MANAGING TRUSTEES SUBHASHSHINI EDUCATION TRUST Vs. R VICKRAMADITIAN

JUDGEMENT

(1.) The appellant herein is a trust which is running a women's college at kolar Gold Fields (KGF). Subsequently, the institution was also granted affiliation for imparting BEd course also by Bangalore University. Subsequently, it was felt that there was not enough space in the college building for accommodating the entire students in BEd course. Since the area was a mining area, there was restriction in constructing building, the appellant applied to the University for shifting BEd College to a place known as Bangarpet which is at a distance of 8 km from KGF. Initially, the said application was rejected by the University on the ground that it is not expedient during the middle of the session. Subsequently, the appellant herein applied again to the State Government for grant of permission for shifting BEd College from KGF to Bangarpet. On receipt of the said application the Government by order dated 4-6-1995 granted permission to shift the college from KGF to Bangarpet. Acting upon the said sanction granted by the State Government, the appellant has constructed a building at bangarpet and started imparting education therein. Subsequently, a public interest litigation was filed challenging the ground of permission to shift the college from KGF to Bangarpet. The High Court of Karnataka by the impugned judgment set aside the order passed by the State Government on the ground that under the Karnataka State Universities Act, 1976 (hereinafter referred to as "the Act") (sic the State) has no power to permit the shifting of the college from a locality for which the recognition was granted to another locality. It is against the said judgment of the High Court the appellant has come up in appeal before this Court.

(2.) Mr S. B. Sanyal, the learned Senior Counsel appearing for the appellant urged that the power to shift the college from one locality to another locality is implicit in the power to grant affiliation. We find merit in the contention. Section 53 of the Act reads as under:

(3.) A perusal of the aforesaid provision would show that a detailed procedure is laid down for the grant of affiliation. A power to grant affiliation would also empower the authorities to pass appropriate orders from time to time, which would include an order as regards location of the college. But such exercise must be done in the same manner as is required to be taken while granting the affiliation. However, we do not find that the State government has any power to pass ultimate order shifting the institution. The state Government only could have made a recommendation to the university for grant of shifting of college from one locality for which the affiliation was granted to another locality whereafter it is for the university to pass an appropriate order under sub-section (5) of Section 53 of the Act. We, therefore, treat the impugned order (government order dated 4-6-1995) as a recommendation of the State under Section 53 of the Act. The said recommendation shall now be placed before the University for its consideration and passing of an appropriate order in accordance with law.