INSTITUTE OF COMMERCE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition coming up for preliminary hearing after notice to respondents is disposed of by the following order after hearing the Counsel for parties.

(2.) The petitioner is a Commerce Institute in HAL. area of Bangalore (Hindustan Aeronautics Ltd., area). The Institute has been functioning from 1962. The Institute was recognised by the Government.

(3.) It is necessary to state that running of the institute is governed by what are called the Rules for Commerce Education (hereinafter referred to as the Rules) of the Government of Karnataka in the Department of Public Instructions. Part I of the Rules provides for the constitution and functions of the Board for Commerce Education. In part II of the Rules provisions have been made for recognition of Commerce Institutes/ Schools, the conditions for recognition, renewal of temporary recognition and grunting of permanent recognition. Rule 6 of Part II of the Rules provides for refusal of recognition. Rule 7 of Part II of the Rules provides for withdrawal of recognition. It is unnecessary to refer to the other Rules inasmuch as they have no direct bearing on the issue in this writ petition It should also be noted here that the Rules are not statutory Rules, but Rules made by the Government, apparently in exercise of their executive power under Art. 162 of the Constitution. The Rules framed have been approved by the Government, vide its letter No. ED 17 TCE 75, dated 3rd September 1975.