DECCAN ENTERPRISES BANGALORE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioners have approached this court for issuance of a writ of mandamus directing the respondents to approve the admissions of the students admitted in the petitioner-colleges i.e., b.m.s, college of engineering, bangalore (in short, "the first college"), national institute of engineering, mysore (in short, "the second college''), malnad engineering college, hassan (in short, "the third college") and p.e.s. college of engineering, mandya (in short, "the fourth college")durmg the academic year 1994-95 in different courses of bachelor of engineering degree. These colleges are affiliated to either of the two respondent-universities.

(2.) since in the present and several other writ petitions of the like nature involved ascertainment of certain facts, like the intake capacity of the colleges and the actual admissions made therein through the c.e.t. cell and by the managements as also some other connected matters, it was found convenient to get a report on these aspects from the education secretary. Accordingly as directed by me under Order dated 1-12-1995 in writ petition nos. 23729 to 23731 of 1995, learned education secretary-ii, after giving reasonable opportunity to the college managements of placing on record all the relevant documents and on hearing them, as also after taking into account the' official records in this connection, has submitted his report dated 11-12-1995 setting out all the necessary details required for disposal of this set of writ petitions. College managements have not disputed these basic facts.

(3.) the first and second colleges are aided private institutions. The total approved intake of these two colleges till the academic year 1993-94 was of 815 and 390 students respectively. During the year 1994-95, the government under its Order No. Ed 41 dte 94(1), dated 15-9-1994 increased the said intake by 87 and 49 seats respectively subject to the conditions that (i) these additional seats will be "free seats", and (ii) these seats will be allotted by the c.e.t. cell on the basis of merit list prepared by it.