- 1 - HC-KAR NC: 2025:KHC:31080-DB WP No. 23676 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH 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.23676 OF 2025 (EDN-RES) BETWEEN: B.M.S. COLLEGE OF ENGINEERING 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 REPRESENTED BY DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARNATAKA VIDHANA SOUDA, 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 Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31080-DB WP No. 23676 of 2025 BELAGAVI-590 018 REPRESENTED BY REGISTRAR. 4. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION NELSON MANDELA MARG VASANTH KUNJ NEW DELHI-110 070 REPRESENTED BY ITS MEMBER SECRETARY. …RESPONDENTS (BY SRI SUDEV HEGDE, AGA FOR R-1; SRI N.K. RAMESH, ADVOCATE FOR R-2; SRI SANTHOSH S. NAGARALE, ADVOCATE FOR R-3; SMT. NIREEKSHA D.J., ADVOCATE FOR SRI H.R. SHOWRI, ADVOCATE FOR R-4) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE PETITIONERS REPRESENTATION DATED 14-6-2025 AND TO FORTHWITH TO INCLUDE THE APPROVED INCREASE IN INTAKE FROM 60 TO 120 SEATS IN THE B.E. COMPUTER SCIENCE AND ENGINEERING (DATA SCIENCE) PROGRAMME AND THE CLOSURE OF THE B.E. - AEROSPACE ENGINEERING UNDERGRADUATE COURSE OFFERED BY THE PETITIONER INSTITUTION, IN THE SEAT MATRIX FOR THE ACADEMIC YEAR 2025-26. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2025:KHC:31080-DB WP No. 23676 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The petitioner college is an Engineering college, which is established in the year 1946. The petitioner college is run by BMS Educational Trust. The College is affiliated to Visvesvaraya Technological University(for short 'VTU'). The College is approved by the All India Council for Technical Education(for short ‘AICTE’) and University Grants Commission(for short ‘UGC’) to impart education in Engineering disciplines. The petitioner college name is not included for seat matrix for the academic session 2025-2026. It appears that an FIR came to be registered for allegation of seat blocking and therefore, the Government has not issued ‘No Objection Certificate’ to the College for running the courses for the academic session 2025- 2026 and onwards. 2. Learned Addl. Government Advocate on instructions submits that in the charge sheet submitted in respect of allegation of seat blocking, the college name is not mentioned as one of the accused. 3. This Court has already under similar circumstances in New Horizon College of Engineering v. State of Karnataka and Others in - 4 - HC-KAR NC: 2025:KHC:31080-DB WP No. 23676 of 2025 W.P.No.22976/2025(EDN-RES) dated 01.08.2025 has held as under:- “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.” 4. As the petitioner name is not there in the charge sheet submitted for the allegation of seat blocking, the State Government is directed to issue ‘No Objection Certificate’ for including the name of the petitioner college for seat matrix for the academic session 2025- 2026 and the petitioner college should allow the students in the second round of counseling thereafter. 5. In view of the aforesaid direction, the present writ petition stands allowed. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN/List No.: 1 Sl No.: 47