1. Writ Petitions No. 16849/2005 and 16851/2005 are filed by the Rashtreeya Sikshana Samithi Trust and the Karnataka Private Post-Graduate Colleges Association and others challenging the provision of R. 5 of the Karnataka Selection of Candidates for Admission to Master of Business Administration and Master of Computer Application as illegal with a further writ of declaration seeking for striking down the impugned Rules, notified under Notification of Education Secretariat dated 21-5-2005 as per Annexure ‘L.’ The petitioner seeks for a declaration declaring that it is incompetent for the State Government to regulate admissions in post-graduate courses of MBA and MCA in the petitioners-institutions. They want the communication, Annexure ‘M’ to be declared as unenforceable in these petitions.

2. Facts in brief are as under :

The petitioner-Institutions are unaided and self-financing educational institutions, duly approved by the authorities of AICTE. The admissions are carried on after due advertisement, calling for applications and conduct of an admission test, including interview and group discussions. The State Government has no competence to regulate any part of the ‘admissions