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S. R. KRISHNA KUMAR, G BASAVARAJA
Veerabhadreshwara Education Trust Kotturu – Appellant
Versus
Government of Karnataka by Its Principal Secretary, Department of Education, (Primary And Secondary Education) – Respondent
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 admiss
Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.
The court emphasized that denial of renewal of educational permission without providing an inspection report and opportunity to rectify deficiencies violates principles of natural justice.
The court affirmed that educational institutions must comply with regulatory standards, and the authority to keep affiliations in abeyance is inherent, provided due process is followed.
The establishment of educational institutions must comply with statutory provisions, ensuring local educational needs are assessed to prevent unhealthy competition.
Point of Law : State actions are required to be non-arbitrary and justified on the touchstone of Article 14 of the Constitution. Action of the State or its instrumentality must be in conformity with ....
The main legal point established in the judgment is the interpretation of the saving provisions under Sec. 146 of the Act of 1983 and its impact on the applicability of disciplinary rules and proceed....
The purpose of “recognition” and “affiliation” is different. In the context of the N.C.T.E. Act, “affiliation” enables and permits an institution to send its students to participate in the public exa....
Notification for starting a new education institution - Permission for starting new colleges can be granted only to co-operative institutions, which have sufficient financial background and prior exp....
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