JUDGMENT :

S.R.KRISHNA KUMAR, J.

This Intra Court appeal by the appellants is directed against the impugned order dated 23.03.2022 passed in W.P.No. 100377/2022, whereby the said petition filed by the appellants was dismissed by the learned Single Judge, who proceeded further and issued certain directions to the parties.

2. Brief facts giving rise to the present appeal are as follows:-

The 1st appellant claims to be a registered Public Charitable Trust and the said Trust is running the 2nd appellant -College on the basis of the permission given by the 1st respondent – State vide order dated 24.07.2010. The said College is an unaided college i.e., running without a grant-in-aid. On the basis of the said Government Order dated 24.07.2010, the 2nd appellant commenced PU college from the academic year 2011-12. The said College was given necessary recognition by the 2nd respondent under Section 38 of the Karnataka Education Act, 1983 and the same was successfully renewed by the appellants every year.

2.1 On 09.08.2021, a complaint came to be filed by one Dr. Pradeep Kumar B.N to the 2nd respondent alleging that the 2nd appellant – College was closed for a period of 5 years for want of admissions and requested to take action in accordance with law. Thereafter, a show cause notice dated 19.08.2021 was issued by the 3rd respondent to the 2nd appellant, to which, a reply dated 23.08.2021 was given by the 2nd appellant – College. The 3rd respondent after consideration of both the complaint and the reply, addressed a letter dated 26.08.2021 to the 2nd respondent seeking its opinion for withdrawal of the approval or otherwise in the matter.

2.2 Thereafter, again the complainant filed another complaint dated 26.08.2021 by reiterating the same allegations made in the first complaint dated 09.08.2021. The 2nd respondent considering both the complaint dated 26.08.2021 and the report of the 3rd respondent, directed the 3rd respondent to conduct a detailed enquiry regarding the allegations made in the aforesaid complaints and report the same to its office. The 3rd respondent after conducting a detailed enquiry, recommended to accord permission to approve the admission of the students vide its report dated 30.10.2021. On consideration of the said report by the 2nd respondent, directed the 3rd respondent to levy a fine of Rs.50,000/-to the 2nd appellant – College for violation of the Rules. The 2nd respondent on the basis of the report dated 23.11.2021 given by the 3rd respondent, letter of 2nd appellant – College and the complaints referred to supra, by an order dated 01.01.2022 approved the admission of 67 students only for the academic year 2020-21 but refused to accord permission to admit the students for the year 2021-22 and also directed to conduct a separate enquiry. Being aggrieved by the aforesaid impugned order, they preferred the instant petition seeking quashing of the impugned order dated 01.01.2022 to the aforesaid extent as hereunder:-

“i) Issue a Writ in the nature of certiorari quashing the order bearing No.PAPUSHIEE/SIBBANDI-3CC-163/DA.AA/2021-22 passed by Respondent No.2 dated: 01.01.2022 vide Annexure-R to an extent of refusing admission for the academic for the year 2021-2022 and conducting a separate enquiry and condition No.15 in the said order.

ii) Issue such any order Writ or Direction that the Hon’ble Court may deem fit and circumstances of this case, in the interest of justice and equity.”

2.3 The said petition having been opposed by the respondents – State, who filed their statement of objections, the learned Single Judge proceeded to dismiss the petition by passing the following order:-

“(i) The Writ Petition is dismissed.

(ii) The 2nd petitioner shall deposit the above cost of Rs.1,00,000/-with the 2nd respondent within a period of 15 days of this order.

(iii) The said sum shall be used by the 2ndrespondent to disseminate information as regards the processes and policies to befollowed by all educational Colleges among the gener