SHANTIVARDHAKA EDUCATION SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The only prayer made in this writ petition is for the issue of a writ of mandamus directing the first respondent to approve the admission of 208 students to the First Year B.E. Degree course during the academic year 1985-86, though the intake fixed by the Government was 165.

(2.) We are unable to agree that the petitioner is entitled to any writ of mandamus, for the reason that the very basis for the issue of a writ of mandamus is the existence of a right in the petitioner and a corresponding duty on the part of the respondents. In the present case, even on the facts stated by the petitioner, it had no right to admit more students than the permitted intake and the respondents were under no duty to approve the same. The petitioner who has touted the intake fixed, cannot seek a writ of mandamus to secure the benefit of its illegal action.

(3.) What has happened, however, in this writ petition is that on 7th April 1986 an interim order directing respondents 1 and 2 to approve the admission made by the petitioner-institution for the academic year 1985-86 was granted and the University was also directed to permit the said students to take their examination. Nearly four years have elapsed from the said date and therefore it is obvious that all the students must have completed the B.E. degree course by now.