The court emphasized the principle of fairness and equity in permitting the students to take the examination despite the lack of affiliation, based on previous Supreme Court decisions.

( 1 ) THESE appeals are from the common order of Puttaswamy, J. in W. P Nos. 4839 to 4843 of 1981. Respondent-2 therein, namely, the University of Bangalore (hereinafter referred to as 'the university') has presented WA Nos. 842 to 846 of 1981, while respondent-3 therein, Shri Vidyaganapathi Nursery and Primary Education Society (hereinafter referred to as 'the Education society'), has presented the writ appeal which has not yet been numbered".

( 2 ) THE material facts which led up to these appeals, are briefly these: By its letter dated 20-9-1979 addressed to the university, the Education Society sought for affiliation of its College in which it proposed to start the B. Ed. , Course during the year 1980-81. In the month of June 1980, the Education Society invited applications from ' intending students to join the first year B. Ed. , course in its College. In July 1980, the education Society admitted 135 students for that course.

( 3 ) THE Education Society had sent to the State Government a copy of its letter dated 13-6-1980 addressed to the university. The Government forwarded that copy of the letter to the University on 29-7-1980 for being processed under S. 53 of the Karnataka State Universities Act, 1976 (hereinafter referred to as 'the Act' ). The University, by its letter dated 2-9-1980, appears to have intimated to the State Government that affiliation could not be granted to the College of the Education Society as its application for affiliation had not been mde as required under S. 53 (2) (a) to (i) of the Act. Thereafter, the education Society appears to have sent to the University a regular application along with application fee of Rs. 3,000. However, the State Covernment appears to have intimated the Education society by its letter dated 17-1-1981, that it was too late to grant affiliation for the College of the Education society for the year 1980-81.

( 4 ) BUT, on the representation of the action Committee of the students of the first year B. Ed. class of the College of the Education Society, the Vice- chancellor of the University appears to have called, for a report in the matter from the Dean of Faculty of Education. The Dean appears to have reported to the Vice-Chancellor that innocent students had been exploited by the Education Society.

( 5 ) IN October-November 1980 five more Colleges, i. e. , Sarvajna College, dr. Ambedkar College, Sanjaya Gandhi college, M. V. J. College end New Horizon College, which were not different from the College of the Education Society, started B. ED. Courses therein and admitted students therefor without securing affiliation through the University as required under S. 53 of the Act. Later, they, it is said, obtained invalid affiliation from the State Government though the University appears to have been not in favour of granting affiliation to them, as well. However, the State government promulgated the Karnataka state Universities (Amendment) ordinance 1981 (hereinafter referred to as 'the Ordinance') to get over that situation. S. 2 of the Ordinance amended S. 53 of the Act by inserting the following non-obstante clause. "10) Notwithstanding anything contained in sub-sections (2) to (9), the State Government, may subject to such terms and conditions as may be specified in the order, grant io a collage affiliation to a university on receiving an application from the College either through the University or otherwise and affiliation so granted be deemed to have been granted in accordance with law and no suit or proceeding shall be entertained, maintained or continued in any Court questioning the validity of the affiliation so granted. "under the above Ordinance, the above clause was made to be effective between 1-1-79 and 31. 3. 81.

( 6 ) IN exercise of the extraordinary powers taken by it under the said Ordinance, the State Government validated the invalid affiliation which had been granted by it to those 5 Colleges.

( 7 ) THE unfortunate position that emerges