AKSHARA EDUCATIONAL TRUST, REP. BY ITS SECRETARY Vs. STATE GOVERNMENT OF KARNATAKA EDUCATION DEPARTMENT (PUE) REP. BY ITS SECRETARY AND PRE UNIVERSITY EDUCATION DEPARTMENT, REP. BY ITS DIRECTOR

JUDGEMENT

(1.) THOUGH this matter is posted in the orders list, by consent of learned Counsel for the parties, it is taken up for final hearing, heard and disposed of by this order.

(2.) THE Petitioner had made an application to the 1st Respondent seeking permission to start a Pre -University College (for short 'PU College') at Shikaripur Taluk, Shimoga District: Several other trusts and educational societies had made a similar application to start PU Colleges in different parts of the State. The 1st Respondent had granted permission to different trusts/societies to start PU Colleges including the Petitioner as per the orders at Annexures -E and F for the academic year 2010 -2011. The State Government has passed an order as per Annexure -A dated 31.5.2010 permitting the Petitioner to start the PU College for the academic year 2010 -11 subject to certain conditions mentioned therein. The Petitioner has deposited requisite lee with the 2nd Respondent for starting the said College. The Petitioner has also given an undertaking in Form -III to the 2st Respondent in terms of the order at Annexure -A. However the Join Director, Department of Pre -University Education has sent communications to the Petitioner as per Annexures -C and D dated 14.7.2010 and 27.07.2010 respectively, withholding the permission granted to it to start the PU College. The Petitioner has called in question the validity of the said communications in this writ petition.

(3.) ON the other hand, learned HCGP appearing for the Respondents submits that the permission granted to the Petitioner -Trust to start PU College has been temporarily kept in abeyance until further orders, in view of the directions issued by the office of the Minister for Higher Education.