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2026 DAILYLAW 6035 (KAR)

SAMPOORNA INTERNATIONAL INSTITUTE v. STATE OF KARNATAKA

WP/5356/2026 · 2026-04-16

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20761 WP No. 5356 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5356 OF 2026 (EDN-RES) BETWEEN: SAMPOORNA INTERNATIONAL INSTITUTE OF AGRI.SCIENCES AND HORTICULTURAL TECHNOLOGY, KB DODDI GRAMA, NIDDAGHATTA GRAMA PANCHAYATH, MADDUR TALUK, MANDYA DISTRICT - 562 160 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. G.V.CHANDRASHEKAR, SENIOR COUNSEL FOR SRI. ABHINAY.Y.T., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION VIDHANA SOUDHA, DR. B R AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20761 WP No. 5356 of 2026 2. DEPARTMENT OF HIGHER EDUCATION STATE OF KARNATAKA VIDHANA SOUDHA, DR. B R AMBEDKAR VEEDHI, BENGALURU - 560 001 REPRESENTED BY ITS UNDER SECRETARY TO GOVERNMENT (UNIVERSITIES -1). 3. DEPARTMENT OF AGRICULTURE STATE OF KARNATAKA VIDHANA SOUDHA, DR. B R AMBEDKAR VEEDHI, BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 4. KARNATAKA EXAMINATION AUTHORITY, 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU - 560 0 42 REPRESENTED BY ITS REGISTRAR 5. UNIVERSITY OF MYSORE, U VISHWAVIDYANILAYA KARYA SOUDHA, CRAWFORD ROAD, MYSORE - 570 005 REPRESENTED BY ITS REGISTRAR 6. UNIVERSITYOF AGRICULTURAL SCIENCES, GKVK ROAD, VIGNANA KENDRA BENGALURU - 560 067 REPRESENTED BY ITS REGISTRAR. (amended as per order dated 24.03.2026) …RESPONDENTS (BY SMT. SUKANYA BALIGA.B., AGA FOR R1 TO R3; SRI. N.K.RAMESH, ADVOCATE FOR R4; SRI. ABHISHEK KUMAR, ADVOCATE FOR R5; SRI. M.SREENIVASA, ADVOCATE FOR R6) - 3 - HC-KAR NC: 2026:KHC:20761 WP No. 5356 of 2026 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO RESPONDENTS 1 TO 3 TO INCLUDE THE NAME OF THE PETITIONER SAMPOORNA INTERNATIONAL INSTITUTE OF AGRI. SCIENCES AND HORTICULTURAL TECHNOLOGY IN THE COMMON ENTRANCE TEST CONDUCTED BY RESPONDENT NO.4 IN VIEW OF THE RECOGNITION GRANTED BY THE 5TH RESPONDENT UNIVERSITY OF MYSORE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, petitioner has sought for issuance of a writ of mandamus to Respondent Nos.1 to 3 to include the name of the Petitioner-Institution, in the Common Entrance Test (for short, hereinafter referred to as 'CET') to be conducted by Respondent No.4, in view of the recognition granted by Respondent No.5-University. - 4 - HC-KAR NC: 2026:KHC:20761 WP No. 5356 of 2026 2. Heard Sri.G.V.Chandrashekar, learned Senior Counsel appearing on behalf of Sri.Abhinay.Y.T., learned counsel appearing for the petitioner; Smt.Sukanya Baliga.B., learned Additional Government Advocate appearing for Respondent Nos.1 to 3; Sri.N.K.Ramesh, learned counsel appearing for Respondent No.4; Sri.Abhishek Kumar, learned counsel appearing for Respondent No.5 and Sri.M.Sreenivasa, learned counsel appearing for Respondent No.6. 3. It is contended by the learned Senior Counsel appearing for the petitioner that the CET is scheduled to commence from 15.02.2026 and applications have been called for, to include the name of the Colleges for taking the ensuing examination. It is pleaded that, the students of the Petitioner-Institution have not been considered to take CET examination to be conducted by the Respondent No.4 and as such, it is argued by the learned Senior Counsel appearing for the petitioner by referring to the provisions under the Karnataka State University Act, 2000 - 5 - HC-KAR NC: 2026:KHC:20761 WP No. 5356 of 2026 as well as the Universities of Agricultural Sciences Act, 2009 (Karnataka Act No. 10 of 2010) (for short, hereinafter referred to as the 'Act') while seeking for a direction to Respondent Nos.1 to 3 to include the Petitioner-Institution, in the CET to be conducted by Respondent No.4. It is also contended by the learned Senior Counsel appearing for the petitioner by referring to Annexure-D dated 26.03.2018, wherein, the Board Sub- Committee to Evaluate facilities of colleges seeking affiliation to UAS Bengaluru has recommended for the inclusion of the Petitioner-Institution to Respondent No.6- University and therefore, there is no impediment for Respondent Nos.1 to 3 to include the Petitioner- Institution's students to take examination conducted by Respondent No.4. 4. It is also argued by the learned Senior Counsel appearing for the petitioner by referring to the order dated 09.12.2025 in W.P.No.25234 of 2025 (Edn-Res) (Annexure-P), wherein, this Court directed the - 6 - HC-KAR NC: 2026:KHC:20761 WP No. 5356 of 2026 respondents therein to consider the case of the petitioner within four weeks from the receipt of the order, however, the respondents therein have not considered the same and therefore, sought for interference of this Court. 5. Per contra, Sri.M.Sreenivasa, learned counsel appearing for Respondent No.6 refers to Section 46 of the Act and submitted that such Institution, which requires to be affiliated to Respondent No.5-University has to make an application in compliance of Section 44 of the Act and thereafter, the affiliation will be granted to such Institution. Learned counsel also referred to the order dated 11.01.2019 in Special Leave Petition No.31813 of 2018 and submitted that under similar circumstances, the Hon'ble Supreme Court rejected the case of the petitioners therein and as such, sought for dismissal of the petition. 6. Sri.N.K.Ramesh, learned counsel appearing for Respondent No.4 contended that a writ of mandamus would not lie unless there is a demand by the petitioner and refusal by the Respondent-Authority. It is also argued - 7 - HC-KAR NC: 2026:KHC:20761 WP No. 5356 of 2026 by the learned counsel for Respondent No.4 that unless the Petitioner-Institution is affiliated as required under the Act, the permission being granted to such students of the petitioner to take up examination in CET is not possible and accordingly, sought for dismissal of the petition. 7. Smt.Sukanya Baliga.B., learned Additional Government Advocate also argued on similar lines. 8. In the light of the submission made by the learned counsel appearing for the parties, I have carefully examined the provisions contained under Section 44 of the Act, which provides for the affiliation of colleges and recognition of institutions under the Act. It is also to be noted that the statement of objects and reasons of the University of Agriculture Sciences Act, 2009, provides that the said Act is a comprehensive enactment to consolidate and amend the law relating to Universities of Agricultural Sciences for providing development of Agriculture and Allied Sciences in the State of Karnataka. Section 2 (2) - 8 - HC-KAR NC: 2026:KHC:20761 WP No. 5356 of 2026 provides for the definition to "Affiliated College", which reads as under: "(2) ‘Affiliated college’ means a college or a Institution within the University jurisdiction and affiliated to the University in accordance with the statutes prescribed and providing courses of study for admission to the examination for Degrees, Diplomas or other academic distinctions of the University". 9. It is also to be noted that Section 2(3) provides for definition to the word, which is inclusive in nature for "Agriculture", which reads as under: "(3) “Agriculture” includes the basic and applied sciences namely:- a) Natural Resource Management ; b) Soil and Water Management; c) Crop Improvement including Production and protection; d) Horticulture, Fruits, Vegetables, Floriculture, Spices, Medicinal and Aromatic plants and Plantation Crops; e) Veterinary and Animal Sciences including poultry; f) Dairy Science and Technology; g) Psiciculture and Fisheries Management; - 9 - HC-KAR NC: 2026:KHC:20761 WP No. 5356 of 2026 h) Forestry, Farm Forestry, Forest and Wild life Management, and Silviculture; i) Agricultural Engineering and Technology; j) Food Science and Technology; k) Agricultural Marketing and cooperation and Agri. Business management; l) Basic Sciences and Humanities related to Agriculture; m) Agricultural Biotechnology; n) Post-harvest Technology including processing; o) Land Use Planning and Management; p) Sericulture including Mulberry culture; q) Apiculture; r) Home Science; s) Agricultural Technology and Rural Development; t) Agricultural Economics; u) Any other subject related to agriculture Land Use Planning and management. 10. Section 2(27), defines the "University". The said provision reads as under: 2(27). “University” means an Agricultural University established under Section 3. - 10 - HC-KAR NC: 2026:KHC:20761 WP No. 5356 of 2026 11. It is also to be noted from Section 44 of the Act, which provides for the affiliation of colleges, that the petitioner has sought for the writ of mandamus to Respondent Nos.1 to 3 to include the Petitioner-Institution, which is running under the University of Mysuru. It is to be noted that when there is a special Act, which provides for the accreditation of the Universities of Agricultural Sciences in the State of Karnataka, I am of the view that, the contentions raised by the learned Senior Counsel appearing for the Petitioner-Institution, who has been running the Institution under the University of Mysuru, cannot be considered, as the same is not under the provisions of Universities of Agricultural Sciences Act, 2009. 12. Further, another ground for not interfering with the writ petition is that, this Court by its order dated 09.12.2025 in W.P.No.25234 of 2025 (Edn-Res) (Annexure-P) has directed the respondents therein to consider the case of the petitioners, in accordance with - 11 - HC-KAR NC: 2026:KHC:20761 WP No. 5356 of 2026 law. In that view of the matter, it is for the respondents to consider the case of the petitioner, in compliance of the aforementioned order. In that view of the matter, I am of the view that, at this stage, though the recommendation has been made by the Board for inclusion of the Petitioner-Institution in the University as per Annexure-D, however, the same has to be considered in the light of the provisions contained under the Universities of Agricultural Sciences Act, 2009. Therefore, no interference is called for, in this writ petition and unless there is a demand and refusal, this Court cannot issue a writ of mandamus to the Respondents-Authorities. Therefore, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE DH List No.: 2 Sl No.: 13