THIRUMALA EDUCATIONAL TRUST Vs. VICE-CHANCELLOR, BANGALORE UNIVERSITY

JUDGEMENT

(1.) The petitioner is before this Court assailing the notice dated 10-12-2013 which is impugned at Annexure-F to the petition. The petitioner is a Trust registered under the Indian Trusts Act, 1882 which is running the Educational Institution. It was granted 'No Objection Certificate' for establishment of Sri Venkateshwara B.Ed. College with the intake of 100 students starting from the academic year 2004-2005.

(2.) When the issue with regard to affiliation based on the available infrastructure was to be considered, the Local Inspection Committee (for short, the 'LIC') was of the view that the infrastructure possessed by the petitioner is defective and insufficient. In that regard, the show-cause notice dated 10-12-2013 has been issued to the petitioner listing out the inadequacies in possessing the infrastructure. The petitioner no doubt replied to the said show-cause notice through its communication dated 20-12-2013, but has also approached this Court assailing the show-cause notice.

(3.) A perusal of the reply issued to the show-cause notice though lists out the availability of the infrastructure, there is no material based on which the same could be justified. In any event, when the inadequacies have been listed in the show-cause notice and the petitioner is only seeking to contend that the facilities available are sufficient, the said aspect of the matter requires to be considered by the respondent, more particularly in a circumstance where sometime has lapsed presently. In that view, the petitioner may make a request seeking for an inspection by the LIC, so as to satisfy that the infrastructure available is sufficient for conducting the course and seeking affiliation. If such request is made, the LIC shall carry out such inspection and thereafter, come to a conclusion based on the infrastructure that is available.