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2009 Supreme(Kar) 999

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
V. Gopala Gowda and K. Bhaktavatsala, JJ.
Aiman Ahamed Khan S/o. Dr. Shamshad A. Khan, Minor represented by Natural Guardian Dr. Shamshad A. Khan and others etc. etc. —Appellant
Vs.
State of Karnataka, Department of Medical Education, rep. by its Secretary and others etc. etc. —Respondent
Writ Petition Nos. 22192-22203/2009, 22382, 22386-395, 22396, 22406-410, 22413, 22628-634, 22635-641, 22915, 23160, 23492-495, 23496, 23594, 23595-596, 23647-23656, 24232-34, 24440, 24656-57, 24672, 24884, 25371, 25607, 25664, 25884 and 26918 of 2009
Decided on : 29-09-2009

Advocates:
Advocate Appeared:
Mr. Udaya Holla, Holla and Holla, Jayakumar S. Patil, Associates, Deviprasad Shetty, R.N. Narasimha Murthy, L.K. Srinivasamurthy, S. Shivanand, D.N. Nanjunda Reddy, Reuben Jacob, M.R. Naik, M. Mahabaleshwar Goud, K.S. Bharath Kumar, S. Vishwajith Shetty, T.P. Rajendra Kumar Sungay, M.M. Prashantha, for the Appellant
Mr. Ashok Haranahalli, Manohar, AGA, Vijayashankar, N.K. Ramesh, G.A. S.D., N. Khetty, P.S. Dinesh Kumar, M. Mahabaleshwar Goud., M.V. Seshachala, C. Mahabaleshwar Goud, B. Manohar, G.A., Madhusudan R. Naik, for the Respondent

Headnote:UNIVERSITY GRANTS COMMISSION ACT, 1956 - Sections 3 & 26(d): [V.Gopala Gowda & Dr. K. Bhaktavatsala,JJ] Deemed Universities - Guidelines formulated by UGC for purpose of granting status of deemed university have statutory force. Obtaining NOC by Educational Institution from State is a must to get them declared as a deemed university from Central Government.

       UNIVERSITY GRANTS COMMISSION ACT, 1956 - Sections 3 & 26: [V.Gopala Gowda & Dr. K. Bhaktavatsala,JJ] Status of deemed University - NOC issued by State Government subject to that institutions shall given an undertaking in form of MOU to effect that 25% of seats of intake fixed by Medical Council of India surrendered to both post graduate and undergraduate seats in Medicine course - On basis of same opinion was submitted by UGC and also gave its advice to Central Government to declare said institutions as deemed universities - Held, it is not open for educational institution to challenge terms and condition incorporated in notifications in their petitions by retaining status of deemed university declared by Central Government. It is also not open for them at this stage to take a ’U’ turn and contend that conditions imposed upon them in the Notifications are void ab initio in law for want of statutory policy under UGC Act.

ORDER

V. Gopala Gowda, J.—These batch of writ petitions are filed by the NITTE Education Trust and another, Yenepoya University (a Deemed University), the student-petitioners of both the said Educational Institutions, who are admitted by them on the basis of All India Entrance Examination conducted by it and counselling conducted by them individually, the student-petitioners allocated by the State Government under its 25% quota after conducting examination by the Karnataka Examination Authority (hereinafter called as the 'KEA' for short) seeking various reliefs against the Central Government, University Grants Commission (UCG for short), State of Karnataka urging various facts and legal contentions in support of their respective cases, which will be briefly stated in this judgment for the purpose of appreciating the rival legal contentions urged on behalf of the aforesaid parties with a view to answer the contentious points that would arise for our consideration.

2. The facts of each one of the petitioner. Deemed Universities and the student-petitioners of the colleges of the said universities their student-petitioners and the student -petitioners of 25% Karnataka State Government quota are chronologically narrated herein for the purpose of appreciation of their legal contentions urged in these petitions with a view to consider their claim and counter claims and find out as to whether they are entitled for the reliefs as prayed by each one of them.

3. It is the case of NITTE Education Trust that it is a Trust running its Educational Institutions such as Medical, Dental, Nursing, Engineering, Pharmacy and Management in both Under Graduate and Post Graduate courses. It had filed an application on 23.02.2007 to the Central Government under the University Grants Commission Act, 1956 for sanction of status of Deemed University in respect of A.B. Shetty Memorial Institute of Dental Sciences and other NITTE Institutes likes Usha Institute of Nursing Sciences, NITTE Gulabi Shetty Memorial Institute of Pharmaceutical Sciences, NITTE Institute of Physiotherapy which are being run by the aforesaid trust for grant of status of the Deemed University under UGC Act. The Central Government granted Deemed University status to it under Section 3 of the UGC Act with certain terms and conditions after getting "No objection Certificate" from the Karnataka State Government as required under guideline No. 17 of the guidelines issued by the UGC for the purpose of processing applications of Educational Institutions by the UGC and forward the same along with its opinion to the Central Government for the purpose of exercising its power under Section 3 of the UGC Act for conferment of the status of Deemed University.

4. It is further stated that the Educational Institutions run by NITTE University Trust is for higher studies. The State Government had granted "No objection Certificate" in respect of following Educational Institutions:

i) BLDE University, Bijapur.

ii) Sri. Siddhartha Academy of High Education, Tumkur, District.

iii) Christ University, Hosur Road, Bangalore.

iv) Jain University, V.V. Puram, Bangalore.

v) Sri. Devaraj Urs Academy of Higher Education and Research, Tamaka, Kolar,

vi) K.L.E. Academy of Higher Education and Research, Jakkur, Bangalore.

5. The State Government by issuing 'No Objection Certificate' in respect of the aforesaid other Educational Institutions, which are similarly situated that of the petitioner-Institutions without imposing any conditions whereas in the case of this petitioner trust, the State Government has imposed certain conditions when it has issued "No objection Certificate". Imposing 25% of seat matrix for the medical course in the K.S. Hegde Medical Academy of NITTE University, which action of the State Government is arbitrary, unreasonable and it is discriminatory in nature and the same is violative of Article 14 of Constitution of India.

6. It is further stated that the NITTE University Trust wrote to the State Governme


























































































































































































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