NAVODAYA EDUCATION TRUST Vs. STATE

JUDGEMENT

(1.) This Writ Petition is to quash the order dated 19/21-3-1994 Annexure 'D' and order dated 7-5-1994 Annexure 'E' issued by the second respondent University rejecting the eligibility and admission of 20 students to the I Year B.Sc., Nursing Course for the academic year 1993-94 in their College.

(2.) The petitioner is an Educational Trust which is running number of educational Institutions. In order to start the B.Sc., Nursing Course, the petitioner made an application to the respondents for grant of affiliation to start the above Course from the academic year 1993-94. On the said application, the second respondent University made a recommendation to the State Government by a letter dated 1-4-1993 to grant permission to the petitioner Trust to start B.Sc., Nursing Course from the academic year 1993-94. On the basis of the above recommendation the first respondent Government has passed an order evidenced by Annexure 'A' dated 17-9-1993 according sanction to the petitioner to start a College on certain conditions, with an intake capacity of 40 students from the academic year 1993-94. The petitioner further stated in the Writ Petition that before making a recommendation to the State Government, the University had, appointed a Legal. Enquiry Committee who inspected the college and that it is only thereafter, that the second respondent made a recommendation to the Government. On the basis of the Government Order Annexure 'A' the petitioner admitted 20 students to the I Year B. Sc., Nursing Course for the academic year 1993-94, from 14-12-1993 to 21-12-1993. Thus, the petitioner alleges that all the requirements of Section 53 of the Karnataka Universities Act, 1976 are complied with and the issue of affiliation letter was only a formality, but the second respondent did not grant affiliation till February, 1994. The petitioner made an application to the second respondent requesting for the issue of affiliation letter, to the petitioner, on 23-2-1994 evidenced by Annexure 'B'. In the meanwhile, by Annexure 'C' letter dated 15-3-1994, the Indian Nursing Council, New Delhi, also accorded its approval for the petitioner for starting the B.Sc. Nursing Course. Thereafter, the petitioner submitted the list of students admitted by them to the I Year B.Sc., Nursing Course for the year 1993-94 for approval, but the second respondent by its letter dated 21-3-1994 evidenced by Annexure 'D' rejected the admission of the students to the I Year B.Sc., Nursing Course, on the ground that the University has not granted affiliation to the petitioner's College for the academic year 1993-94 and that the admissions were made after the last date fixed by the Government, viz., 31-12-1993. Accordingly, the admissions made by the petitioners were rejected and the eligibility application submitted by the petitioner was returned. In the meanwhile, the petitioner was making efforts to get the affiliation from the University. The petitioner also sent the list of students admitted by it and requested for permitting them to appear for the I year Examination commencing from 1-8-1994. By Annexure 'E' communication, the second respondent University returned the list along with its letter dated 7-5-1994 on the ground that, by a Notification dated 7-4-1994, affiliation has been granted to the petitioner's College only from the academic year 1994-95 and not from 1993-94. The petitioner has produced the above letter as Annexure 'E' and the list of students as Annexure 'E'. The petitioner again wrote a letter dated 21-6-1994 to the second respondent to reconsider their position which is evidenced by Annexure 'F' letter. However, no action has been taken by the second respondent on the above representation and the annual examination of 1993-94 of B.Sc. Nursing Course is scheduled to commence shortly and accordingly, this Writ Petition was filed by the petitioner challenging Annexures 'D' and 'E' orders where the admission made by the petitioner to the I Year B.Sc., Nursing Course for the year 1993-94 was rejected by the University. The main grounds taken by the petitioner are that the University itself has recommended to the State Government for according approval to the petitioner for starting B.Sc., Nursing Course from the year 1993-94 and on that basis, the State Government having granted approval, no further question of granting affiliation to the petitioner's College arises. By Annexure 'A' order, permission was granted by the State Government to the petitioner to start the College in 1993-94 and the admissions should have been approved by the University. It is further contended that the admissions were made between 14-12-1993 and 31-12-1993 which is well before the, last date of admissions and the University should have approved and accepted the list of students sent by the petitioner. On these grounds, the petitioner has prayed for quashing Annexures - 'D' and 'E' orders and to direct the second respondent to grant affiliation to the petitioner's Nursing College from the academic year 1993-94 and to accept the admission of 20 students of the petitioner's institution as shown in Annexure "E1" for B.Sc., Nursing Course for 1993-94.

(3.) By an order dated 26-7-1994, this Court directed Sri S.S. Koti, learned Standing Counsel for the second respondent to take notice and the Government Pleader was also directed to take notice on behalf of the first respondent. I heard the learned Counsel for the petitioner as also the learned Counsel for respondents 1 and 2 and as there is no dispute on the facts and the question to be decided will purely depend upon interpretation of Section 53 of the Karnataka Universities Act, I herd the matter finally.