SAI VIDYA INSTITUTE OF TECHNOLOGY v. THE STATE OF KARNATAKA
WP/22339/2026 · 2026-08-12
Jayant Banerji, T M Nadaf
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32569 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32569 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010515732026 NC: 2026:KHC:42865-DB WP No. 23085 of 2026 C/W WP No. 22339 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 23085 OF 2026 (EDN-RES) C/W WRIT PETITION NO. 22339 OF 2026 (EDN-RES)
IN WP NO. 23085/2026 BETWEEN:
DAYANANDA SAGAR COLLEGE OF ENGINEERING AN AUTONOMOUS INSTITUTE AFFILIATED TO VISVESVARAYA TECHNOLOGICAL UNIVERSITY, SHAVIGE MALLESHWARA HILLS, KUMARASWAMY LAYOUT, BENGALURU - 560 078, KARNATAKA, REPRESENTED BY ITS PRINCIPAL, DR. B.G. PRASAD. …PETITIONER (BY SRI. K.G. RAGHAVAN, SR. ADVOCATE FOR SRI. S.B. MATHAPATI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION
Digitally signed by REKHA R Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010515732026 NC: 2026:KHC:42865-DB WP No. 23085 of 2026 C/W WP No. 22339 of 2026
(TECHNICAL EDUCATION SECTION), BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 3. KARNATAKA STATE HIGHER EDUCATION COUNCIL, BY ITS EXECUTIVE DIRECTOR, NO. 30, PRASANNA KUMAR BLOCK, Y. RAMACHANDRA ROAD, GANDHINAGAR, BENGALURU - 560 009. 4. VISVESVARAYA TECHNOLOGICAL UNIVERSITY BY ITS REGISTRAR,
"JNANA SANGAMA" BELAGAVI - 590 018
5. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION A STATUTORY BODY CONSTITUTED UNDER THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987, BY ITS MEMBER SECRETARY NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI - 110 070
…RESPONDENTS (BY SMT. PRAMODHINI KISSAN, AGA FOR R1 TO R3 SRI. ABHISHEK KUMAR, ADVOCATE FOR R4 SRI. H.R. SHOWRI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A.
ISSUE A WRIT OF CERTIORARI OR A WRIT IN THE NATURE OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER OR
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HC-KAR
CNR: KAHC010515732026 NC: 2026:KHC:42865-DB WP No. 23085 of 2026 C/W WP No. 22339 of 2026
DIRECTION, QUASHING AND SETTING ASIDE THE GOVERNMENT ORDER BEARING NO. ED 42 TEC 2026 DATED 02.05.2026 ISSUED BY RESPONDENT NO.2 AT ANNEXURE - L, INSOFAR AS THE SAME IS SOUGHT TO BE APPLIED TO CURTAIL THE INTAKE OF THE PETITIONER COLLEGE ALREADY SANCTIONED BY AICTE (RESPONDENT NO.5). AND ETC., IN WP NO.
22339/2026 BETWEEN:
SAI VIDYA INSTITUTE OF TECHNOLOGY RAJANUKUNTE, DODDABALLAPURA ROAD, VIA YELAHANKA, BENGALURU - 560 064, KARNATAKA, REPRESENTED BY ITS PRINCIPAL, DR. MANJUNATH T.N. …PETITIONER (BY SRI. VIKRAM A. HUILGOL, SR. ADVOCATE FOR SRI. S.B. MATHAPATI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION (TECHNICAL EDUCATION SECTION), BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. - 4 -
HC-KAR
CNR: KAHC010515732026 NC: 2026:KHC:42865-DB WP No. 23085 of 2026 C/W WP No. 22339 of 2026
3. THE KARNATAKA STATE HIGHER EDUCATION COUNCIL, BY ITS EXECUTIVE DIRECTOR, NO. 30, PRASANNA KUMAR BLOCK, Y. RAMACHANDRA ROAD, GANDHINAGAR, BENGALURU - 560 009. 4. VISVESVARAYA TECHNOLOGICAL UNIVERSITY BY ITS REGISTRAR, "JNANA SANGAMA" BELAGAVI - 590 018
…RESPONDENTS (BY SMT. PRAMODHINI KISSAN, AGA FOR R1 TO R3 SRI. ABHISHEK KUMAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A.
ISSUE A WRIT OF CERTIORARI OR A WRIT IN THE NATURE OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING AND SETTING ASIDE THE GOVERNMENT ORDER BEARING NO. ED 42 TEC 2026 DATED 02.05.2026 ISSUED BY RESPONDENT NO.1 AT ANNEXURE - N1, INSOFAR AS THE SAME IS SOUGHT TO BE APPLIED TO CURTAIL THE INTAKE OF THE PETITIONER COLLEGE ALREADY SANCTIONED BY AICTE. AND ETC.,
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF
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HC-KAR
CNR: KAHC010515732026 NC: 2026:KHC:42865-DB WP No. 23085 of 2026 C/W WP No. 22339 of 2026
ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
A common affidavit in WP.No.23085/2026 (EDN-RES) and WP.No.24949/2026 (EDN-RES), WP.No.22339/2026 (EDN-RES), WP.No.24365/2026 (EDN-RES), has been filed today in Court by the learned Additional Government Advocate, which is taken on record. It also reflects that various representations have been filed by the petitioners in the aforementioned writ petitions. In paragraph No.2 of this common affidavit, it is stated as follows:
"2.
I state that in view of the representations dated 03.06.2026 with regard to petitioner in W.P.No.24365/2026, 03.06.2026 with regard to petitioner in W.P.No.24949/2026, 08.06.2026 with regard to petitioner in W.P.No.22339/2026, 01.07.2026 with regard to petitioner in W.P.No.23085/2026, to include the seats as per the AICTE approval process for the academic year 2026-27, it is respectfully submitted that their representations shall be reconsidered in accordance with law. The copies of the above representations are produced herewith and marked as DOCUMENT NO.1 TO 4."
2. Learned Additional Government Advocate, appearing for the respondents states that a decision would
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HC-KAR
CNR: KAHC010515732026 NC: 2026:KHC:42865-DB WP No. 23085 of 2026 C/W WP No. 22339 of 2026
be taken on or before 17.08.2026, in case this Court so directs. 3. We have perused the affidavit. It is sworned by Thulasi Maddineni, IAS, presently serving as Secretary, Higher Education Department, M.S.Building, Dr.B.R.Ambedkar Veedi, Bengaluru. 4. The representations are enclosed as Document Nos.1 to 4. They are addressed respectively to: i. The Principal Secretary, Department of Higher Education,
ii. The Additional Chief Secretary to the Government, Department of Higher Education (Technical),
iii. The Principal Secretary Department of Higher Education
iv. The Under Secretary, Department of Higher Education, (Technical Education). 5. Learned Additional Government Advocate, states that the Competent Authority would take a decision in the matter. - 7 -
HC-KAR
CNR: KAHC010515732026 NC: 2026:KHC:42865-DB WP No. 23085 of 2026 C/W WP No. 22339 of 2026
6. We therefore, direct the Principal Secretary or the person holding equivalent rank (respondent No.2), in the Government of Karnataka, Department of Higher Education (Technical Education Section), to take a decision on the aforesaid representations marked as Document Nos.1 to 4 in the common affidavit filed today, in accordance with law, no later than 17.08.2026. These writ petitions are disposed of accordingly. Sd/- (JAYANT BANERJI) JUDGE
Sd/- (T.M.NADAF) JUDGE
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