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2025 DAILYLAW 91573 (KAR)

SAMPOORNA INTERNATIONAL v. STATE OF KARNATAKA

WP/25234/2025 · 2025-12-09

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51897 WP No. 25234 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 25234 OF 2025 (EDN-RES) BETWEEN: 1. SAMPOORNA INTERNATIONAL INSTITUTE OF AGRI. SCIENCES AND HORTICULTURAL TECHNOLOGY KB DODDI GRAMA NIDDAGHATTA GRAMA PANCHAYATH MADDUR TALUK, MANDYA DISTRICT ESTABLISHED AND RUN BY BRUNDAVAN EDUCATIONAL TRUST A TRUST INCORPORATED UNDER THE INDIAN TRUST ACT REPRESENTED BY ITS MANAGING TRUSTEE SMT. B. SAMPOORNA …PETITIONER (BY SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI. ABHINAY .Y.T, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY VIDHANA SOUDHA, DR. BR AMBEDKAR VEEDHI BENGALURU - 560 001. 2. DEPARTMENT OF HIGHER EDUCATION STATE OF KARNATAKA VIDHANA SOUDHA DR. BR AMBEDKAR VEEDHI BENGALURU-560 001 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51897 WP No. 25234 of 2025 REPRESENTED BY ITS UNDER SECRETARY TO GOVERNMENT (UNIVERSITIES-1) 3. DEPARTMENT OF AGRICULTURE STATE OF KARNATAKA VIDHANA SOUDHA, DR. BR AMBEDKAR VEEDHI BENGALURU - 560 001. REPRESENTED BY ITS UNDER SECRETARY TO GOVERNMENT (SERVICES) 4. KARNATAKA EXAMINATION AUTHORITY 18TH CROSS, SAMPIGE ROAD MALLESHWARAM BENGALURU-560 042 REP. BY ITS REGISTRAR 5. UNIVERSITY OF MYSORE VISHWAVIDYANILAYA KARYA SOUDHA CRAWFORD ROAD MYSORE-570 005 REP. BY ITS REGISTRAR (CAUSE TITLE AMENDED AS PER ORDER DATED 12.09.2025) …RESPONDENTS (BY SRI. MANJUNATH .K, HCGP FOR R1 TO R3; SRI. N.K. RAMESH, ADVOCATE FOR R4; SRI. KEERTHY REDDY, ADVOCATE FOR SRI. ABHISHEK KUMAR, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 10.06.2024 (ANNEXURE-B) AND REPRESENTATION DATED 17.01.2025 (ANNEXURE -C). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:51897 WP No. 25234 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs. "Wherefore, the petitioner prays that this Hon'ble Court may kindly be pleased to issue a writ of Mandamus and direct the respondents to consider the representation dated 10.06.2024 (Annexure-B) and representation dated 17.01.2025 (Annexure-C), in the interest of justice and equity." 2. Heard learned Senior Counsel for the petitioner and learned HCGP for respondent Nos.1 to 3 and learned counsel for respondent No.4 as well as learned counsel for respondent No.5 and perused the material on record. 3. A perusal of the material on record would indicate that the petitioner, which is running the subject Institution, made a request on 10.06.2024 seeking affiliation to the University of Agricultural Sciences, Bangalore. 4. On 26.03.2018, the said University of Agricultural Sciences addressed a communication to the Vice-Chancellor - 4 - HC-KAR NC: 2025:KHC:51897 WP No. 25234 of 2025 inter-alia recommending grant of affiliation in favour of the petitioner. However, the request of the petitioner made to respondent No.3 for grant of affiliation was not considered on the ground that the petitioner had not even applied for the said affiliation. The said communication is produced by the petitioner along with application IA No.1/2025 for direction as Annexure-G dated 12.09.2025 contrary to Annexure-H, which is dated 26.03.2018, which clearly indicates that the said recommendation was made pursuant to the application for affiliation submitted by the petitioner. 5. Under these circumstances, it is clear that the communication at Annexure-G dated 12.09.2025 addressed by respondent No.3 to the petitioner declining to consider the request for affiliation is contrary to Annexure-H dated 26.03.2018, which reads as under; "UNIVERSITY OF AGRICULURAL SCIENCES, BANGALORE Prof.Shakuntha Sridhara Member of Board of Management Date: 26-03-2018 To: The Hon'ble Vice Chancellor UAS, GKVK - 5 - HC-KAR NC: 2025:KHC:51897 WP No. 25234 of 2025 Bangalore - 560 065 Sir, Sub: Report of the Board sub-Committee based on its study and verification of the existing land/building, faculty/staff pattern/course particulars etc., of the colleges seeking affiliation to UAS, Bangalore - reg. Ref: Circular No.R/PS/BoM/Sub-Com/Affiliation/2017-18 dated 07.09.2017 issued by the Registrar, UAS, Bangalore as per decision of the 375th Adjrnd. BoM Meeting held on 25.05.2017 vide Item No.2. With reference to the above, the Board sub-Committee consisting of Prof.Shakunthala Sridhara (Chairman), Sri.K.N.Srikanth, Sri.V.Subramani, Sri.N.Srinivasaiah and Sri.H.A.Shivakumar (Members), verified the report of the Local Inquiry Committee which evaluated the facilities of the colleges seeking affiliation. The Board Sub-Committee verified the infrastructure, land ownership, staff available, curriculum etc., during its visit to the above colleges on 9th and 10th October, 2017. The Board Sub-Committee took into consideration recommendations of the LIC and Academic Council for granting affiliation to the following colleges: 1. Sampoorna Agricultural Institute, Channapatna 2. Sri.S.Kariappa College of Agriculture, Kanakapura 3. Dr.G.P.Shetty College of Agriculture, Bangalore. The Board sub-Committee verified the facilities, financial and academic resources, land ownership records during its vits to the above colleges on 9th and 10th October, 2017. The detailed report prepared in this regard is enclosed for your kind information and further needful action. With regards, - 6 - HC-KAR NC: 2025:KHC:51897 WP No. 25234 of 2025 Yours faithfully, Sd/- Prof. Shakuntha Sridhara Chairman, Board Sub-Committee to Evaluate facilities of colleges seeking affiliation to UAS Bangalore CC to: 1. All the Members of Board Sub-Committee to evaluate facilities of colleges seeking affiliation to UAS, Bangalore- for information. 2. The Registrar & Member-Convener, Board of Management, UAS, Bangalore." 6. It is also an undisputed fact that the representations at Annexures-B and C submitted by the petitioner have been considered and erroneously rejected vide Annexure-G, which is contrary to the material on record warranting interference by this Court in the present petition. 7. In the result, I proceed to pass the following; ORDER (i) The petition is hereby allowed. (ii) The communication at Annexure-G dated 12.09.2025 addressed by respondent No.3 to the petitioner is hereby quashed. - 7 - HC-KAR NC: 2025:KHC:51897 WP No. 25234 of 2025 (iii) Respondent No.1- Principal Secretary as well as Department of Agriculture/concerned respondent Nos.2 and 3 are directed to consider/reconsider the representations at Annexures-B and C dated 10.06.2024 and 17.01.2025 respectively submitted by the petitioner, bearing in mind recommendation at Annexure-H dated 26.03.2018 issued by the University of Agricultural Sciences, in accordance with law within a period of four weeks from the date of receipt of copy of this order. SD/- (S.R.KRISHNA KUMAR) JUDGE NBM List No.: 1 Sl No.: 55