Writ Petition No. 614 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:15148 WP No. 614 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 614 OF 2025 (EDN-RES) BETWEEN: 1. SRI. BASAVESHWARA EDUCATION SOCIETY (R), HALKURIKE, MADENUR GATE, B H ROAD, TIPTUR - 572 202, TUMKUR DISTRICT, BY ITS PRESIDENT: SRI. H.N. HALAPPA, AGE 69 YEARS. 2. SRI. BASAVESHWARA INSTITUTE OF TECHNOLOGY, MADENUR GATE, B.H. ROAD, TIPTUR - 572 202, TUMKUR DISTRICT, BY ITS PRINCIPAL DR. J.N. PRAKASH, AGE 55 YEARS. …PETITIONERS (BY SRI. SHIVARAMU H.C, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF TECHNICAL EDUCATION, K.G.S 6TH FLOOR, M.S. BUILDING, R NO.645, DR. B.R. AMBEDKAR ROAD, BENGALURU - 560 001. 2. VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNAN SANGAM, BELAGAVI - 590 018,
Legal Reasoning
Digitally signed by D HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15148 WP No. 614 of 2025 BY ITS REGISTRAR. …RESPONDENTS
Legal Reasoning
(BY SMT. B. SUKANYA BALIGA, AGA FOR R1; SRI. ABHISHEK KUMAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE LETTER DATED 02-01-2025 BEARING NO. VTU/ACA/2024- 25/A-6/5149 ISSUED BY THE VISVESWARAYA TECHNOLOGICAL UNIVERSITY, BELGAUM, MARKED AS ANNEXURE-J BY ISSUING A WRIT IN THE NATURE OF CERTIORARI AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seeks for the following reliefs: (i) Quash the letter dated 02.01.2025 bearing No.VTU/Aca/2024-25/A-6/5149 issued by the Visveswaraya Technological University, Belgaum, marked as Annexure "J" by issuing a writ in the nature of certiorari. (ii) Issue writ in the nature of mandamus directing the University, to restore the third semester students of the college transferred to University College as per the decision of the Executive Council of the University dt: 18.10.2024; and - 3 - NC: 2025:KHC:15148 WP No. 614 of 2025 (iii) Pass such other orders as deems fit to grant under the circumstances of the case in the interest of justice. 2. A perusal of the material on record will indicate that on 12.10.2024, the respondent No.2-University cancelled the affiliation of the petitioners by passing an order which was assailed by the petitioners in W.P.No.34310/2024, which was disposed of by this court by holding as under: i) ii)
Decision
"The writ petition is allowed. The letter dated 12.12.2024 at Annexure-K, is quashed. iii) The letter dated 12.12.2024, bearing No.VTU/Aca./2024-25/A-6/4799 at Annexure-K is read down as a show-cause notice. The representation submitted by the petitioners on 14.12.2024 at Annexure-L to the Vice Chancellor, is directed to be considered to be reply to the read down show-cause notice. iv) The respondent-University is directed to pass necessary orders on the same within a period of three weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the petitioners and - 4 - NC: 2025:KHC:15148 WP No. 614 of 2025 after a joint inspection of the premises, which inspection is directed to be held commencing from 10.30 a.m. on 26.12.2024. v) There will be no requirement for issuance of any further notice in relation thereto. vi) The petitioners if chooses to participate in the said inspection, are permitted to do so. In the event of the petitioners not participating and or not permitting the inspection, the petitioners will not be entitled to any equities. vii) Transfer of the students if already made, is subject to the decision of the University to be taken as indicated above." 3. In pursuance of the said order passed by this court dated 20.12.2024, the respondent No.2 conducted inspection of the petitioners - institution on 26.12.2024 pursuant to which the respondent proceeded to pass the impugned order at Annexure-J dated 02.01.2025 once again canceling the affiliation of the petitioners. Aggrieved by the impugned order at Annexure-J dated 02.01.2025, petitioners are before this court by way of the present petition. - 5 - NC: 2025:KHC:15148 WP No. 614 of 2025 4. Learned counsel for the petitioners would reiterate the various contentions urged in the petition and refer to the material on record in order to point out that subsequent to conducting inspection on 26.12.2024, the said report was not furnished to the petitioners who did not have sufficient or reasonable opportunity to file his objections to the report and make appropriate submissions before respondent No.2 thereby violating principles of natural justice and as such, the impugned order deserves to be set aside and the matter be remitted back to respondent No.2 for re-consideration afresh in accordance with law. 5. Per contra, learned counsel for the respondent No.2 would invite my attention to the impugned order in order to contend that subsequent to the inspection conducted on 26.12.2024, the respondent No.2 communicated to the petitioners to appear on 31.12.2024 and it is only after hearing the petitioners, the respondent No.2 passed the impugned order canceling the affiliation - 6 - NC: 2025:KHC:15148 WP No. 614 of 2025 and as such, the impugned order does not warrant interference by this court in the present petition. It is further submitted that the inspection report dated 26.12.2024 has been produced by the petitioners as Annexure-R1 to the statement of objections. 6. By way of reply, learned counsel for the petitioners submits that if reasonable time is granted, the petitioners would look into the inspection report produced at Annexure-R1 and other documents produced by the respondent and file the objections to the same and respondent No.2 may be directed to re-consider the matter afresh in accordance with law. 7. In view of the aforesaid facts and circumstances and the undisputed fact that the petitioners had not filed its objections to the inspection report prior to the impugned order, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit the matter back to respondent No.2 for re-consideration - 7 - NC: 2025:KHC:15148 WP No. 614 of 2025 afresh in accordance with law after providing sufficient and reasonable opportunity to the petitioners and by issuing certain directions. 8. In the result, I pass the following: ORDER (i) Petition is allowed. (ii) The impugned order at Annexure-J is hereby set aside and the matter is remitted back to respondent No.2 for re- consideration afresh in accordance with law. (iii) The petitioners are directed to appear before respondent No.2 on 21.04.2025 without awaiting further notice from respondent No.2. (iv) On 21.04.2025, the petitioners shall file objections, pleadings, documents etc before the respondent No.2 who shall consider the same and proceed further and take appropriate decision / pass - 8 - NC: 2025:KHC:15148 WP No. 614 of 2025 appropriate orders in accordance with law as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE SS List No.: 1 Sl No.: 13 CT: BHK