MALNAD COLLEGE OF ENGINEERING REP. BY ITS CHAIRMAN, GOVERNING COUNCIL Vs. STATE OF KARNATAKA, DEPT. OF EDUCATION REPRESENTED BY ITS SECRETARY AND MYSORE UNIVERSITY REP. BY ITS REGISTRAR

JUDGEMENT

(1.) W .A. No. 3175/2005 is filed by the management of Malnad College of Engineering, while W.A. No. 350/2006 is filed by the University of Mysore, challenging the order of the learned Single Judge, passed in W.P. No. 4431/2000 dated 30/6/2005.

(2.) THE facts of the case leading to the filing of these appeals are that the management of the Engineering College had filed the writ petition challenging the order dated 6/8/1998 passed by the Mysore University, whereby it permitted excess students admitted by the college for B.E. Course for the academic year 1995 -96 to appear in the 6th semester examination, subject to the payment of penalty of Rs. 10 lakhs and certain other conditions Vide Annexure 'A' to the Writ Petition. The Engineering College, which is affiliated to Mysore University, in respect of academic year 1995 -96 had admitted 5% of its management quota by 16/10/1995 out of total of 570 seats and out of the remaining 542 seats, the Government filled up 471 seats by 16/10/1995, which left a balance of 71 seats as unfilled seats on the said date. That 49 seats out of 71 seats had remained unfilled but were unilaterally filled up by the management of the college and thereafter CET Cell sent 71 students after 26/10/1995. As a result, it had admitted 619 students even though 570 seats was the intake capacity, resulting in 49 excess admissions. According to the College, since 16 students did not join the course, the excess admissions were 33 seats. The college therefore sought regularisation of excess admissions by making a representation to the State Govt. by its communication dated 12/3/1996 but the request of the college was rejected. Being aggrieved by the said communication, the Petitioner college had filed W.P. No. 7295/96 and W.P. Nos. 7401 -7476/1996 questioning the communication of the State Government and seeking regularisation of the admission of 77 students i.e., 28 students admitted in NRI quota and 49 students admitted by the College after the order of the Hon'ble Supreme Court i.e., 26/10/1995. This Court by order dated 27/5/1996 dismissed the said writ petitions. Being aggrieved by the said order, the Petitioner - College had filed W.A. No. 6445 to 6521/96 and other connected cases, which were also dismissed on 22/10/1997, against which, SLP (Civil) No. 5346 -5422/98 were filed before the Hon'ble Supreme Court. During the pendency of the S.L.Ps, the All India Council for Technical Education (hereinafter, referred to as 'AICTE') by its communication dated 28/8/98, granted exemption for excess admission to the Petitioner - College for the academic year 1995 -96 and as a result, the S.L Ps were disposed of. In the meanwhile, the Petitioner - College had requested the Mysore University to permit the students to appear in the examination and the Syndicate of the University permitted the students to appear in the 6th semester examination, pending regularisation of admission by the AICTE, by imposing a penalty of Rs. 10 lakhs on the Petitioner - College, for making excess admission by its order dated 6/8/1998. Consequently, Petitioner - College was permitted to allow the excess students to appear in the 6th semester examination on payment of the said amount. It is thereafter, the Petitioner - College filed W.P. No. 4431/2000 seeking quashing of the order dated 6/8/1998 and a mandamus directing the University to refund the amount of Rs. 10 lakhs paid by it together with interest from the date of receipt till the date of payment.

(3.) THE State Government also filed objections supporting the stand of the University and contended that the Petitioner - college had to approach the Civil Court for refund of the amount of Rs. 10 lakhs.