Allowed

The Karnataka Private Post v. State of Karnataka

Karnataka HC19 Nov 2024WP/9845/2023

Case brief

AI extract

What is this about?

Postgraduate MBA colleges challenged a State circular requiring an undergraduate course for postgraduate affiliation. The court held the AICTE Approval Process Handbook governs such courses and permits standalone PG colleges, and quashed the circular.

What did the court decide?

Circular dated 07.12.2022 (Annexure-A) quashed; declared no legal requirement of an undergraduate programme for grant/renewal of postgraduate affiliation in AICTE-purview courses.

The Karnataka Private Post Vs State of Karnataka — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:46823 WP No. 9845 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9845 OF 2023 (EDN-RES)

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BETWEEN:

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THE KARNATAKA PRIVATE POST GRADUATE COLLEGES’ ASSOCIATION, 64, VASTRA BHAVAN, 4^TH MAIN, 18^TH CROSS, MALLESHWARAM, BANGALORE 560 055

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REPRESENTED BY ITS SECRETARY, MR. PRAKASH M AGED ABOUT 69 YEARS, R/AT BANGALORE

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SESHADRIPURAM EDUCATIONAL TRUST NO. 27, NAGAPPA STREET, SESHADRIPURAM, BENGALURU KARNATAKA 560020

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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REPREENTED BY ITS GENERAL SECRETARY DR. WOODAY P KRISHNA AGED ABOUT 60 YEARS, R/AT BANGALORE

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RV INSTITUTE OF MANAGMENT CA-17, 36^TH CROSS, 26^TH MAIN, 4^TH T BLOCK, JAYANAGAR, BENGALURU, KARNATAKA 560020 REPRESENTED BY ITS DIRECTOR DE. PURUSHOTTAM BUNG AGED 55 YEARS, R/A BANGALORE

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COMMUNITY OF INSTITUTE OF MANAGEMENT STUDIES

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2/1, NATABHAIRAVA SHRI V VAJRAMUNI ROAD, 9^TH MAIN, 9^TH CROSS, 2^ND BLOCK JAYANAGAR, BANGALORE-560011. REPRESENTED BY ITS SECRETARY CHIKKAIAH AGED 75 YEARS, R/A BANGALORE

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SINCHI INSTITUTE OF MANAGEMENT HEBBAL, BENGALURU, 560023 REPRESENTED BY ITS DIRECTOR PROF. D GOPINATH AGED 64 YEARS, R/A BANGALORE

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GT INSTITUTE OF MANAGEMENT STUDIES AND RESEARCH 10/15, MAGADI MAIN ROAD, SUNKADAKATTE, BANGALORE-560091. REPRESENTED BY ITS CHIEF ADMINISTRATIVE OFFICER DR. B G SATYAPRASAD AGED 65 YEARS R/A BANGALORE

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ANNAPOORNA INSTITUTE JOF MANAGEMENT RESEARCH 22A/2 SDVS CAMPUS, HUKKERI, BELAGAVI-591313 REPRESENTED BY ITS DIRECTOR DR. VIDYA S SWAMI AGED ABOUT 39 YEARS, R/A BELAGAVI

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BET'S GLOBAL BUSINESS SCHOOL BC 188, OLD PB ROAD, BELAGAVI-590016 REPRESENTED BY ITS DIRECTOR DR. PRASAD DADDIKAR AGED 43 YEARS, R/A BELAGAVI

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SDM COLLEGE OF BUSINESS MANAGEMENT 3-186, SHREE VAIBHAVI, MANAGALORE-575019. REPRESENTED BY ITS DIRECTOR DR. SEEMA S SHENOY

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AGED ABOUT 42 YEARS, R/A MANAGALORE

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POORNAPRAJANA INSTITUTE OF MANAGEMENT STUDIES KADEKOPPALA, CHITPADY, UDUPI, KARNATAKA 576101 REPRESENTED BY ITS DIRECTOR DR. BHARATH V AGED 59 YEARS, R/A UDUPI

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…PETITIONERS

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(BY SRI. MADHUSUDHAN R. NAIK., SR. ADVOCATE FOR SRI. SURAJ NAIK.,ADVOCATE)

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AND:

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STATE OF KARNATAKA EDUCATION DEPARTMENT (HIGHER EDUCATION) VIKASA SOUDHA, BENGALURU 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY,

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BENGALURU CITY UNIVERSITY CENTRAL COLLEGE CAMPUS POST OFFICE RD, BENGALURU 560 001 REPRESENTED BY ITS REGISTRAR,

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MANGALORE UNIVERSITY MANGALAGANGOTHRI MANGALURU , KARNATAKA 574 199 REPRESENTED BY ITS REGISTRAR

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RANI CHANAMMA UNIVERSITY VIDYA SANGAMA BELAGAVI 591 156 REPRESENTED BY ITS REGISTRAR

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ALL INDIA COUNCIL FOR TECHNICAL EDUCATION NELSON MANDELA MARG, VASANT KUNJ NEW DELHI-110070 REPRESENTED BY ITS MEMBER OF SECRETARY,

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UNIVERISTY GRANTS COMMISSION BAHADUR SHAH ZAFAR MARG, NEW DELHI 110002 REPRESENTED BY ITS SECRETARY

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…RESPONDENTS

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(BY SMT. PRATHIBHA R.K., AGA FOR R1; SRI. RAJENDRA KUMAR SUNGAY.T.P., ADVOCATE FOR R2, R3 & R4; SRI. SHOWRI H.R., ADVOCATE FOR R5; SRI. SHRIKAR JAYAGOVIND., ADVOCATE FOR R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUEA WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDER, QUASHING THE IMPUGNED CIRCULAR DTD 7.12.2022 BEARING NO.ED 89 UGV 2022 ISSUED BY R-1 PER ANNX-A AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioners are before this Court seeking for the

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following reliefs:

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a. Issue a writ of Certiorari or such other appropriate writ or order, quashing the impugned Circular dated 07.12.2022 bearing No. ED 89 UGV 2022 issued by the R1 as per Annexure-A

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b. Issue a writ of directions, declaring that, it is not required under law, to have the undergraduate programmes being imparted, for ‘grant of affiliation for post graduate programmes, already granted by the Universities for which renewal of affiliation is sought for.

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c. Issue a writ of mandamus or any other appropriate writ directing the respective Respondent

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Universities not to apply the impugned circular instructions dated 07.12.2022 in so far as it relates to the grant of affiliation to the existing standalone institutions.

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d. Grant such other relief as this Hon’ble Court deems fit in the facts and circumstances of the case.

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Petitioner No.1 is an Association of Post-Graduate colleges, petitioners No.2 to 10 are Postgraduate colleges. All of them offering Masters in Business Administration course (MBA). Petitioners No.2 to 10 being affiliated to their respective jurisdictional Universities which affiliation has been renewed from time to time.

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The petitioners are aggrieved by respondent No.1State issuing a Circular dated 7.12.2022 addressed to all Vice Chancellors of the Universities in the State of Karnataka directing them that no affiliation can be issued or renewed to a post-graduate college if they are not offering Undergraduate program. It is in that background that the Circular/instructions dated 7.12.2022 and 25.04.2023 have been challenged.

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Sri.Madhusudhan R.Naik, learned Senior counsel for

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the petitioners would submit that,

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4.1. There is no specific requirement for a college providing Postgraduate Course to also provide Undergraduate Course in order to provide Postgraduate Course. His submission is that the reference and reliance made by the respondent-State on Clause 7.2 of the UGC [Affiliation of Colleges by Universities] Regulations, 2009 is completely misplaced inasmuch as the said clause relates to a proposal for raising an existing Undergraduate College to a Postgraduate studies level and does not by itself relate to or apply to a Postgraduate College.

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4.2. The same would apply only if, in addition to Undergraduate college, Postgraduate studies are being offered and, in such a situation, there is a requirement to satisfactorily complete two years of the Undergraduate program, which

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would not apply to a college starting a Postgraduate program from the inception.

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4.3. In this regard, he relies upon sub-clause (e) of Regulation 2.9.1 of the All India Council for Technical Education [AICTE], Approval Process Handbook 2022-23. By relying on the same, he

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submits that there is no embargo on starting a Postgraduate Level College without having corresponding/allied Undergraduate Level

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course being offered in the said College.

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4.4. On the above basis, his submission is that once the Rules and Regulations, including the Approval Process Handbook issued by AICTE categorically enable the College to be established only to provide Postgraduate Level Master’s in Business Administration Course, there would be no requirement which could be enforced by the State, requiring the petitioners No.2 to 10 to also offer an Undergraduate course in BBA or the like, for a period of two

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years before the Postgraduate course is made

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available at the petitioner’s 2 to 10 colleges.

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Sri.Showri H.R., learned counsel for AICTE – respondent No.5, would concur with the submission made by Sri.Madhusudhan R.Naik, learned Senior counsel and would submit that:

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5.1. Insofar as AICTE is concerned, any course relating to Management comes within the purview of AICTE.

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5.2. AICTE has no objection and he relies upon the letter dated 08.05.2023 addressed by the Advisor-I, Head Regulation Bureau, AICTE to the Deputy Secretary, Government of Karnataka, Higher Education Department indicating that AICTE is concerned with Postgraduate Management Education and not with the Undergraduate Management Education. Hence, it is stated that merger of AICTE approved MBA Institute with BBA

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Institute cannot be permitted and as such, a request has been made to the Higher Education Department, to relook into the provision of Section 7.2 of UGC and permit MBA Institute to run MBA courses without having UG, BBA courses.

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5.3. By relying on the said letter, as also sub-clause (e) of Regulation 2.9.1, he submits that the Circular which has been issued is completely unsustainable and is required to be quashed.

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5.4. He submits that the AICTE per se has no objection for any college to offer a Postgraduate course in Management without having Undergraduate Level being offered by the said College.

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Smt.Prathibha R.K., Learned AGA seeks to support the Circular by contending that in terms of UGC [Affiliation of Colleges by Universities] Regulations, 2009, there is no particular provision providing for

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establishing a college only providing Postgraduate studies. Regulation 7.2 of the said Regulations make it mandatory that for a College to provide Postgraduate study, there would be a requirement of Undergraduate Program being offered by the said college. In the present case, since the petitioner does not provide the Undergraduate Study, the request to the petitioner has been rejected in terms of the Circular dated 07.12.2022.

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Heard Sri.Madhusudhan R.Naik, learned Senior counsel for Sri.Suraj Naik, learned counsel for the petitioner, Smt.Prathibha R.K., learned AGA for respondent No.1, Sri.Rajendra Kumar Sungay T.P., learned counsel for respondents No.2, 3 and 4, Sri.Showri H.R., learned counsel for respondent No.5 and Sri.Shrikar Jayagovind, learned counsel for respondent No.6 and perused papers.

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The short question which would arise for

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consideration is:

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Whether a College can provide only a Postgraduate Management course affiliated with AICTE without providing an Undergraduate course, or would it be required for the College to provide an Undergraduate Management Course as a condition precedent to provide a Postgraduate Management Course?

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Regulation 7 of the University Grants Commission (Affiliation of Colleges by Universities) Regulations, 2009 which has been relied upon by the State is reproduced hereunder for easy reference:

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7. Eligibility to apply for addition of new programme of study.

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7.1 Any proposal for adding new programmes shall be considered by the University only after ensuring equitable distribution of facilities for higher education, having due regard, in particular, to the needs of the unserved, underdeveloped, rural,hilly, tribal and backward areas within its jurisdiction.

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7.2 Any proposal for raising the existing undergraduate college to post-graduate studies level shall be considered by the University only after satisfactory completion of two years of the under-graduate programme and the proposed buildings, qualified faculty and other infrastructure facilities are fully created as per the Regulations.

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7.3 Each application for addition of a new programme or for upgrading the existing programme to post graduate level shall be accompanied by the prescribed fee in the form of Demand drafts drawn in favour of the Registrar of the University.

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A perusal of Regulation 7.1 would indicate that any proposal for adding new programmes shall be considered by the University on the basis of distribution of facilities. Regulation 7.2 deals with any proposal for raising the existing Undergraduate College to Postgraduate Level.

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Thus, it is categorically clear from the reading of Regulation 7.2 that the proposal has to be for raising the existing Undergraduate college to Postgraduate Level and not as an establishment of a Postgraduate college. Regulation 7.3 again deals with the addition of a new program or upgrading the existing program, and Regulation 7.4 provides for temporary affiliation.

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Sub-clause (e) of Regulation 2.9.1 of the Approval Process Handbook of the AICTE reads as under:-

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2.9.1(e) To start additional/new Courses at Post Graduate level, the same shall be processed as per Clause 2.14 of the approval Process Handbook wherever corresponding/allied Under Graduate Level is available. However, the Constituent Colleges of State/Central Universities shall be permitted to start Post Graduate Level without corresponding/allied Under Graduate Level.

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A perusal of the above clause would make it very clear that the Constituent Colleges of the State/Central Universities shall be permitted to start Postgraduate Level without corresponding/allied Undergraduate Level. It is not in dispute that it is the AICTE which is the concerned authority insofar as Postgraduate Management Courses are concerned, the applicability of UGC [Affiliation of Colleges by Universities] Regulations, 2009 would only arise when AICTE does not provide for any particular aspect relating to the college or any course offered by the said college and other incidental thereof. So long as the AICTE has any particular rule applicable to a particular aspect, then it is the said Rule of AICTE that will have to be looked into.

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The UGC [Affiliation of Colleges by Universities] Regulations, 2009, is required to be referred to only to fill up the gaps, if any and/or lacuna, if any, in the AICTE Rules. It is for this reason that the Advisor-I of Head Regulation Bureau, AICTE has also written to

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the Deputy Secretary to the Government, Government of Karnataka, Higher Education Department indicating that AICTE is a Postgraduate Management Education coming under the purview of AICTE UG Management Education courses like BBA etc., would not come under the purview of AICTE. Merger of AICTE approved MBA Institute with BBA Institute cannot be permitted. Ofcourse this letter was issued on 08.05.2023 when the Bachelor in Management was not coming under the purview of AICTE. As of now, both the Masters course as also Bachelor course in Management comes within the purview of AICTE. Thus, going forward, there is no embargo on the petitioner providing a BBA course along with an MBA Course.

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Be that as it may, insofar as the present matter is concerned, the objection of the State was that without an Undergraduate course, a Postgraduate course could not be provided by the petitioners No.2 to 10 and/or the members of petitioner No.1. That is answered by the sub-clause (e) of Regulation 2.9.1 of the Approval Process Handbook 2022-23 as extracted above, which makes it categorically clear that Constituent Colleges of State/Central Universities, shall be permitted to start Postgraduate Level without corresponding/allied Undergraduate Level. Hence, when the Rules of the AICTE are clear and categorical in such permission being provided, the question of referring to the UGC [Affiliation of Colleges by Universities] Regulations, 2009 is completely misplaced and would not arise.

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In that background, I pass the following:

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ORDER

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i) The Writ Petition is allowed.

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ii) A certiorari is issued the Circular dated 07.12.2022 issued by respondent No.1 at annexure-A is quashed.

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iii) In terms of Clause (e) of 2.9.1 of the AICTE Approval Process Handbook 2022-23, it is declared that it is not required under law to have an Undergraduate Program being imparted for grant of affiliation for Postgraduate program already granted by the University insofar as any course which comes under the purview of AICTE is considered.

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iv) Since the Circular dated 7.12.2022 has been quashed, the question of applying the same to the petitioners No.2 to 10 and/or the members of petitioner No.1, who are offering only Postgraduate Management course would not arise.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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LN / PRS

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List No.: 1 Sl No.: 0

The Karnataka Private Post v. State of Karnataka

Case brief

What is this about?

What did the court decide?

The Karnataka Private Post v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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