Sri. Tharun Manohar Vs B.M. Sreenivasiah… — Writ and Judicial Review | Karnataka HC (2025)

Sri. Tharun Manohar Vs B.M. Sreenivasiah… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioners have a statutory enforceable legal right against Respondent No.1, a private educational trust to which KEA returned the unfilled seats, to be admitted against vacant management-quota seats left after CET/COMED-K counselling rounds, with consequential directions to extend the admission deadline (Respondent No.6/AICTE) and approve such admissions. +1 more

Court's answer

The petitioners seek enforcement of their claimed right primarily against a private educational trust (Respondent No.1) to which the unfilled seats were returned by KEA, and there is no statutory enforceable right existing in favour of the petitioners to claim the reliefs pressed by their counsel.

Ratio / Principle

Under the facts and circumstances, the court declined to interfere in the matter.

Detailed headnote1 paragraphs

Writ Petition (EDN-RES) under Articles 226 and 227 of the Constitution by six aspirants to undergraduate engineering seats (2025-26) against B.M. Sreenivasiah Educational Trust (Respondent No.1), seeking (i) quashing of the Trust's newspaper caution notice dated 02.09.2025, published 05.09.2025 (Annexure-A), announcing that vacancies left after CET/COMED-K counselling rounds would be handed over to the CET/COMED-K authorities and not filled through the management quota, and (ii) mandamus directing admission of the petitioners to such vacant management-quota seats per the consensual agreement dated 21.05.2025 between the Government of Karnataka and KUPECA, extension of the last admission date, and approval of such admissions. Oral order (per Justice Jayant Banerji; bench: Justice Jayant Banerji and Justice K. V. Aravind): the petitioners seek enforcement of their right primarily against a private educational trust to which the unfilled seats were returned by KEA; there is no statutory enforceable right in favour of the petitioners; the court declined to interfere and the petition was dismissed.

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NC: 2025:KHC:44282-DB WP No. 28669 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF NOVEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI

AND

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO. 28669 OF 2025 (EDN-RES)

BETWEEN:

SRI. THARUN MANOHAR S/O MANOHAR B, AGE:18 YEARS, R/AT FLAT NO.64, 4^TH CROSS, BTS LAYOUT, NETAJI ROAD, BANNERGATTA MAIN ROAD, BENGALURU – 560 076

Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA

SRI. UTHKRUSHA A S/O ANIL KUMAR, AGE:18 YEARS, R/AT NO.72/4, 1^ST CROSS, 1^ST BLOCK, SAI BABA TEMPLE, THYAGARAJ NAGAR, J P NAGAR, BENGALURU-560078

SRI PRANAV KUMAR A S/O SAPNA ASHWIN, AGE:18 YEARS, R/AT NO.106/17, MODEL HOUSE, 4^TH STREET, NR COLONY, BASAVANAGUDI, BENGALURU-560004

SRI SRUJAN JOSHI S/O SRI SHRINATH M JOSHI, AGE:17 YEARS, R/AT H NO.34, CHETANA COLONY, 2^ND CROSS, MANJUNATH NAGAR, GOKUL ROAD, HUBLI, KARNATAKA-580030

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SRI SHISHIR BHUSHAN S/O B H BHUSHAN, AGE:18 YEARS, R/AT NO.2, SAI APARTMENT, 3^RD FLOOR, 4^TH TEMPLE ROAD, NEAR BJP OFFICE, MALLESHWARAM, BENGALURU-560003

SMT. SHRADDHA N KUMAR D/O NANDAN KUMAR T S, AGE:19 YEARS, R/O FLAT NO.53, HOODI LAYOUT, AMRUTHAHALLI, SHANKAR NAGAR POST, BENGALURU-560092

…PETITIONERS

(BY SRI. VIKRAM A. HUILGOL, SR. ADV. FOR

SRI. SIDDHARTH SUMAN, ADVOCATE)

AND:

B.M. SREENIVASIAH EDUCATIONAL TRUST BMS EDUCATIONAL TRUST OFFICE, BULL TEMPLE ROAD, BASAVANAGUDI, BENGALURU – 560 019 KARNATAKA, INDIA

DR. P DAYANAND PAI CHAIRMAN-BMS COLLEGE OF ENGINEERING BMS EDUCATIONAL TRUST OFFICE, BULL TEMPLE ROAD, BASAVANAGUDI, BENGALURU-560019 KARNATAKA, INDIA.

DR RAGINI NARAYAN DR B S RAGINI NARAYAN, DONOR TRUSTEE AND MEMBER SECRETARY, B.M.S. EDUCATIONAL TRUST, BMS EDUCATIONAL TRUST OFFICE, BULL TEMPLE ROAD, BASAVANAGUDI, BENGALURU-560019 KARNATAKA, INDIA.

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DR. BHEEMSHA ARYA PRINCIPAL BMS COLLEGE OF ENGINEERING, B.M.S. COLLEGE OF ENGINEERING, BULL TEMPLE ROAD, BASAVANAGUDI, BENGALURU-560019, KARNATAKA, INDIA.

PROF. SHOBHA G DIRECTOR, DEPARTMENT OF COLLEGIATE EDUCATION, GOVERNMENT OF KARNATAKA, OFFICE OF THE COMMISSIONER, UNNATHA SHIKSHANA SOUDHA, SESHADRI ROAD, BENGALURU-560001

ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE) MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVT. OF INDIA, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI-110070

DEPARTMENT OF TECHNICAL EDUCATION TANTRIKA SHIKSHANA BHAVANA, PALACE ROAD, BENGALURU-560001 PH: 080-22200777

VISVESVARAYA TECHNOLOGICAL UNIVERSITY (VTU) JNANA SANGAMA, VTIJ MAIN ROAD, MACHHE, VISVESVARAYA TECHNOLOGICAL UNIVERSITY, BELAGAVI, KARNATAKA-590018

…RESPONDENTS

(BY SRI. K.G. RAGHAVAN, SR. ADV. FOR SRI. LOHIT TALAVAR, ADV. FOR R1 TO R4; R5 – SERVED; SRI. H R SHOWRI, ADV. FOR R6; SMT. N ANITHA, AGA FOR R7; SRI. SANTOSH NAGARALE, ADV. FOR R8)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (a) TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDERS OR DIRECTIONS, QUASHING THE NOTICE DATED 02.09.2025 PUBLISHED IN THE NEWSPAPER THE TIMES OF INDIA ON 5TH SEPTEMBER 2025 (ANNEXURE-A) ISSUED BY THE RESPONDENT No.

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1; (b) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING RESPONDENT No. 1 TO ADMIT THE PETITIONERS IN RESPECT OF THE VACANT SEATS REMAINING AFTER THE COMPLETION OF THE CET AND COMEDK COUNSELLING ROUNDS, IN ACCORDANCE WITH THE TERMS OF THE CONSENSUAL AGREEMENT AND WITHIN THE MANAGEMENT QUOTA AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING – ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and

HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL ORDER

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Heard the learned counsel for the petitioners.

This petition has been filed seeking the

following relief:

“(a) to issue a writ of certiorari or such other appropriate writ or orders or directions, quashing the Notice dated 2/09/2025 published in the newspaper The Times of India on 5^th September 2025 (Annexure-A) issued by Respondent No.1.

(b) Issue a writ or mandamus or any other appropriate writ, order or direction, directing Respondent No.1 to admit the Petitioners in respect of the vacant seats remaining after the completion of the CET and COMEDK counselling rounds, in accordance with the terms of the consensual agreement and within the management quota.

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(c) Issue a writ or mandamus or any other appropriate writ, order or direction, directing Respondent No.6 to extend the last date up to which First Year students can be admitted against vacancies for undergraduate courses for the year 2025-26 in the institutions managed by Respondent No.1, to ensure that the vacant seats are duly filled in accordance with the consensual agreement.

(d) Issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondent No.8 and Respondent No.9 to forthwith approve the admissions made by Respondent No.1 against the vacant seats remaining after the completion of the CET and COMEDK counselling rounds, in accordance with the terms of the consensual agreement.

(e) To award costs and grant such other relief as this Hon’ble Court deems fit and expedient in the circumstances of the case, in the interest of justice and equity.”

The notice under challenge is a caution notice published in a newspaper of 05.09.2025 informing the general public that the council of Trustees of respondent No.1 – Trust in a meeting held on 22.08.2025 had resolved that any seat vacancies that may arise after various rounds of counselling for the academic year 2025-26 either in CET or COMED-K will be handed over to the CET or COMED-K authorities respectively; that the

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management has decided not to fill up such vacant seats through management quota and these seats will be surrendered to the concerned authorities. This notice also reflects that the authorities have been requested to fill up such seats that may fall vacant by conducting additional counselling rounds if required.

Learned counsel has referred to the consensual agreement dated 21.05.2025 entered into between the Government of Karnataka and the Karnataka Unaided Private Engineering Colleges’ Association¹ regarding regulating admissions and fee structure to the under graduate courses in Private Professional Colleges of Engineering / Architecture for the academic year 2025-26 with particular reference to clause – B(1) and (2) to contend that 45% of seats are to be made available / handed over by the members of KUPECA, out of the total

intake available, in each of their Member-Engineering Colleges to the Karnataka

1 KUPECA

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Examinations Authority² , for counselling and allocation of seats. All unfilled Government Quota seats will revert back to the Association’s respective member institutions’ 10 days before the last date prescribed by AICTE for merit based counselling to its general merit category candidates to be conducted on the basis of merit in an objective and transparent manner. The sole contention is that the petitioners would lose their right to the aforesaid seats in case respondent No.1 does not fill up the vacant seats in the management quota.

5. In our considered opinion, the petitioners seek

enforcement of their right primarily against a private Educational Trust – respondent No.1 to which the unfilled seats have been returned by the KEA. There is no statutory enforceable right existing in favour of the petitioners to claim the relief being pressed by the learned counsel for the petitioners.

2 KEA

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NC: 2025:KHC:44282-DB WP No. 28669 of 2025

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Under the facts and circumstances, we decline

to interfere in the matter. This petition is therefore

dismissed.

Sd/(JAYANT BANERJI) JUDGE

Sd/(K. V. ARAVIND) JUDGE

KG List No.: 1 Sl No.: 7