LAWS(KAR)-2000-11-36

YELLALINGA EDUCATION TRUST Vs. STATE OF KARNATAKA

Decided On November 24, 2000
YELLALINGA EDUCATION TRUST Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THESE Writ Petitions are primarily concerned with the estabishing of Ayurvedic and Unani Medical Colleges in Karnataka State. They raise a common question, the factual matrix whereof is as follows:

(2.) THE petitioner colleges were originally situate within the area of operation of either the Karnataka University of Gulbarga University as the case may be, functioning under the Karnataka State universities Act. With intent to commence an Ayurvedic or Unani teaching College or Nursing College, as the case may be they had submitted their applications duly to the respective Universities for affiliation. The process of affiliation is governed by Section 53 of the karnataka State Universities Act, 1976. Broadly speaking, the scheme of the statute is that the University appoints a Local Inspection committee (LIC for short) who inspects the applicant college and verifies on the application submitted and recommend the viability to the Academic Council of the University. The Academic Council deliberates on the report and submits its opinion to the Syndicate for further action. It may be noted that neither of the body makes any recommendation as to whether the application be "granted or rejected. It only opines on the application submitted as a fact finding body. The reports thus of the Academic Council along with the report of the Local Inspection Committee is submitted to the Syndicate. The Syndicate in its turn deliberates on the request of the application for affiliation of the college. It decides and recommends to the State government as to whether the affiliation be granted or not. The decision thus formed is forwarded to the competent Government for its decision. The stage is as contemplated under Section 53 (5} of the The Karnataka State Universities Act, 1976. For the sake of understanding the scope of controversy it is relevant to refer to section 53 (5) of the Act of this stage. Section 53 (5) reads as under:

(3.) WE will now deal with individual cases on hand: