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2025 DAILYLAW 76689 (KAR)

MANGALA COLLEGE OF SPEECH AND HEARING v. REHABILITATION COUNCIL OF INDIA

WP/34852/2025 · 2025-11-26

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49382 WP No. 34852 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34852 OF 2025 (EDN-RES) BETWEEN: 1. MANGALA COLLEGE OF SPEECH AND HEARING UNIT OF MANGALA CHARITABLE TRUST, REPRESENTED BY ITS CHAIRMAN, VIDYANAGAR, POST PEDAMALE, NEERMARGA ROAD, MANGALORE- 575 029. A PRIVATE INSTITUTION. 2. MANGALA CHARITABLE TRUST, REPRESENTED BY ITS CHAIRMAN, VIDYANAGAR, POST PEDAMALE, NEERMARGA ROAD, MANGALORE- 575 029. A TRUST REGISTERED UNDER INDIAN TRUST ACT, 1882. 3. DR. GANAPATHI.P S/O LATE DR. P.S. ISHWAR BHAT, AGED ABOUT 63 YEARS, R/AT 3-33-2915/3, ANUGRAHA, NETAJI ROAD, CHANDRIKA LAYOUT, KADRI KAMBALA ROAD, MANGALORE- 575 004. 4. DR. ANITHA G BHAT W/O DR. GANAPATHI P, AGED ABOUT 58 YEARS, R/AT 3-33-2915/3, ANUGRAHA, NETAJI ROAD, CHANDRIKA LAYOUT, KADRI KAMBALA ROAD, MANGALORE- 575 004. 5. RAJESH MALI S/O SHYAM BHAT, AGED ABOUT 52 YEARS, MANGALA NURSING HOME, VAJRA HILLS, KADRI, MANGALORE – 575 003. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49382 WP No. 34852 of 2025 6. RAHUL G BHAT S/O DR. GANAPATHI P, AGED ABOUT 25 YEARS, R/AT 3-33-2915/3, ANUGRAHA, NETAJI ROAD, CHANDRIKA LAYOUT, KADRI KAMBALA ROAD, MANGALORE- 575 004. 7. SWATHI P BHAT D/O DR. GANAPATHI. P, AGED ABOUT 29 YEARS, R/AT 3-33-2915/3, ANUGRAHA, NETAJI ROAD, CHANDRIKA LAYOUT, KADRI KAMBALA ROAD, MANGALORE- 575 004. …PETITIONERS (BY SRI. P.N.MANMOHAN, ADVOCATE FOR SRI. VINAY.N, ADVOCATE) AND: 1. REHABILITATION COUNCIL OF INDIA DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES (DIVYANGJAN), GOVERNMENT OF INDIA, A STATUTORY BODY OF MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, B-22, QUTAB INSTITUTIONAL AREA, NEW DELHI- 110 016. 2. UNION OF INDIA, THROUGH ITS SECRETARY, DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABLILITIES (DIVYANGJAN), 5TH FLOOR, ANTYODAYA BHAVAN, CGO COMPLES, LODHI ROAD, NEW DELHI- 110 003. …RESPONDENTS (BY SRI. UNNIKRISHNAN M, ADVOCATE) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER DATED 25.09.2025 BEARING NO. 17- 1973/B.A.S.L.P./RCI/2025 (PRODUCED AS ANNEXURE-L) ISSUED BY THE 1ST RESPONDENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:49382 WP No. 34852 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- “ (a) Issue a writ of Certiorari and quash the order dated: 25.09.2025 bearing No.17-1973/B.A.S.L.P/RCI/2025 (produced as Annexure-“L”) issued by the 1st Respondent. (b) Issue a Writ of Mandamus directing the 1st Respondent to reconsider the Petitioners application for the academic year 2025-26; and consequently grant approval to the petitioners BASLP course for the academic year 2025- 26; and (c) Pass any other order or direction that this Hon’ble Court deems fit in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that on 21.08.2025, inspection was conducted by the respondents to the 1st petitioner – Institution, pursuant to which, the assessment report was submitted followed by the impugned communication at Annexure-L dated 25.09.2025 informing the petitioner – Institution that their approval for B.A.S.L.P. course has been regretted. In - 4 - HC-KAR NC: 2025:KHC:49382 WP No. 34852 of 2025 pursuance of the same, the petitioner-Institution submitted various replies / representations including request for re-inspection, despite which, the respondents did not take any steps in this regard and as such, the petitioners are before this Court by way of the present petition. 4. Learned counsel for the respondents would oppose the petition and submits that there is no merit in the petition and the same is liable to be dismissed. 5. A perusal of the impugned order at Annexure-L will indicate that the same is passed on inspection report which contains various inherent discrepancies, contradictions and inconsistencies, which are contrary to the material on record. Further, subsequent to the impugned communication, the respondents have not taken any steps to address the grievances of the petitioner. Under these circumstances, I deem it just and appropriate to set aside the impugned communication and remit the matter back to the 1st respondent for reconsideration afresh of their request for Affiliation of the Petitioner – Institution for the Academic year 2025-26 after conducting fresh inspection and pass appropriate orders within a stipulated time frame. - 5 - HC-KAR NC: 2025:KHC:49382 WP No. 34852 of 2025 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned communication at Annexure-L dated 25.09.2025 issued by the 1st respondent is hereby quashed. (iii) The matter is remitted back to the 1st respondent for consideration of the application for affiliation of the petitioner – Institution for the academic year 2025-26 afresh in accordance with law. (iv) The 1st respondent is directed to conduct fresh / new inspection of the petitioner – Institution on 03.12.2025 and reconsider the application for Affiliation for the academic year 2025-26 on or before 10.12.2025, bearing in mind the Official Memorandum dated 14.10.2025 and take appropriate decision / pass appropriate orders by providing sufficient and reasonable opportunity to the petitioner and in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.