- 1 - HC-KAR NC: 2025:KHC:22550 WP NO.16256 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.16256 OF 2025 (EDN-RES) BETWEEN: DR. RACHAYYA COLLEGE OF PHYSIOTHERAPY REP. BY ITS PRINCIPAL, PLOT NO.4, SY.NO.12/A AND 13/A, HOSAHALLI ROAD, YADGIR - 585 202. …PETITIONER (BY SRI. NITIN A.M., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION), M.S. BUILDING, VIDHANA VEEDHI, BENGALURU - 560 001. 2. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES REP. BY ITS VICE CHANCELLOR, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1; SMT. FARAH FATHIMA, ADVOCATE FOR R2) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22550 WP NO.16256 OF 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.2 DATED 05TH NOVEMBER, 2024 VIDE ANNEXURE-G; DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 04TH DECEMBER, 2024 VIDE ANNEXURE-H AND TO CONSEQUENTLY GRANT THE PETITIONER A FRSH AFFILIATION FOR THE ACADEMIC YEAR 2024-25 TO CONDUCT THE COURSE OF BACHELOR OF PHYSIOTHERAPY; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner-College is assailing the endorsement dated 05th November, 2024 (Annexure-G) issued by the respondent No.2; inter alia seeking direction to the respondent No.2 to consider the representation filed by the petitioner dated 04th December, 2024 (Annexure-H) and consequently grant the petitioner-College a fresh affiliation for the Academic year 2024-25 to conduct the course of Bachelor of Physiotherapy. - 3 - HC-KAR NC: 2025:KHC:22550 WP NO.16256 OF 2025 2. Heard Sri. Nitin A.M., learned counsel appearing for the petitioner-College, Smt. B.P. Radha, learned Additional Government Advocate appearing for the respondent No.1- Government and Smt. Farah Fathima, learned counsel appearing for the respondent No.2-University. 3. Sri. Nitin A.M., learned counsel appearing for the petitioner invited the attention of the Court to the impugned endorsement dated 05th November, 2024 (Annexure-G), wherein, the respondent No.2-Univesity, rejected the application filed by petitioner-College on the ground that the petitioner-College has not fulfilled the criteria in respect of the requirement of bed strength as per KPME Website and also the owner of the parent hospital is not incorporated in the Trust Deed as per the documents submitted by the applicant/petitioner-College. In this regard, learned counsel appearing for the petitioner, by referring to the Annexures 'A', 'B' and 'C' had submitted that the petitioner-College had complied with the requirements as claimed by the respondent No.2-University. Accordingly, he sought for interference of this Court. - 4 - HC-KAR NC: 2025:KHC:22550 WP NO.16256 OF 2025 4. Per contra, Smt. Farah Fathima, learned counsel appearing for the respondent No.2 sought to justify the impugned endorsement issued by the respondent No.2- University. 5. In the light of submission made by learned counsel appearing for the parties, I have carefully perused the impugned endorsement dated 05th November, 2024, wherein the respondent No.2-University sought for fulfilling criteria relating to the required bed strength as per KPME Website and the name of the owner of the parent hospital is to be incorporated in the Trust Deed. On perusal of Trust Deed produced at Annexure-A would indicate that the name of the owner of the parent hospital is shown as Suneeta D/o Kaliganayya while executing the Trust Deed and further on careful examination of Annexure-B would indicate that the strength of the bed is about 100 Nos. In that view of the matter, I am of the view that the respondent-University shall reconsider the issue afresh in the light of the observation made above. Hence, respondent No.2-University is directed to reconsider the application of the petitioner-College within an outer limit of three weeks from the date of receipt of this order - 5 - HC-KAR NC: 2025:KHC:22550 WP NO.16256 OF 2025 in accordance with law. Accordingly, writ petition is disposed of. In view of the disposal of the writ petition, pending IAs stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 25