ABHYUDAYA EDUCATIONAL TRUST Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) Petitioners have sought for quashing Annexure-R-endorsement dated 12-9-2012 and for a direction to the respondents to declare the University to issue affiliation to the academic year 2010-11 and renewal for 2011-12 in relation to post-graduate course in MBA in terms of the approval by the AICTE and the recommendation of the State Government to the petitioner and further direct the University to declare the result of I and II Semester MBA examination for the year 2011-12 and of IV Semester of the 2010-11 held by Krishna School of Management during July 2012 as per the schedule detailed. Petitioner is a Trust established on 23-6-1990 and is running a school by name India International School as well as Pre-University Course and degree college and other disciplines including an Engineering College. It is also running a college for MBA course, in the name and style of Sri Krishna School of Management. The grievance of the petitioners is, even though documents are produced by them which clearly establish that they have sought for affiliation from the respondent for its MBA course for which valid sanction of the Government as well as the AICTE for the academic year 2010-11 is available, and also affiliation/approval of the AICTE which has granted approval in the name of Sri Krishna School of Management being a provisional affiliation, the results of I and II Semester examinations have not been announced denying the students admitted during the academic year 2011-12 from appearing for the examinations and also for having kept pending the application for continuation of affiliation for the said year, writ petitions were filed in W.P. Nos. 5269 and 5270 of 2012 and other connected matters for a mandamus to consider their applications as well as recommendation of the Government as per Section 59(2) of the Karnataka State Universities Act, 2000. It is submitted, based on the undertaking, writ petitions were disposed of by order dated 17-8-2012-Annexure-P.

(2.) It is also the submission of the petitioners' Counsel, without there being an opportunity afforded, with an ulterior motive, decision has been taken by the respondent-University rejecting the affiliation which necessitated the petitioners to approach this Court.

(3.) Heard the Counsel representing the respective parties. Statement of objections is also filed on behalf of the respondent-University.