KHAJA EDUCATION SOCIETY Vs. STATE FB

JUDGEMENT

(1.) In these petitions under Art. 226 of the Constitution, the petitioners have sought for quashing the Government Order No. ED.19.TEC. 91 dated 7-5-1991 -governing admission to private Engineering Colleges and also the Government Order bearing No. MED.166.HFW.91 dated 25-5-1991 relating to admission to 1st M.B.B.S. in private Medical Colleges. They have also sought for quashing the communication bearing No. DTE.9/ACN 1/91 dated 16-5-1991 issued by the Director, Technical Education.

(2.) In addition to this, in W.P. Nos. 13687 to 13689 of 1991 (Engineering), W.Ps. 14001 to 14007/91, W.Ps. 14055 and 14056/91, W.P. 14716/91 and W.P. 14506/91 the petitioners have sought for a declaration that the provisions contained in the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984, (hereinafter referred to as 'the Act') are unconstitutional and to strike down the same. To be specific in W.P. Nos. 14001 to 14007/91 the petitioners have prayed for declaring Section 4(2) of the Act as unconstitutional, whereas in W.P. Nos. 13687 to 13689/91 and W.P. 14506/91 the petitioners have prayed for declaring the whole Act as unconstitutional. Whereas in W.P. Nos. 14055 and 14056/91 and W.P. 14716/91 the petitioners have sought for striking down Sections -- 3, 5, 6, 7, 8 and 9 of the Act as being violative of Articles 14, 19, 21 and 300A of the Constitution. In W.Ps. 14055 and 14056 of 1991 the petitioners have also sought for quashing the Govt. Order bearing No. ED 131 TEC 87 dated 26-5-1989 (Annexure-A) and the Government Order No. ED.151 TECH 88 dated 31-5-1989 (Annexure-B) and the Government Order No. ED.63 TECH 89 dated 4-5-1989 (Annexure-C). In W.P. 14716 of 1991 the petitioner has also sought for quashing the order (which is described as 'Press Note') bearing No. DTE 15 ACM (1)91 (Annexure-A) issued by the Director of Technical Education.

(3.) In most of the writ petitions, the petitioners have prayed for issuing a writ in the nature of mandamus directing the respondents to forbear from prescribing any procedure and time limit for admitting the students within the management quota or to restrain the respondents from interfering with the admission of students to the petitioner institutions to the extent of their intake. In W.P. 13833/91 and W.P. 14286/91 the petitioners have alternatively prayed for a declaration that the Government Order dated 7-5-1991 and the letter dated 16-5-1991 issued by the Director of Technical Education pursuant to the Government Order dated 7-5-1991 do not apply to the petitioners' - institutions. 3A. These writ petitions fall into two groups. One group constitutes the management of the Private Engineering Colleges and another group constitutes the management of the Private Medical Colleges. W.P. Nos. 13216/91, 14001 to 14007/91, 13687 to 13689/91, 11622/91, 13833/91, 17369/91, 14055 and 14056/91, 14286/91 and 14716/91 are preferred by the Private Education Institutions which run the Private Engineering Colleges. W.P. Nos. 14329/91, 17345/91 and 14506/91 are preferred by the Private Educational Institutions which run the Private Medical Colleges.