M P Birla Institute of Management v. State of Karnataka

Karnataka HC19 Feb 2025WP/41217/2019

Case brief

AI extract

What is this about?

Excess fee collection by educational institute repaid/refunded to students; writ petition challenging Fees Regulatory Committee (Karnataka) fee order dated 27.11.2018 closed as infructuous; writ of certiorari under Articles 226 and 227 of the Constitution of India; education matter (EDN-RES); Karnataka High Court, Division Bench, 19.02.2025; NC: 2025:KHC:7422-DB; no quantified fee amount stated in judgment; no precedent discussed.

What did the court decide?

Since the amounts found to have been collected in excess by the Institute have been repaid to the students, nothing survives for consideration in this writ petition. ¶30

M P Birla Institute of Management Vs State of… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:7422-DB WP No. 41217 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF FEBRUARY, 2025

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 41217 OF 2019 (EDN-RES)

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BETWEEN:

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M.P. BIRLA INSTITUTE OF MANAGEMENT ASSOCIATE, BHARATIYA VIDYA BHAVAN No.43, RACECOURSE ROAD BENGALURU-560 001 REPRESENTED BY TIS DIRECTOR GENERAL DR. N.S. VISWANATH

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…PETITIONER

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(BY SRI. NISCHAL DEV B.R., ADVOCATE)

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AND:

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Digitally signed by CHANNEGOWDA PREMA

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Location: High Court of Karnataka

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STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY

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FEES REGULATORY COMMITTEE 2^ND FLOOR, KEA BUILDING SAMPIGE ROAD, 18^TH CROSS MALLESHWARAM BENGALURU-560 003 REPRESENTED BY ITS SECRETARY

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GOVERNMENT OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION ROOM No.645, 6^TH FLOOR

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2 - NC: 2025:KHC:7422-DB WP No. 41217 of 2019

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M.S. BUILDING BENGALURU-560 001 RERPESENTED BY ITS SECRETARY

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…RESPONDENTS

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(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R3; SRI. N.K. RAMESH, ADVOCATE FOR R2)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER WRIT OF LIKE NATURE QUASH THE IMPUGNED ORDER DATED 27.11.2018 (ANNEXURE-A) PASSED BY THE 2^ND RESPONDENT AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel for the petitioner as well

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as the learned counsel for the respondents.

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In view of the fact that the amounts which have

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been found to be collected in excess by the Institute has been repaid to the students, we are of the opinion that nothing survives for consideration in this writ petition.

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NC: 2025:KHC:7422-DB WP No. 41217 of 2019

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Accordingly, writ petition is closed as having become

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infructuous.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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