Disposed

Sri Mahalasa Shikshana Samithi (Regd) v. the Principal Secretary to the Govt

Karnataka HC1 Jun 2022WP/5784/2022

Case brief

AI extract

What is this about?

A Higher Education institution seeking recognition for a Foundation Course filed this writ petition. Pending the petition, the university granted retrospective recognition and permitted students to appear for examinations. This court directed the respondents to recognize the admissions and announce the results.

What did the court decide?

Direction to recognize foundation course admissions and announce examination results for the academic year 2021-2022.

Sri Mahalasa Shikshana Samithi (Regd) Vs the… — Education and Admissions | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 01^ST DAY OF JUNE, 2022

¶4

BEFORE

¶5

THE HON’BLE MR.JUSTICE M.I.ARUN

¶6

WRIT PETITION No.5784 OF 2022 (EDN-EX)

¶7

BETWEEN:

¶8

SRI MAHALASA SHIKSHANA SAMITHI (REGD.) MAHALASA SCHOOL OF ART BHOJARAO LANE BHAGAVATHI NAGAR, ALKE MANGALORE - 575 003 REP. BY ITS DIRECTOR SRI BABU RAO S/O MARTHAND AGED ABOUT 62 YEARS ... PETITIONER

¶9

(BY SRI.HIREMATH N.S., ADVOCATE)

¶10

AND:

¶11

THE PRINCIPAL SECRETARY TO THE GOVT. DEPARTMENT OF HIGHER EDUCATION M.S. BUILDING DR BR AMBEDKAR VEEDHI BENGALURU 560 001

¶12

THE REGISTRAR KANNADA UNIVERSITY HAMPI, VIDYARANYA

¶13

¶14

HOSPETE TALUK BALLARI DISTRICT - 583 276

¶15

THE DIRECTOR CHITRAKALA VIDYALAYAGALA NIRVAHANA KENDRA KANNADA UNIVERSITY HAMPI, VIDYARANYA - 583 276.

¶16

THE REGISTRAR MANGALORE UNIVERSITY MANGALORE - 574 199.

¶17

... RESPONDENTS

¶18

(BY SMT. ANITHA N, HCGP FOR R1; SRI. M. ASWATHNARAYANA REDDY, ADVOCATE FOR R2 & R3; SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R4

¶19

¶20

THIS WRIT PETITIION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION 28.01.2022 ISSUED BY THE DIRECTOR, CHITRAKALA VIDYALAYAGALA NIRVAHANA KENDRA, KANNADA VISHVAVIDYALAYA, HAMPI VIDE ANNX-P AND COMMUNICATION DATED:07.02.2022, ISSUED BY THE DIRECTOR, CHITRAKALA VIDYALAYAGALA NIRVAHANA KENDRA, KANNADA VISHVIDYALAYA, HAMPI VIDE ANNX-Q AND ETC.

¶21

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THROUGH PHYSICAL HEARING / VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶22

¶23

O R D E R

¶24

The petitioner is an Institution offering a Foundation

¶25

Course in Visual Arts, which is equivalent to P.U.C., and also a Degree in the subject of Visual Arts. It was affiliated to the second respondent – Kannada University, Hampi. Thereafter, as the Institution is situated in Mangalore, the petitioner – Institution sought transfer to fourth respondent – Mangalore University and the same was accorded from the academic year 2018-2019. The petitioner – Institution continued to offer education in Degree as well as Foundation Course in Visual Arts. However, as the fourth respondent – Mangalore University permits only Degree Course in Visual Arts and not a Foundation

¶26

Course in Visual Arts in its affiliated colleges, refused to recognize the Foundation Course being offered by the petitioner – Institution. Petitioner - Institution thereafter approached the second respondent – Kannada University, Hampi, to recognize the Foundation Course in Visual Arts being offered by it and permit the students admitted by it for the academic year 20212022 to take the necessary examination. As the petitioner –

¶27

¶28

Institution was not affiliated to the second respondent – Kannada University, Hampi, it refused the necessary permission. Aggrieved by the same, the instant writ petition has been filed.

¶29

During the pendency of the writ petition, the second respondent – Kannada University, Hampi, by its letter dated 19.05.2022, vide Annexure-T, has granted recognition to the petitioner – Institution offering a Foundation Course in Visual Arts.

¶30

Learned counsel representing second and third respondents fairly submits that, in the interest of students admitted for the academic year 2021-2022, the second respondent has taken a decision to permit them to appear in the examination for Foundation Course in Visual Arts. His submission is placed on record. It is further submitted that, by virtue of an interim order dated 17.03.2022, the second and third respondents have permitted the students admitted by the petitioner – Institution for the Foundation Course of Visual Arts for the academic year 2021-2022 to appear in the examination.

¶31

¶32

Hence, the following:-

¶33

ORDER

¶34

i) The second and third respondents are directed to recognize and approve the admission made by the petitioner – Institution for the Foundation Course in Visual Arts for the academic year 2021-2022 and announce the results of those students who had appeared in the examination pursuant to the orders of this Court.

¶35

ii) Writ petition is disposed of accordingly. iii) In view of disposal of the writ petition, I.A.No.2/2022 does not survive for consideration and the same is disposed of.

¶36

Sd/JUDGE

¶37

Bss.

Sri Mahalasa Shikshana Samithi (Regd) v. the Principal Secretary to the Govt

Case brief

What is this about?

What did the court decide?

Sri Mahalasa Shikshana Samithi (Regd) v. the Principal Secretary to the Govt

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R L Abhishek Rao College of Nursing Vs Rajiv Gandhi University of Health Sciences

Atria Convergence Technologies Limited Vs Union of India

Oceanik Education Society (R) Vs the Principal Secretary

Sri Manobalu K Vs the Director General Training

D. Mantraa Vs Rajiv Gandhi University of Health Sciences

Sujala College of Commerce Vs the Kuvempu University