- 1 - NC: 2025:KHC:15638 WP No. 7646 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 7646 OF 2025 (EDN-RES) BETWEEN: SRI. BASAVESHWARA EDUCATION SOCIETY (R) A REGISTERED TRUST, HALKURIKE, TIPTUR TALUK, TUMKUR DISTRICT, KARNATAKA - 572 101. REPRESENTED BY ITS PRESIDENT HALAPPA H N S/O LATE NINGAPPA, AGED 69 YEARS. UNDER KARNATAKA SOCIETIES REGISTRATION ACT …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES (RGUHS), 4TH T BLOCK, JAYANAGAR, BANGALORE - 560 041 REPRESENTED BY ITS REGISTRAR …RESPONDENT (BY SMT. MAMATHA KULKARNI, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND RETURNS. QUASH ENDORSEMENT OF NOT TO RECOMMEND GRANT A FRESH AFFILIATION TO RUN ALLIED HEALTH SCIENCE COURSES, SUCH AS B.SC., MLT, B.SC., MIT AND BOT PASSED BY THE RESPONDENT DTD. 03.10.2024 BEARING RGUHS/AFF/AHS/ENDORS-02/2024-25 PRODUCED AT ANNX-L HOLDING THAT IT IS ARBITRARY AND ETC., THIS W.P., COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15638 WP No. 7646 of 2025 ORAL ORDER In this petition, petitioner seeks the following reliefs: "WHEREFORE, the petitioner respectfully prays that this Hon'ble Court be pleased to call for records and returns and A) Issue an order/direction/writ in the nature of writ of certiorari quashing endorsement of not to recommend grant of fresh affiliation to run Allied Health Science Courses, such as B.Sc, MLT, B.Sc, MIT and BOT passed by the respondent dated 03/10/2024, bearing RGUHS/AFF/AHS/ENDORS-02/2024- 25, produced at Annexure L, holding that it is arbitrary. B) Issue a writ of mandamus directing to the respondent to re-consider the application dated 25.11.2024 and grant affiliation to run allied health science college to the petitioner, produced at Annexue M. C) Pass any other appropriate order in the circumstances of the case including an order towards cost in the interest of justice and equity." 2. A perusal of the material on record will indicate that the application for affiliation filed by the petitioner having been rejected by the respondent University on 21.08.2023, the petitioner - 3 - NC: 2025:KHC:15638 WP No. 7646 of 2025 approached this Court in Writ Petition No.313/2024, which was disposed of vide final order dated 01.08.2024 as under: "In this petition, petitioner is seeking for the following reliefs: A) ISSUE an order/direction/writ in the nature of certiorari quashing order of rejection of application for affiliation to run Allied Health Science Courses, passed by the Respondent dated 21/08/2023, bearing No.RGU/ACA/AFF/AHS/Fr/SBCAHS/2021- 22 produced at Annexure H, holding that it is arbitrary. B) Issue a writ of mandamus to the Respondent to re-consider the application dated 10/10/2023 and grant affiliation to run allied health science college to the petitioner, produced at Annexure-J. C) Pass any other appropriate order in the circumstances of the case including an order towards cost in the interest of justice and equity." 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. Learned counsel for the petitioner submits that since the application dated 10.10.2023 submitted by the petitioner at Annexure-J for grant of affiliation in favour of the petitioner run Allied Health Science College has not been reconsidered - 4 - NC: 2025:KHC:15638 WP No. 7646 of 2025 so far and as such, the petitioner is before this Court by way of the present petition. 4. Per contra, learned counsel for the respondent-University submits that if reasonable time is granted, the respondent would consider the application dated 10.10.2023 at Annexure-J and take appropriate decisions/pass appropriate orders in accordance with law. 5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition directing the respondent to consider the grievances of the petitioner and reconsider the application dated 10.10.2023 at Annexure-J and take appropriate decisions/pass appropriate orders in accordance with law and without reference to the rejection order dated 21.08.2023 at Annexure-H, within a period of three weeks from the date of the receipt of the copy of this order. 6. Subject to the aforesaid direction, petition stands disposed of." 3. In pursuance of the same, the respondent University conducted inspection of the petitioner Institution, pursuant to which a decision was taken in the 189th Syndicate meeting held on 18.09.2024 that the petitioner University lacks adequate - 5 - NC: 2025:KHC:15638 WP No. 7646 of 2025 infrastructure, faculties, staff etc. and consequently, respondent University issued the impugned endorsement at Annexure-L dated 03.10.2024, declining to grant fresh affiliation in favour of the petitioner for the academic year 2024-2025. In this context, learned counsel for the petitioner submits that the relevant documents have not been considered by the respondent University while considering the request for grant of fresh affiliation nor has the University taken into account the findings recorded in the Local Inspection Committee report (LIC report) and as such the impugned endorsement deserves to be set aside and the matter remitted back to the respondent University for reconsideration afresh in accordance with law. 4. Per contra, learned counsel for the respondent submits that there is no merit in the petition and the same is liable to be dismissed. 5. A perusal of the LIC report and the impugned endorsement will indicate that the documents relied upon by the petitioner have been considered by the respondent before issuing the impugned endorsement. However, in the light of the specific assertion on the part of the petitioner that if one more opportunity is - 6 - NC: 2025:KHC:15638 WP No. 7646 of 2025 granted, the petitioner would produce relevant document and satisfy the respondent University about its entitlement to seek fresh affiliation, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned endorsement and remit the matter back to the respondent for reconsideration afresh in accordance with law. 6. In the result, I pass the following ORDER i) The petition is hereby allowed. ii) The impugned endorsement at Annexure-L dated 03.10.2024 is set aside. iii) The matter is remitted back to respondent University for reconsideration afresh in accordance with law. iv) The petitioner is directed to appear before the respondent University on 05.05.2025, without awaiting further notice. v) Liberty is reserved in favour of the petitioner to produce pleadings, documents, etc., before the respondent, who shall consider the same and pass - 7 - NC: 2025:KHC:15638 WP No. 7646 of 2025 appropriate orders in accordance with law, within a period of one month from the date of receipt of copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE AP List No.: 1 Sl No.: 8