- 1 - HC-KAR NC: 2025:KHC:31036-DB WP No. 23647 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO.23647 OF 2025 (EDN-RES) BETWEEN: B.M.S COLLEGE OF ARCHITECTURE DESIGN AND PLANNING HAVING ITS REGISTERED OFFICE AT BULL TEMPLE ROAD BASAVANAGUDI BENGALURU-560 019 REPRESENTED BY ITS CHAIRMAN SRI DR. P. DAYANANDA PAI. …PETITIONER (BY SRI BADRI VISHAL, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560 010 REPRESENTED BY PRINCIPAL SECRETARY. 2. KARNATAKA EXAMINATION AUTHORITY 18TH CROSS SAMPIGE ROAD MALLESHWARAM BENGALURU-560 012. 3. VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA SANTI BASTAWAD ROAD MACHHE BELAGAVI-590 018 REPRESENTED BY REGISTRAR. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31036-DB WP No. 23647 of 2025 4. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION NELSON MANDELA MARG VASANTH KUNJ NEW DELHI REPRESENTED BY ITS MEMBER SECRETARY. …RESPONDENTS (BY SRI SUDEV HEGDE, A.G.A., FOR R-1, SRI N.K. RAMESH, ADVOCATE, FOR R-2, AND SMT. NIREEKSHA D.J., ADVOCATE, FOR SRI H.R. SHOWRI, FOR R-4) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ENDORSEMENT BEARING NO.ED.71.TEC.2025 DATED 29/07/2025 ISSUED BY RESPONDENT NO.1 VIDE ANNEXURE-B, AS BEING ARBITRARY, ERRONEOUS, AND VIOLATIVE OF THE PRINCIPLES OF NATURAL JUSTICE, AND ETC. THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The petitioner is a reputed public charitable trust imparting technical and professional education in Karnataka. The petitioner- College is affiliated to the Visvesvaraya Technological University, Belagavi. The College is also approved by the Council of Architecture and the All India Council for Technical Education. The Petitioner College offers various postgraduate and undergraduate programmes/courses. All India Council for Technical Education has approved two new undergraduate courses, i.e. Bachelor of Planning - 3 - HC-KAR NC: 2025:KHC:31036-DB WP No. 23647 of 2025 and Bachelor of Interior Design and they have been allotted 40 and 30 seats, respectively for the said two new courses. The Visvesvaraya Technological University, Belagavi, has also approved the increase in intake. The State Government has issued 'No Objection Certificate' for new undergraduate courses, i.e. with intake of 40 students to Bachelor of Planning and 30 students to Bachelor of Interior Design in the petitioner College for the academic year 2024- 2025. 2. The petitioner College made a request to the State Government for receiving 'No Objection Certificate' for admission in respect of these two new courses for the academic year 2025-2026. However, the said request of the petitioner College was rejected by the Endorsement dated 29.07.2025 (Annexure-B) on the ground that a Police case has been registered against the petitioner College for their alleged involvement in seat blocking case in the year 2024- 2025, the charge-sheet has been issued in the case and the Enforcement Directorate is conducting investigation. 3. When the case was listed before this Court, this Court asked the learned Additional Government Advocate to take instructions whether the charge-sheet has been filed against the petitioner College, or its management, or not. - 4 - HC-KAR NC: 2025:KHC:31036-DB WP No. 23647 of 2025 4. Learned Additional Government Advocate, after instructions in the matter, submits that the charge-sheet is filed in the case, but the petitioner College, or its Management, is not arrayed as an accused in the charge-sheet. 5. A similar issue arose in Writ Petition No.22976 of 2025 (EDN-RES) (New Horizon College of Engineering v. State of Karnataka and others), this Court, vide order dated 01.08.2025, gave the following directions: “3. Learned Addl. Government Advocate has obtained instructions in the matter and submits that charge sheet has been filed in the case, but the petitioner College name is not there in the charge sheet as one of the accused. As the petitioner is not an accused in the offence of seat blocking, for which, charge sheet has been filed, therefore, the very basis for not issuing 'No Objection Certificate' for increase in intake and running new Courses in the petitioner College is not there. As very substratum of denying issuance of the 'No Objection Certificate' is not present, we deem it appropriate to set-aside the said communication, and therefore, the said communication is quashed. The State Government is directed to issue 'No Objection Certificate' for increase in intake and for running new courses by the petitioner College as per the order of AICTE dated 05.04.2025 and the State Government is directed to re-do the seat matrix including increase intake of the petitioner college and also for the new courses which has been approved by AICTE, in the next round of counseling.” - 5 - HC-KAR NC: 2025:KHC:31036-DB WP No. 23647 of 2025 6. As the issue involved in this writ petition is covered by the order dated 01.08.2025 passed in Writ Petition No.22976 of 2025 (EDN-RES), the present writ petition stands allowed. The impugned endorsement dated 29.07.2025 issued by the State Government is set aside. The State Government is directed to issue ‘No Objection Certificate’ to include the name of the petitioner College and its newly approved academic programmes, i.e. Bachelor of Planning and Bachelor of Interior Design in the seat matrix for the academic year 2025-2026. The State Government is further directed to re-do the seat matrix including increase intake of the petitioner College for the new courses which has been approved by the All India Council for Technical Education, in the next round of counselling. In view of the disposal of the writ petition, I.A. No.1 of 2025 does not survive for consideration and accordingly, it is dismissed. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 27