- 1 - HC-KAR NC: 2025:KHC:29784-DB WP No. 22976 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST 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.22976 OF 2025 (EDN-RES) BETWEEN: NEW HORIZON COLLEGE OF ENGINEERING NEW HORIZON KNOWLEDGE PARK RING ROAD, BELLANDUR POST NEAR MARATHALLI BENGALURU-560 103 REPRESENTED BY DR. MOHAN S. MANGHNANI MANAGING TRUSTEE NEW HORIZON EDUCATIONAL AND CULTURAL TRUST. …PETITIONER (BY SRI M.B. NARGUND, SENIOR COUNSEL FOR SRI PRASANNA DESHPANDE, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARNATAKA VIDHANA SOUDHA M.S. BUILDING BENGALURU-560 001. 2. PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, M.S.BUILDING BENGALURU-560 001. 3. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, Digitally signed by VASANTHA KUMARY B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29784-DB WP No. 22976 of 2025 NELSON MANDELA MAR, VASANT KUNJ NEW DELHI-110 070 REPRESENTED BY ITS MEMBER SECRETARY. 4. VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA, BELAGAVI - 590 018 REPRESENTED BY ITS REGISTRAR. 5. DEPUTY SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION (TECHNICAL AND PLANNING) GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, M.S. BUILDING BENGALURU-560 001. 6. KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESWARAM BENGALURU-560 012. 7. LAW JUSTICE AND HUMAN RIGHTS DEPARTMENT LAW DEPARTMENT, GROUND FLOOR VIDHANA SOUDHA BENGALURU-560 001 REPRESENTED BY PRINCIPAL SECRETARY. …RESPONDENTS (BY SRI SUDEV HEGDE, AGA FOR R-1, R-2, R-5 AND R-7; SRI N.K. RAMESH, ADVOCATE FOR R-6) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND/OR MANDAMUS, OR ANY APPROPRIATE WRIT, a) QUASHING THE IMPUGNED ENDORSEMENT BEARING NUMBER ED 93 TEC 2025 DATED 29.07.2025, ISSUED BY RESPONDENT NO.5 VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION, 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 - 3 - HC-KAR NC: 2025:KHC:29784-DB WP No. 22976 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. Petitioner is an Autonomous college affiliated to Visvesvaraya Technological University(VTU). Its courses are approved by the All India Council for Technical Education & University Grants Commission. It is also said that the petitioner is accredited by NAAC with 'A' grade and has a National Board of Accreditation(NBA). Petitioner college is under the management of New Horizon Educational and Cultural Trust through its Managing Committee. The petitioner has approached this Court impugning the communication dated 29.07.2025- Annexure A issued by the State of Karnataka, whereby the 'No Objection Certificate' from the Government to the Institution for increase in intake and commencement of new courses, though approved by AICTE, has been declined on the ground that the petitioner College is involved in seat blocking case and the matter is being investigated by the Enforcement Directorate. 2. Learned Senior Counsel Sri. M.B. Nargund assisted by Sri. Prasanna Deshpande, learned Counsel on behalf of the petitioner submits that the State itself after investigating the case has not found involvement of the College in the seat blocking case and in the charge-sheet, the petitioner College name is not there. On the last - 4 - HC-KAR NC: 2025:KHC:29784-DB WP No. 22976 of 2025 date of hearing of this writ petition, we requested the learned Addl. Government Advocate to verify the fact whether the petitioner has been absolved in the case and no charge sheet has been filed against the petitioner college. 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:29784-DB WP No. 22976 of 2025 Accordingly, the writ petition is allowed. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 73