JAYASREE S Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) These petitions are disposed of by a common order as a common point arises for consideration in all these cases.

(2.) Writ Petitions Nos. 5597 of 1987, 10655 of 1987 and 10511 of 1988 are filed by the petitioner/Jawahar Bharathi Education Trust and Writ Petitions Nos. 6352 to 6371 of 1987 are filed by the students of the Teachers Training College established by that Trust. The college in question is known as Sanjay Gandhi College of Education. It was established in the year 1980-81. This Education Trust which had established the college of education in question in the year 1981 appears to be in the vortex of a serious controversy which this Court should take judicial notice of for exercising its extra-ordinary jurisdiction. This Trust had been invoking the extraordinary jurisdiction of this Court for the last 4-5 years with the specific object of regularising the admission of students admitted by it in excess of the intake prescribed by the Government every year. It is not in dispute that the Government has power to fix the intake under the Karnataka State Universities Act specifying the maximum number of students to be admitted in each course during the academic year in question. The college was permitted to admit not more than 100 students during the academic year in question. But, all the same it has been admitting students far in excess of the prescribed intake and approaching this Court just before the expiry of the academic year for interim orders with a view to regularise such admissions. It is seen from the earlier writ petition filed by the petitioner/Trust in Writ Petition No.10912 of 1985 that it had approached this Court for regularising the admission made during the academic year 1985-86. In Writ Petitions Nos. 3735 to 3795 of 1988 this Court made an order dated 29-3-1988 referring the petitions of the petitioners to a Division Bench. The reference was made in view of the fact that the order made by this Court in Writ Petition No.2941 to 3044 of 1988 did not take into consideration the order made by the High Court and the Supreme Court in the Civil litigation between the parties in O.S.No.3203 of 1987 which ultimately ended in M.F.A.No.2267 of 1987 on the file of this Court. In the order of reference made by this Court there are some uncomplimentary remarks by the learned Judge who made the reference. The very same petitioner has approached this Court in Writ Petition No.13826 of 1983 for regularising the admission made for the academic year 1982-83. In Writ Petition No.12941 of 1984 to which I have made a reference earlier the petitioner/Trust had given an undertaking as follows:

(3.) In the circumstances, the petitioner/ Trust is not entitled to any relief. Even otherwise, its undertaking given in the earlier writ petition could not have been violated by it and the said violation amounts to contempt of this Court.