- 1 - NC: 2025:KHC:14526 WP No. 7964 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 7964 OF 2025 (EDN-RES) BETWEEN: ARIHANT INSTITUTE OF COMMERCE AND MANAGEMENT, NO.2/1237, TALAGHATTAPURA, KANAKAPURA MAIN ROAD, BENGALURU - 560 062. REPRESENTED BY ITS PRINCIPAL DR. GIRISH.C, AGED ABOUT 51 YEARS. …PETITIONER (BY SRI. HEMANTH KUMAR K., ADVOCATE A/W SRI.KISHORE KUMAR L., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE UNDER SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU - 560 001. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:14526 WP No. 7964 of 2025 3. THE CHANCELLOR, BENGALURU UNIVERSITY GNANABHARATHI, BENGALURU - 560 056. REPRESENTED BY ITS REGISTRAR. 4. MEMBER SECRETARY, ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI - 110 070. …RESPONDENTS (BY SMT.B.SUKANYA BALIGA, AGA FOR R-1 AND R-2; SRI.B.PRAMOD, ADVOCATE FOR R-3 VIDE ORDER DATED 04.04.2025; SRI.H.R.SOWRI, ADVOCATE FOR R-4) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASHING THE ORDER OF ENDORSEMENT DATED 04/01/2025 IN ED 414 UBV 2024 PASSED BY THE R1 VIDE ANNEXURE - L AND TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 08/08/2024 AND 05/09/2024 IN THE LIGHT OF THE APPROVAL OF A.I.C.T.E. DATED 04/09/2024 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:14526 WP No. 7964 of 2025 ORAL ORDER In this petition, petitioner seeks the following reliefs. "a. Quashing the order of endorsement dated 04.01.2025 in ED 414 UBV 2024 passed by the respondent No.1 vide Annexure L and to consider the representations of the petitioner dated 08.08.2024 and 05.09.2024 in the light of the approval of A.I.C.T.E. dated 04.09.2024 in the interest of justice and equity. b. quash the order of communication of respondent No.3 given to respondent No.1 dated 09.10.2024 in ACA-3/A.I.C.M. /Ho.Ko./2024-25 vide Annexure K and to consider the representations of the petitioner dated 08.08.2024 & 05.09.2024 for issuance of UUMCS Login Credentials for starting New B.C.A. M.B.A. & M.C.A. course to the petitioner Institution in the interest of justice and equity. c. Pleased to pass any order or direction as this Hon'ble Court as feels deem, under the circumstances of the interest of justice and equity." 2. Heard the learned counsel for the petitioner, learned AGA for respondents No.1 and 2 and perused the material on record. - 4 - NC: 2025:KHC:14526 WP No. 7964 of 2025 3. A perusal of the material on record will indicate that the application filed by the petitioner Institution before the third respondent University on 08.08.2024 was forwarded by the third respondent University to the first respondent State Government for approval and affiliation of the Education Institution for the prescribed courses. Meanwhile, the application filed by the petitioner to the fourth respondent AICTE also culminated approval being granted in their favour by the fourth respondent. Subsequently, the respondent No.3 University addressed a communication dated 09.10.2024, forwarding the application of the petitioner for affiliation to the respondents No.1 and 2 for their approval which was rejected by respondents No.1 and 2 vide impugned order dated 04.01.2025 at Annexure L and as such, petitioner is before this Court by way of the present petition. In addition to reiterating the various contentions urged in the petition and referring to the material on record, the learned counsel for petitioner submits that the - 5 - NC: 2025:KHC:14526 WP No. 7964 of 2025 request for approval for affiliation in favour of the petitioner was rejected by the respondents No.1 and 2 for the following reasons: a) Non-furnishing of lease for a period of thirty years b) Non-production of fire safety certificate c) Non-production of building safety certificate d) Non-production of NOC from BBMP 4. In this context, it is submitted that the petitioner has produced various documents in the present petition to indicate that there has been compliance of the aforesaid requirements and as such, the impugned order at Annexure L deserves to be set aside and the matter is required to be remitted to the respondents No.1 and 2 for reconsideration afresh, within a stipulated time frame, bearing in mind the recommendation of the third respondent University and also the recommendation of the fourth respondent AICTE. 5. Per contra, learned AGA for respondents No.1 and 2 submits that, if the impugned order is set aside and the - 6 - NC: 2025:KHC:14526 WP No. 7964 of 2025 petitioner produces additional documents, in support of its application, the respondents 1 and 2 would re-consider the same and proceed further in accordance with law. 6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to set aside the impugned order at Annexure L and dispose of the petition by issuing certain directions. 7. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order passed by the second respondent, dated 04.01.2025, at Annexure L, is hereby set aside and the matter stands remitted to the concerned respondents No.1 and 2 for reconsideration of the petitioner application afresh in accordance with law. (iii) Liberty is reserved in favour of the petitioner Institution to produce the additional pleadings, documents, etc. which shall be considered by - 7 - NC: 2025:KHC:14526 WP No. 7964 of 2025 respondents No.1 and 2, who shall provide sufficient and reasonable opportunity to the petitioner and proceed further and take appropriate decision/pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 21