VISVASWARAYA EDUCATION TRUST Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) As the questions that arise for determination in these cases are common we propose of them by a common order.

(2.) A registered trust called "Sir M. Visveswaraya Education Trust' with its office at No. 45 Millers Road, Vasanthnagar, Bangalore-560 052 named after that renowned Engineer, Statesman, Administiator and one of the illustrious Diwans of erstwhile native State of Mysore who was born in a village called Muddanahalli of Kolar District is the petitioner in Writ Petition No. 15793 of 1985 and we will hereafter refer to the same as 'Sir M. V. Trust' or as the petitioner. While the mother-tongue of Sir M. Visveswaraya was Kannada, though his fore fathers migrated from a village called Mokshagundam situated in the Kurnool District of the present State of Andlva Pradesh, the language of the State, the trust named after him somewhat intriguingly claims to have been founded by linguistic minorities probably on the ground that those who have founded the trust and controlling the trust are all from Kerala State or Malayalam speaking which however, was not presssd before us. The petitioner has also mustered the support of about 101 persons mostly of Kolar town and a few from other places of that District end they have filed Writ Petition No. 76517 of 1985 whole heartedly supporting its case for reasons that are obvious. We will refer to the petitioners in Writ Petition No. 16517 of 1985 as the public of Kolar.

(3.) On or about 30-10-1984 the petitioner made an application in the prescribed form under Section 53 of the Karnataka State Universities Act. 1976 (Karnataka Act 28 of 1976) ('the Act') to the Bangalore University ('University') for grant of affiliation to a medical college called 'Mahatma Gandhi Medical College' to be started by it near Kolar Town, the District Head Quarter of the same District for the academic year 1985-86. On receipt of that application, the University deputed a Local Inquiry Committee ('LIC') consisting of Dr. (Mrs.) Saraswathy K. Bhargava as the Chairman and Sri B. G. Mahesh, Deputy Registrar as the Convenor to inspect the facilities available and report. The LIC visited Kolar on 4-4-1986 inspected the facilities available for starting the college and ultimately recommended thus :