LAWS(KAR)-2008-9-33

KARNATAKA INTERNATIONAL EDUCATION TRUST Vs. BANGLORE UNIVERSITY BANGLORE

Decided On September 17, 2008
KARNATAKA INTERNATIONAL EDUCATION TRUST Appellant
V/S
BANGLORE UNIVERSITY BANGLORE Respondents

JUDGEMENT

(1.) IN this case, the petitioner has sought for quashing the endorsement dated 7-8-2008 bearing No. ACA-3-HO-Sum. MED-KIET:2008-09 (Annexure 'g') issued by the first respondent-University and for a direction to the University to accord affiliation to the petitioner for imparting instructions at its k. I. E. T. College of P. G. and Research in Education, Bangalore, for M. Ed. course and for certain other reliefs.

(2.) BRIEF facts of the case are as under : the petitioner is a registered Trust, which has been catering to the educational needs of the students admitted to its various institutions. The petitioner has established a college for imparting instructions in B. Ed. course from the academic year 2006-2007. The petitioner has made an application to the Southern Regional Committee of the National Council for teacher Education (the third respondent herein) to grant recognition for M. Ed. course with an annul intake of 25 students for the academic year 2008-2009. The third respondent has passed an order as per Annexure 'a' dated 6-3-2008 granting recognition to the petitioner for M. Ed. course with an annual intake of 25 students subject to fulfilment of such other requirements as may be prescribed by other regulatory bodies like UGC, affiliation University bodies, State Government etc. as applicable.

(3.) SIMULTANEOUSLY, the petitioner made an application to the State Government the second respondent herein to grant affiliation in accordance with the provisions of the karnataka State Universities Act, 2000 (for short 'the Act' ). The second respondent has sent a letter as per Annexure 'b' dated 21-4-2008 directing the University to consider the application of the petitioner seeking grant of affiliation in accordance with law and to submit the proposal to the State Government. However, the University has sent a reply as per Annexure-D dated 9-5-2008 to the State government stating that affiliation cannot be granted to the petitioner for M. Ed. course having regard to the decision of the Syndicate of the University dated 1-2-2007. Once again, the State Government by a communication as per Annexure-F dated 30-6-2008 has directed the University to send a local inspection committee to the college of the petitioner and to secure the report. However, the University has sent a communication to the State Government as per Annexure 'g' dated 7-8-2008 stating that the petitioner is not eligible for grant of affiliation for M. Ed. course at its college as it was not granted affiliation for a continuous period of five years for B. Ed. course. The petitioner has called in question the said communication in this writ petition.