MIRANDA EDUCATION SOCIETY REGISTERED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) FACTS in W. P. nos. 3957 and 14671 of 1997 petitioner-society (also referred to as 'mes' for short) applied to the Bangalore university ('university' for short) under Section 53 of the Karnataka state universities Act, 1976 ('the act' for short) seeking permission and affiliation for starting a part-time law college for imparting instructions for a three year ll. b. degree course. The local inspection committee of the university inspected the college on 23-5-1996 and submitted a report recommending grant of affiliation. The academic council recommended grant of affiliation on 10-6-1996, subject to the condition that the new college should obtain the prior approval of the bar council of india. The syndicate, at its meeting held on 18-6-1996 approved the resolution of the academic council. Thereafter, the matter was referred to the state government under Section 53 (5) of the act. The petitioner gave several representations for acceptance of recommendation.

(2.) THE facts in regard to the petitioner-society (also referred to as 'pet' for short) are similar to the facts in W. P. nos. 3957 and 14671 of 1997. It applied to the university seeking permission/affiliation for starting a part-time law college. The academic council and the syndicate recommended grant of affiliation on 10-6-1996 and 18-6-1996. The state government by letter dated 11-10-1996 informed pet that affiliation could not be granted till approval is granted by bci and directing the petitioner to obtain such approval. In spite of pet giving a detailed representation to the state government and university, affiliation was not granted. Pet filed W. P. No. 4247 of 1997 seeking a direction to the state and the university to consider and grant affiliation to pet to start an evening college and seeking a declaration that the government circular dated 21-5-1996 is ultra vires and inapplicable to petitioner.

(3.) THE following two questions arise for consideration.