- 1 - NC: 2025:KHC-D:1401 WP No. 107503 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107503 OF 2024 (EDN-RES) BETWEEN: 1. BASAVESHWAR VIDYAVARDHAK SANGHA S. NIJALINGAPPA ROAD, VIDYANAGAR, BAGALKOT, DIST. BAGALKOT, REP. BY ITS CHAIRMAN, SRI. VEERANNA CHANDRASHEKARAYYA CHARANTHIMATH, AGE. 65 YEARS, DIST. BAGALKOT-587101. 2. BASAVEWSHWAR ENGINEERING COLLEGE (A) S. NIJALINGAPPA ROAD BAGALKOT, DIST. BAGALKOT, REP. BY PRINCIPAL DR. BHUVANESHWARI, W/O. CHANDRASHEKHAR YELAMALI, AGE. 63 YEARS, R/O. BAGALKOT-587101. …PETITIONERS (BY SRI RAMACHANDRA A. MALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPT OF HIGHER AND TECHNICAL EDUCATION K G S 6TH FLOOR M S BUILDING DR. AMBEDKAR VEEDHI, BENGALURU -01. 2. THE COMMISSIONER, DEPT, OF COLLEGIATE AND TECHNICAL EDUCATION NO.1 PALACE ROAD, SAMPANGI RAMA NAGAR BANGALORE -01 3. THE DIRECTOR OF TECHNICAL EDUCATION, NO. 1 PALACE ROAD, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.27 16:33:55 +0530 - 2 - NC: 2025:KHC-D:1401 WP No. 107503 of 2024 SAMPANGI RAMA NAGAR, BENGALURU -01. …RESPONDENTS (BY SRI V.S.KALASURMATH, AGA FOR RESPONDENTS NO.1 TO 3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION IN THE LIKE NATURE, DIRECTING THE RESPONDENTS HEREIN TO CONSIDER THE PROPOSAL DATED 30-9-2023 SUBMITTED BY THE PETITIONERS VIDE ANNEXURE-B FOR RECONCILIATION OF STUDENTS INTAKE IN PROPORTION WITH THE AVAILABLE FACULTY IN THE AIDED SECTION OF THE 2ND PETITIONER COLLEGE AND ACCORDINGLY ALLOW AND PERMIT RECONCILIATION OF THE SEAT INTAKE OF AIDED SEATS IN AIDED SECTION OF THE 2ND PETITIONER COLLEGE AS REQUESTED BY THE PETITIONERS AND/OR PERMIT THE PETITIONER SOCIETY TO MAKE APPOINTMENT OF VACANT POSTS OF TEACHING FACULTIES IN AIDED SECTION AS PER THE REQUESTS AND REPRESENTATIONS SUBMITTED BY THE PETITIONERS VIDE SERIES OF REPRESENTATIONS PRODUCED AT ANNEXURE-A TO A14 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: (i) Issue a writ of mandamus or any other writ or direction in the like nature, directing the respondents herein to consider the proposal dated 30.9.2023 submitted by the petitioners vide annexure-b for reconciliation of students intake in proportion with the available faculty in the aided section of the 2nd petitioner college and accordingly allow and permit reconciliation of the seat intake of aided seats in aided section of the 2nd petitioner - 3 - NC: 2025:KHC-D:1401 WP No. 107503 of 2024 college as requested by the petitioners and/or permit the petitioner society to make appointment of vacant posts of teaching faculties in aided section as per the requests and representations submitted by the petitioners vide series of representations produced at Annexure-A to A14 in the interest of justice and equity. (ii) Grant such other and further reliefs as are just even including the costs of this petition in the interest of justice and equity. 2. Learned AGA on enquiry and instructions submits that though the 2nd respondent is ready and agreeable to consider the proposal date 03.09.2023 submitted by the petitioners at Annexure-B. The said proposal is not accompanied by necessary documents and as such respondent No.2 is unable to consider the said proposal. If that be so, it is for the petitioners to furnish the necessary documents, or for the respondents to reject the proposal on the ground of the documents not being published. With that observation, petition is disposed of. 3. It is needless to say that if the petitioners were to furnish the documents within 15 days from today i.e., on or before 07.02.2025, respondent No.2 shall - 4 - NC: 2025:KHC-D:1401 WP No. 107503 of 2024 consider those documents and pass necessary orders by 07.03.2025. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK List No.: 1 Sl No.: 39