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2025 Supreme(Kar) 2309

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR, J.
MGM Foundation A Charitable Trust - Appellant
Vs.
The Karnataka State Law University - Respondent
Writ Petition No. 35673 of 2024 (EDN-AD)
Decided On : 26-11-2025

Advocates:
Advocate Appeared:
For the Appellant :Sri. Ganapathy Bhat Vajrahalli, Advocate
For the Respondent:Sri. Girish Kumar R., Advocate Smt. Anusha Srivastava, Advocate

The court emphasized timely processing and adherence to statutory requirements in the approval of educational institution affiliations, mandating a decision within two weeks.

Headnote:(A) Advocates Act, 1961 - Rules of Legal Education, 2008 - Writ of Mandamus sought for approval of affiliation by a college - Petitioners complied with all requirements but faced repeated inspections and failure to receive approval despite meeting statutory and infrastructural standards - Court directed the Bar Council to consider the objections and compliance report and decide within two weeks. (Paras 3, 11)

(B) Judicial Review - The court emphasized that decisions made by the Bar Council in the approval process must adhere to statutory requirements and timelines, particularly in the interest of justice and equity. (Paras 6, 10)

Facts of the case:
Petitioners applied for the approval of their college's affiliation multiple times since 2016 and paid significant inspection fees totaling Rs. 9,55,000/- while not receiving the necessary approval despite compliance with regulations.

Findings of Court:
The court instructed the Bar Council to consider the petitioners' objections and compliance regarding the inspection report in a timely manner as per law.

Issues: The primary issue was whether the petitioners had fulfilled all requirements for their college's affiliation and whether the Bar Council acted appropriately in the inspection and approval process.

Ratio Decidendi: The decision reiterated the importance of timely communication and adherence to statutory mandates during the approval process for educational institutions, highlighting the need for transparency and responsiveness from regulatory bodies.

Result: Petition disposed of with a directive to consider the application and compliance within two weeks.

Table of Content
1. petitioners seek writ for approval and fee relief. (Para 1 , 2)
2. inspection and compliance process outlined. (Para 3 , 4)
3. multiple inspections conducted, report discrepancies noted. (Para 5 , 6)
4. petitioners submit objections to inspection report. (Para 7)
5. petitioners claim compliance with statutory requirements. (Para 8 , 9)
6. court directs timely processing of petitioners' affiliation request. (Para 10 , 11)

ORDER :

S.R.KRISHNA KUMAR, J.

In this petition, the petitioners seek the following reliefs:

"Issue a Writ of Mandamus or any appropriate order by directing the respondent No.2 to issue the approval order on the basis of the petitioner's application dated 24.05.2016, as per Annexure - L and online re-application dated 05.02.2024 for approval of the petitioner's college, as per Annexure -AB3, in the interest of justice and equity.

Issue a Writ of Mandamus or any appropriate order by directing the respondent No.2 not to demand further fees for issue of the Approval Order as the petitioner has paid the requisite fees twice on the basis of the petitioner application dated 24.05.2016, as per Annexure - L and online re- application dated 05.02.2024 for approval of the petitioners' college, as per Annexure - AB3, in the interest of justice and equity.

Grant such other and further reliefs as this Hon'ble Court deems fit and necessary to be granted under circumstances of the above Writ Petition, in the interest of justice and equity."

2. Heard the learned counsel for the petitioners, the learned counsel for respondent No.1, learned counsel for respondent No.2 and perused the material on record.

3. A perusal of the material on record will indicate that the petitioners having been affiliated to respondent for 3-year LL.B course and 5-year B.A. LL.B course submitted the application seeking approval of the affiliation, pursuant to which, on 30.11.2016, the second respondent conducted inspection of the petitioners' institution and submitted a report. Subsequently, the petitioners submitted a reply along with the compliance report despite which the respondents did not approve the affiliation and instead conducted one more inspection by receiving a sum of Rs.6,50,000/- from the petitioners. Thereafter, on 11.09.2024, the second respondent conducted one more inspection despite which the respondents did not approve the affiliation of the petitioners and as such, the petitioners are before this Court by way of the present petition.

4. When the matter was posted before the Co-ordinate Bench of this Court on 24.02.2025, the following order was passed:

Learned counsel for respondent No.2 files a memo along with the letter dated 09.02.2025, 19.02.2025 and 22.02.2025 issued to the petitioner indicating that the committee has considered the inspection report of the inspection team and analyzed that the minimum physical and academic infrastructural requirements as per the rules of the legal education including Schedule III has not been followed by the petitioner.

Learned counsel for the petitioner seeks to look into the said documents.

Learned counsel for the petitioner submits that the inspection report conducted by the inspection committee in the month of September 2024 has not been communicated to the petitioner.

Learned counsel for respondent No.2 to furnish the copy of the inspection report to the petitioner.

At request, list this matter next week."

5. Subsequently, on 04.06.2025, the Co-ordinate Bench of this Court passed one more order, which reads as under:

Sri. Ganapathy Bhat, the learned counsel for the petitioners, is permitted to place on record additional Statement of objections.

On perusal of the Report filed by the Inspection Team headed by a former Judge of the High Court, Sri Ganapathy Bhat is called upon to place on record [preferably in a tabular column] [a] the requirements as per the existing Statute and Regulations [b] the facilities as of the date of inspection dated 11.09.2024 [c] the observations made by the Inspec

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