NOORIE COLLEGE OF EDUCATION Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioners have been imparting B.Ed. Course. It is not in dispute that they have the recognition of the National Council for Teachers Education and affiliation of the Bangalore University. It is also not in dispute that the sanctioned intake capacity of each one of them is 100 students; 50 students are to be admitted in the Management quota and the remaining 50 students are to be admitted in the Government quota. For the academic year 2014-15, the Government did not utilize its quota. It sent 36 students to the petitioner No.1, 36 students to the third petitioner and no student was allotted by the Government to the second petitioner College in its quota. On account of the failure of the Government to utilize its quota and allot the students, the petitioners admitted the students on their own. The first petitioner admitted 14 students (respondent Nos. 4 to 17), second petitioner admitted 50 students (respondent Nos. 32 to 81) and the third petitioner admitted 14 students (respondent Nos.18 to 31).

(2.) Sri D.R.Ravishankar, learned counsel for the petitioner submits that the issue is no more res-integra and that it is covered by this Court's order, dated 03.11.2015 passed in W.P.Nos.45112- 45160/2015. He submits that for the failure of the Government to allot the students, the petitioners cannot be compelled to function with the truncated strength of the students. He submits that keeping the seats vacant would not be academically and financially viable.

(3.) Sri E.S.Indiresh, learned Government Pleader appearing for the first respondent submits, on instructions, that the Government has not utilized its admission quota for various reasons and that the prime reason could be that the aspiring students were not indicating their preferences for the colleges in question. He submits that as per Rule 9 of the Karnataka Selection of Candidates for admission to Teachers Certificate Higher Course (T.C.H.) and Bachelor of Education (B.Ed.) Rules, 1999, the list of selected candidates is required to be approved by the University.