations are conducted for the batch of 2013-14, it would be possible for the students to take the examination, provided that renewal of affiliation for the year 2013-14 is granted in time. Otherwise, it would be necessary for the petitioner to send these students to take the examinations through such other college, as the University may permit. With that observation, the petition stands disposed of.
Sd/JUDGE
Rd/-
Raja Ram Mohan Roy College of Education
The State of Karnataka
Bangalore University
The Centralized Admission Cell
Anand Byrareddy
As recorded by the court registry
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