Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1569-DB WP No. 38010 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 38010 OF 2009 (LB-RES PIL) BETWEEN:
1. CHANDRASHEKAR M ARAMANI S/O MAHADEVAPPA ARAMANI AGED ABOUT 67 YEARS RESIDING AT "PARVATHI NILAY" VIDYANAGAR, HUBLI
2. VISHWANATH KARIBASAPPA MAMANI S/O KARIBASAPPA MAMANI AGED ABOUT 49 YEARS RESIDING AT SHIVA BASAVA VIDYANAGAR, HUBLI
3. NARENDER R SAIGAL S/O RAGHUNATH DAS SAIGAL AGED ABOUT 72 YEARS RESIDING AT ROOP NIVAS ASHWIN COLONY, NEAR AMRUT TALKIES, VIDYANAGAR, HUBLI
4. VINAYAK AGED ABOUT 63 YEARS S/O GANGADHAR CHILLAL
Digitally signed by H K HEMA Location: High Court of Karnataka
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R/AT BEHIND GIRISH ASHRAM NEAR AMRUT TALKIES VIDYANAGAR, HUBLI
5. MAHABALESHWARA GOUDA S/O BASAVARAJ GOUDAR AGED ABOUT 65 YEARS RESIDING AT "SUNDARBAN" NEAR AMRUT THEATRE VIDYANAGAR, HUBLI
6. RAJASHEKHARA FAKIRAPPA HOSAKATTI S/O FAKIRAPPA HOSAKATTI AGED ABOUT 59 YEARS RESIDING AT ASHWIN COLONY NEAR AMRUT TALKIES VIDYANAGAR, HUBLI …PETITIONERS (BY SRI. S SRIRANGA, SENIOR ADVOCATE A/W SRI. ARIHANTH R. SUNGAY, ADVOCATE FOR SMT. SUMANA NAGANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA MINISTRY OF EDUCATION VIDHANA SOUDHA, BANGALORE
2. HUBLI DHARWAD MUNICIPAL CORPORATION LAMINGTON ROAD, HUBLI REPRESENTED BY COMMISSIONER
3. PRE-UNIVERSITY EDUCATION DEPARTMENT PRE-UNIVERSITY AND PROFESSIONAL EDUCATION DEPARTMENT, DHARWAD
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REP BY ITS DEPUTY DIRECTOR
4. PRE UNIVERSITY EDUCATION DEPARTMENT 18TH CROSS, SAMPIGE ROAD MALLESHWARAM, BANGALORE 560 012 REP BY ITS DIRECTOR
5. CHOUGALE EDUCATION SOCIETY DIAMOND CORNER, 2ND FLOOR DESHPANDENAGAR, HUBLI REP BY ITS SECRETARY ANILKUMAR CHOUGALE
6. MODERN COMPOSITE PU COLLEGE EJIPURA, VIVEKNAGAR POST BANGALORE-560 047 REP. BY ITS PRESIDENT SRI. M.S. KHAN AGED 56 YEARS S/O ABDUL SATTAR KHAN
7. THE BANGALORE EDUCATION SOCIETY COMPOSITE P.U. COLLEGE REP. BY ITS SECRETARY SHRI. JEERIGE LOKESH AGED ABOUT 70 YEARS S/O LATE S.S. JEERIGE 4TH MAIN, 8TH CROSS MALLESHWARAM BANGALORE-560 003
8. SHREYAS EDUCATIONAL SOCIETY (REGD.) (ST. LAWRENCE WOMEN'S COMPOSITE P.U. COLLEGE)
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REP. BY ITS SECRETARY SRI. A.R. RANGASWAMY S/O LATE A.G. RANGAIAH AGED ABOUT 61 YEARS NO.135, KAMAKSHIPALYA MAGADI MAIN ROAD BANGALORE-560 079
9.
THE BALA BHARATHI EDUCATION SOCIETY (REGD.) RUNNING VIJAYABHARATHI INDEPENDENT PU COLLEGE AT BHUVANESHWARINAGARA, T. DASARAHALLI EXTENSION, NEAR HESARAGHATTA MAIN ROAD BANGALORE-560 057 REP. BY ITS SECRETARY VIJAYALAKSHMI W/O B.V. SATHYANARAYANA AGED ABOUT 52 YEARS. 10. SRI. GANDHADAKAVALU SRI CHOWDESHWARI VIDYA SAMSTHE (R), SRI. VINAYAKA MAHILA PRE-UNIVERSITY COLLEGE SUNKADAKATTE, VISHWANEEDUM POST BANGALORE-560 091 REP. BY ITS SECRETARY SRI. S. BEERAPPA S/O LATE SIDDAIAH AGED ABOUT 62 YEARS R/AT NO.5, PIPELINE CIRCLE SUNKADA KATTE, BANGALORE-560 091
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11. SRI BIDARAMBIKA VIDYA SAMSTHE HONAVALLI TIPTUR TALUK TUMKUR DISTRICT REP. BY ITS SECRETARY N.B. KANTHRAJU
12. SRI. SRINIVASA P.U. COLLEGE KORATAGERE TUMKUR DISTRICT REP. BY ITS PRINCIPAL H.D. SRINIVAS S/O DOLLAIAH
13. SRI BANDI EDUCATION SOCIETY (RGD) SINGONAHALLI, KASABA HOBLI GUBBI TALUK TUMKUR DISTRICT REP. BY ITS SECRETARY SEETHALAKSHMI. 14. A.G.C.C. EDUCATION SOCIETY (P.U. COLLEGE FOR WOMEN) NO.45, K. KAMRAJ ROAD BANGALORE-560 042 REP. BY ITS SECRETARY AND CORRESPONDENT G.S. SRINIVASA GUPTHA S/O LATE SHANKARNARAYAN AGED ABOUT 61 YEARS
15. THRIVENI MEMORIAL EDUCATION TRUST ST. THERESA P.U. COLLEGE NO.28/29, HESARAGHATTA MAIN ROAD, MALLASANDRA, DASARAHALLI (PO) BANGALORE-560 057
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REP. BY ITS FOUNDER TRUSTEE SRI. K. MANJUNATH AGED ABOUT 30 YEARS
16. THE KALKUNTE EDUCATION TRUST (R) S. CADAMBI INDEPENDENT PU COLLEGE REP. BY ITS SECRETARY SRI. C.K. KESHAVAN S/O C. KESHAVACHAR AGED ABOUT 55 YEARS KALKUNTE EDUCATION TRUST (R) CA-2, 10TH MAIN, II MAIN 3RD STAGE, WCR, BASAVESHWARANAGAR BANGALORE-560 079. 17. OM PRABHA EDUCATIONAL TRUST (OM PRABHA P.U. COLLEGE FOR WOMEN) REP. BY ITS PRESIDENT SMT. SHIVARAJAMMA W/O LATE M.E. ESHWARAPPA AGED ABOUT 55 YEARS NO. 13/1, JAINUNI RAO CIRCLE MAGADI MAIN ROAD BANGALORE-560 079. 18. OM PRABHA EDUCATIONAL TRUST (OM PRABHA EVENING P.U. COLLEGE) & REP. BY ITS PRESIDENT SMT. SHIVARAJAMMA W/O LATE M.E. ESHWARAPPA AGED ABOUT 55 YEARS NO.13/1, JAINUNI RAO CIRCLE MAGADI MAIN ROAD BANGALORE-560 079
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19. SRI. KUVEMPU B.CM.
EDUCATION SOCIETY (R) AROODI, DODDABALLAPUR TALUK BANGALORE RURAL DISTRICT REP. BY ITS SECRETARY R. SHASHIKALA
20. DR. B.R. AMBEDKAR INDEPENDENT JUNIOR COLLEGE MADHUGIRI, TUMKUR DISTRICT REP. BY ITS PRESIDENT H. HANUMANTAIAH
21. GOWTHAM BUDHA P.U. ARTS AND COMMERCE COLLEGE MADHUGIRI, TUMKUR DISTRICT REP. BY ITS PRINCIPAL T. GOVINDARAJU
22. PEOPLE'S EDUCATION SOCIETY (R) VIVEKANANDA P.U. COLLEGE BELUR, HASSAN DISTRICT REP. BY ITS SECRETARY AND CORRESPONDENT SUBRAMANYA S/O LATE R.S. SUBBARAO AGED ABOUT 59 YEARS
23. SRI. VEERABHADRASWAMY P.U. COLLEGE HIREHALLY, OORDUGERE HOBLI TUMKUR TALUK AND DISTRICT REP. BY ITS PRINCIPAL K.K. VASAPPA. - 8 -
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24. SRI. BYRAVESHWARA P.U. COLLEGE SADASHIVNAGAR, TUMKUR REP. BY ITS PRINCIPAL KARIYA NAIK
25. SANGAM TRUST (R), SRI SANGAM PRE-UNIVERSITY COLLEGE REP. BY ITS SECRETARY SRI. BASAVARAJ N. IMDAPUR S/O NEELKANTAPPA S. IMDAPUR AGED ABOUT 36 YEARS MAHALAKSHMI LAYOUT (NARAINDAS OIL MILL COMPOUND) OPP. GANDHI NAGAR GATE HUMNABAD ROAD GULBARGA-585 101
26. SIDDARTHA EDUCATION SOCIETY (R) SIDDARTHA INDEPENDENT P.U. COLLEGE REP. BY ITS SECRETARY SRI. LOHITHA K.S.
S/O SIDDAPPA U.G.
NO.3038/B12, 14TH CROSS ANJANEYA EXTENSION DAVANAGERE-577 004
27. THE M.E.S. KISHORA KENDRA P.U. COLLEGE 1ST CROSS, MALLESHWARAMA BANGALORE-560 003 REP. BY ITS SECRETARY B.R. SESHADRI IYENGAR S/O LATE B. RAMASWAMY IYENGAR AGED ABOUT 82 YEARS 15TH CROSS, MALLESHWARAM BANGALORE-560 003
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28. PRAGATHI EDUCATION SOCIETY SIDDARTHA P.U. COLLEGE REP. BY ITS SECREATRY SRI. PRAKASH S/O R. SREENIVASAIAH AGED ABOUT 36 YEARS NO.75, II FLOOR, ABOVE DEZIRE SHOP 5TH MAIN ROAD, GANGANAGAR BANGALORE-560 032
29. THE MYSORE EDUCATION SOCIETY, M.E.S. VIDYASAGARA PROF. M.P.L. SASTRY P.U. COLLEGE REP. BY ITS SECRETARY B.R. SESHADRI IYENGAR S/O LATE B. RAMASWAMY IYENGAR AGED ABOUT 82 YEARS 15TH CROSS, MALLESHWARAM BANGALORE-560 003
30. SAPTHAGIRI WELFARE EDUCATIONAL TRUST (R) SAPTHAGIRI PRE-UNIVERSITY COLLEGE 7TH MAIN, 1ST STAGE, VIJAYANAGARA DEVARAJAMOHALLA, MYSORE REP. BY ITS PRINCIPAL SRI. SRINIVASA MURTHY G.N.
S/O NAGAPPA G.N.
AGED ABOUT 35 YEARS NASU-HARDIKAR SCHOOL ROAD PREMISES, NEAR MARUTHITEMPLE GANGHOTRI LAYOUT, MYSORE-09
31.
THE WAYANAMAC EDUCATION TRUST NO. 475, 39TH C CROSS, 9TH MAIN ROAD JAYANAGAR 4TH BLOCK
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BANGALORE-560 041 REP. BY ITS PRESIDENT SRI. MANJUNATH B.
S/O SRI. BYLAPPA B.
AGED ABOUT 40 YEARS NO. 200, 'SARASRASRI', 38TH CROSS 5TH BLOCK, JAYANAGAR BANGALORE-560 011
32. SRI SIDDESHWARA EDUCATION SOCIETY (R) S.U.J.S. P.U. COLLEGE HIRALUKKADAM REP. BY ITS PRINCIPAL S.U.J.S. P.U. COLLEGE HIRALUKKADAM, PLOT NO.18, 2ND CROSS, VIDYANAGAR EAST, BELLARY
33. AMBEDKAR MEMORIAL SOCIETY (R) RUNNING A.M.S. PRE-UNIVERSITY COLLEGE C.A-2, 3RD MAIN, WEST OF CHORD ROAD 2ND STAGE MAHALAKSHMIPURAM REP. BY ITS SECRETARY SRI.K.N. KRISHNAIAH S/O LATE NINGAIAH AGED ABOUT 70 YEARS NO. 69, 2ND MAIN, 2ND CROSS R.P.C. PIPELING ROAD VIJAYANAGARA 2ND STAGE BANGALORE-560 040
34. S.P.V.C.P.U. COLLEGE KALMATH, MANVI RAICHUR DISTRICT-584 123 REP. BY ITS PRINCIPAL
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SHIVAPPA S.P.
S/O SIDDANAGOUDA AGED ABOUT 37 YEARS S.P.V.C.P.U. COLLEGE KALMATH, MANVI RAICHUR DISTRICT-584 123
35. DR. GNANA SAROJINI EDWIN EDUCATION TRUST RUNNING JEEVA CHRISTIAN COMPOSITE PU COLLEGE WILLIAMS TOWN BANGALORE-560 046 REP. BY ITS TRUSTEE S. BALA SUVRAMANIYAN S/O R. SETHURAMAN NO.2/341, GAYATHRINAGAR IYER BUNGALOW UTCHAPPARAMBU ROAD MADHURAI-14, TAMIL NADU
36. SHRI VEENA SHARADA EDUCATION SOCIETY (R) TUMKUR, RUNNING SHRI VEEN SHARADA COLLEGE REP BY ITS SECRETARY SRI. THIMMAPPA S/O LATE HANUMANTHAIAH AGED ABOUT 65 YEARS HOSAMANE EXTENSION SHIVAMOGA -577 201
37. DISTRICRT MUSLIM WELFARE AND EDUCATION SOCIETY (R) TIPPU SULTHAN
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COMPOSTIE PU COLLEGE, HUKKERI REP. BY ITS PRESIDENT THE DISTRICT MUSLIM WELFARE AND EDUCATION SOCIETY NO.2261, 4TH CROSS, SHAHUNAGAR BELGAUM. 38. SHRI BYRAVESHWARA P.U. COLLEGE HEGGERE, TUMKUR TALUK REP. BY ITS PRINCIPAL GOVINDA NAIK
39. THE JANATHA EDUCATION SOCIETY (R) VIVEKANANDA P.U. COLLEGE REP. BY ITS SECRETARY SRI. T.S. SHIVAPRAKSH S/O T.S. SHIVALINGAIAH AGED ABOUT 70 YEARS GANGOTRI SADANA, 2ND CROSS AHSOK NAGAR, TUMKUR
40. THE B.F. VAGGANAVARA MEMORIAL CHARITABLE AND EDUCATIONAL TRUST RUNNING YELLAMMA P.U. COLLEGE REP.
BY ITS CHAIRMAN SHRI. S.M. VAGGANAVARA AGED ABOUT MAJOR NO.118, 1ST CROSS, HUDCO COLONY GADAG TALUK AND DISTRICT
41. SWETHA EDUCATION TRUST (R) AMAN VIGNESH P.U. COLLEGE REP. BY ITS SECRETARY SRI. R. VENAKTESHWARA REDDY S/O SUBBA REDDY AGED ABOUT 22 YEARS
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SWETHA EDUCATION TRUST (R) P.W. CAMP, NEAR SHAKADRI DHARGA SINDHNURU, RAICHUR DISTRICT-584 128
42. SUKRUTHI EDUCATION SOCIETY (R) SUKRUTHI P.U. SCIENCE COLLEGE 30 FEET ROAD, SIRUR PARK VIDYANAGAR, HUBLI - 580 031 DHARWAD DISTRICT REP. BY ITS PRESIDENT JAGADEESH M. SHETTER S/O MAHARUDRAPPA AGED ABOUT 40 YEARS
43. BHADRA EDUATION TRUST (R) BHADRA P.U. COLLEGE NO.4120/1, 10TH CROSS SIDDAVEERAPPA EXTENSION DAVANAGERE - 577 004 REP. BY ITS SECRETARY SANKETH M.
S/O MURUGENDRAPPA. C.H.
AGED ABOUT 33 YEARS
44. ADITI EDUCATION SOCIETY (R) SCIENCE ACADEMY P.U. COLLEGE NO.307/2B, 2ND MAIN ROAD P.J. EXTENSION, DAVANGERE - 577 004 REP. BY ITS SECRETARY LAKSHMINARASIMHA Y.V.
S/O SRI. Y.P. VISHWANATH AGED ABOUT 30 YEARS
45. SPURTHI EDUCATION TRUST (R) DAVAN P.U. COLLEGE
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NO.3308, A.N. PLAZA, 13TH MAIN B.I.E.T. COLLEGE ROAD, MCC B BLOCK DAVANAGERE - 577 004 REP. BY ITS SECRETARY VEERESH PATEL S/O K.G. LAKSHMAPPA AGED ABOUT 32 YEARS
46. SHREE SHARADAMBA EDUCATIONAL AND HUMAN DEVELOPMENT SOCIETY (R) SHARADAMBA INDEPENDED SCIENCE P.U. COLLEGE REP. BY ITS SECRETARY KUMAR M.S.
S/O HALAPPA J.
AGED ABOUT 52 YEARS 5TH CROSS, ASHOKNAGAR TUMKUR - 572 103
47. SHRI VENKATESHWARA EDUCATION SOCIETY (R) SHRI. MYLARAPPA VENKAPPA OLEKAR COMPOSITE P.U. COLLEGE HOUSING BOARD COLONY MANVI - 584123 RAICHUR DISTRICT REP. BY ITS PRESIDENT FAKRIAPPA OLEKAR S/O SRI. VENKAPPA AGED ABOUT 65 YEARS
48. SIR M. VISVESHVARAIAH EDUCATION ACADEMY (R) SIR M.V.P.U. COLLEGE REP. BY ITS SECRETARY
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SRI. S.J. SRIDHAR S/O JAGANNATHA RAO S.B.
AGED ABOUT 54 YEARS SIR M.V.P.U. COLLEGE HADADI ROAD, DAVANGERE TALUK & DISTRICT-05
49. KRISHNA VIDYA SAMSTE TUMKUR (R) SRI.
KRISHNA P.U. COLLEGE BHADRAVATHI REP. BY ITS PRINCIPAL SHANTHARAJU M.
S/O VEERABHADRAPPA AGED ABOUT 55 YEARS OLD NAGAR, BADRAVATHI-577 301. 50. SHRI SADASHIV VIDYAVARDHAKA SAMSTHE (R) ADARSHA P.U. SCIENCE COLLEGE LINGARAJ NAGAR (NORTH) VIDYANAGAR, HUBLI-580 031 REP. BY ITS SECRETARY LINGARAJ S/O KALEGOWDA PATIL AGED ABOUT 53 YEARS
51. SHRI SHIVALINGESHWARA VIDYAVARDAKA EDUCATION SOCIETY TADAKALA (R) SHRI SHIVALINGESHWARA VIDYAVARDAKA INDEPENDENT P.U. COLLEGE, ALANDA TALUK GULBARGA DISTRICT REP. BY ITS PRESIDENT MALLINATH
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S/O CHIKKA VEERAIAHSWAMY AGED MAJOR
52. MARIYA SADAN EDUCATION SOCIETY (R) MARIYA SADAN COMPOSITE JUNIOR P.U.
COLLEGE, NEELAGIRI THOPU MUNESHWARA NAGARA SUNKADAKATTE VISHWANEEDAM POST BANGALORE-560 091
53. KABIR EDUCATION SOCIETY (R) KABIR INDEPENDENT PU COLLEGE, REP. BY ITS PRINCIPAL NAGARATHNAMMA D/O LATE HALAPPA AGED ABOUT 56 YEARS NO. 72, 3RD MAIN, MATADAHALLI R.T. NAGAR, BANGALORE-560 052
54. MICHAEL'S EDUCATION TRUST (R) SAINT MICHAEL'S INDEPENDENT P.U. COLLEGE, RAJIVNAGAR MYSORE-570 019 REP. BY ITS SECRETARY SONIA PRIYA MICHAEL D/O LEO MICHAEL AGED ABOUT 24 YEARS
55. THE SISTER OF CHARITY EDUCATION SOCIETY OF KARNATAKA MANGALORE (R) ST. PHILOMINA'S GIRLS COMPOSITE P.U. COLLEGE REP. BY ITS SECRETARY
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SISTER GRAZE JOSEPH H.N. PURA ROAD, HASSAN-573 201
56. DR. NSAM PRE-UNIVERSITY COLLEGE A UNIT OF NITTE EDUCATION TRUST 3RD CROSS, VIVEKANANDA ROAD NANTHOOR, MANGALORE-576 005 REP. BY PRINCIPAL SRI. T. SHANKARA NARAYANA BHAT
57. THE SECREATY SIDDAGANGA EDUCATION SOCIETY (R) SIDDAGANGAMUTT TUMKUR TALUK, TUMKUR
58. THE PRESIDENT SREE BALLEKATTE SREMATADA VIDYA SAMSTHE (R) SRI. VEERASHAIVA GURUKULANANDASHRAM TIPTUR, TUMKUR DISTRICT
59. SRI NIMISHAMBA EDUCATION SOCIETY (R) NO.27, PARK ROAD THULASITHOTAM BANGALORE-53 REP. BY ITS SECRETARY SRI. S. KRISHNASWAMY RAJU
60. SRI MURALI VIDYA SAMSTHE (R) SRI. RAMANAGARA, TUMKUR REP. BY ITS SECRETARY SMT. JAYAMMA
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61. SRI NAGARESHWARASWAMY EDUCATION TRUST (R) SHANKARA NILAYA FORTE STREET, VIJAYAPURA-562 135 BANGALORE RURAL DISTRICT REP. BY ITS CHAIRMAN SRI.
M. SATHISHKUMAR …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1, R3 & R4;
SMT. SUMANGALA GACHCHINAMATH FOR SRI. GURUDEV I GACHCHINAMATH, ADVOCATES FOR R2;
SRI. AMBARISHA, ADVOCATE FOR SRI. SANTOSH S.NAGARALE, LADVOCATE FOR R5;
SRI. G.R.MOHAN, ADVOCATE FOR R6;
SRI. J.PRASHANTH, ADVOCATE FOR R7 TO R10, R14 TO R18,, R22, R25 TO 437 & R39 TO R55;
SRI. M.S.DEVARAJ, ADVOCATE FOR R11 TO R13, R19 TO R21, R23, R24 & R38;
SRI. M.V.SESHACHALA, ADVOCATE FOR R56;
SRI. R.PRAMANABHA, ADVOCATE FOR R57 TO R61;
SRI. P.H.VIRUPAKSHAIAH, ADVOCATE FOR IMPLEADING APPLICANT IN I.A.NOs.1 AND 2 OF 2020)
THIS W.P. FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE PERMISSION GRANTED BY RESPONDENT NO.2 IN FAVOUR OF RESPONDENT NO.5 FOR CONSTRUCTION OF PRE- UNIVERSITY COLLEGE BUILDING AT ASHWINI COLONY, VIDYANAGAR, HUBLI, DATED 21.08.2007 ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Heard learned Senior Advocate Mr. S. Sriranga for learned advocates Mr. Arihanth R. Sungay and Smt..Sumana Naganand for the petitioners, learned Additional Government Advocate Smt..Niloufer Akbar for the respondent-State and its authorities, learned advocate Smt. Sumangala Gachchinamath for learned advocate Mr. Gurudev I. Gachchinamath for respondent No.2, learned advocate Mr. Ambarish for learned advocate Mr. Santosh S. Nagarale for respondent No.5, learned advocate Mr..G.R..Mohan for respondent No.6, learned advocate Mr..J..Prashanth for respondent Nos.7 to 10, 14 to 18, 22, 25 to 37 and 39 to 55, learned advocate Mr. M.S. Devaraj for respondent Nos.11 to 13, 19 to 21, 23, 24 and 38, learned advocate Mr..M.V..Seshachala for respondent No.56 and learned advocate Mr. R. Pramanabha, for respondent Nos.57 to 61. - 20 -
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2.
Also heard learned advocate Mr. P.H. Virupakshaiah for the impleading applicant in Interim Application Nos.1 and 2 of 2020. 3. The present petition was filed as back as in the year 2009, styling it as public interest petition. The grievance sought to be advanced by the petitioners was that respondent No.5-Chougale Education Society, which was running an educational institution in the name of Vidyaniketan Pre-University College at Diamond Corner, Deshpande Nagar, Hubli was involved in setting up a new pre-university college, allegedly without adhering to the norms of construction and the approval of plans. It was stated that the Deputy Director of respondent No.2-Hubli-Dharwad Municipal Corporation received letter stating that the sanction plan for construction of the pre- university college in the proposed site was not approved. With such main allegation elaborated in the pleadings of the writ petition, various prayers were made. 3.1 The first prayer made was to set aside the permission granted by respondent No.2 in favour of respondent No.5 for construction of the Pre-University College. The second prayer advanced was to set aside the sanction plan approved by respondent No.2 in favour of respondent No.5 for construction of
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the college. The third prayer was made to declare that the inspection report by respondent Nos.3 and 4 was illegal and contrary to the Rules. Permission granted by respondent No.1 in favour of respondent No.5 for establishing its Pre-University College was also sought to be set aside. 4. While the petition remained pending for long time, affidavit dated 03.01.2025 came to be filed on behalf of the State of Karnataka, in which it is stated that the relief prayed for in the petition did not survive in view of the fact that respondent No.5 has shifted the pre-university college from Ashwini Colony, Vidyanagar, Hubli, Dharwad District to another place called Gnanasiri Campus, Biridevarakoppa, Hubli, Dharwad District on 01.04.2023.
It is further stated that the new institution proposed to be set up will be situated in the area of 5 acres and building measuring 60,000 sq.ft. housing classrooms and the office premises will be constructed at such new place. 4.1 It was further stated that the report of the spot inspection was submitted and since the report indicated the violation of provisions of the Karnataka Pre University Education (Academic, Registration, Administration and Grant-in-Aid) Rules, 2006, a show cause notice
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was issued to respondent No.5 on 21.06.2011, thereafter development took place whereby setting up of the pre-university college was shifted to different place. 5. When the above factum is an admitted aspect and further that learned advocate for the petitioners could not dispute the fact that respondent No.5 has dropped the earlier proposal of setting up the college at the place complained of and now the college is shifted elsewhere, the public interest petition will necessarily not survive. 6. Learned advocate for the petitioners however invited attention of the Court that the petition was amended and following further prayers were added in the petition, which prayers, according to learned advocate for petitioners, would survive for consideration, (iv)(b)1. restrain the 4th Respondent from granting any extension of time to pre-university colleges to adhere with rules prescribed under the Karnataka Pre-University Education (Academic, Registration, Administration and Grant-in-Aid etc) Act;
2.direct the 4th Respondent to withdraw the extensions already granted to pre-university colleges to rectify the irregularities in colleges and order closure of all such colleges;
3.
order an enquiry by any suitable agency or authority to examine the actions of the Governmental Department which has granted extension in violation of the rules to
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Colleges and direct that disciplinary action be initiated against all delinquent officers, ministers and officials of Government; (Amended by order dated 09.08.2012)"
6.1 It is not possible to countenance the submission of learned advocate for petitioners that the Court should consider the aforesaid prayers for the simple reason that the prayers are too general and too vague to be adverted to. Not only that, the prayers are not based on any cause of action. Any prayer not based on cause of action cannot be considered. The directions, as generally and vaguely pleaded, cannot be granted. In eye of law, the prayers of such nature and kind could be said to be misconceived. Therefore, these prayers are rejected. 7. The petition is dismissed. In view of dismissal of the petition, any interlocutory application that may be pending, would not survive and stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (M.I.ARUN) JUDGE PGG, List No.: 1 Sl No.: 10