IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S. Indiresh, J
SRI KRISHNARAJENDRA CHARITABLE TRUSTS – Appellant
Versus
NATIONAL COMMISSION FOR INDIAN – Respondent
WRIT PETITION NO.17602 OF 2024 (EDN-RES)
| Table of Content |
|---|
| 1. petition for approval of increased bams intake capacity based on prior court orders. (Para 1 , 2 , 3 , 4) |
| 2. reliance on previous judicial mandate for seat enhancement. (Para 5) |
| 3. disposal of petition due to administrative compliance with court directions. (Para 6 , 7) |
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT UNIVERSITY TO APPROVE THE ADMISSIONS MADE BY THE PETITIONER INSTITUTION TO THE INCREASED INTAKE CAPACITY FROM 45 TO 60 BAMS SEATS ADMITTED FOR THE ACADEMIC YEAR 2020-21 AND 2021-22, IN LIGHT OF ORDER DATED 04/03/2024 PASSED BY THIS HONBLE COURT IN WRIT PETITION NO.5490/2021 VIDE ANNEXURE-D AND TO PERMIT THE SAID STUDENTS TO CONTINUE THE COURSE OF STUDY WITHOUT ANY INTERRUPTION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Heard learned counsel appearing for the parties.
2. In this Writ Petition, the petitioner has sought for a direction to the respondent - University to approve the intake capacity of the petitioner - Institution from 45 to 60 students to the BAMS Course for the academic year 2020-21 and 2021-22.
3. Sri. Abhishek Malipatil, learned counsel appearing for the petitioner, invited the attention of the Court to the order dated 04.03.2024 in W.P.No.5490/2021 (Annexure-D) and submitted that, in furtherance of the order passed by this Court, the respondent No.2 has taken a decision on 24.08.2024.
4. Smt. Manasi Kumar, learned counsel appearing for the respondent No.1 produced the copy of the order dated 24.08.2024 issued by respondent No.1.
5. In that view of the matter, it is relevant to extract the operative portion of the order dated 04.03.2024 in W.P.No.5490/2021 which reads as under:
"i) The Writ Petition is allowed.
ii) The order dated 23.10.2020 passed by respondent No.1 at Annexure-M is hereby quashed.
iii) A mandamus is issued directing respondent No.2 to accord/grant permission for increase of intake from 45 seats to 60 seats for the academic year 2020-21 and 2021-22 within a period of 30 days from the date of receipt of copy of this order.
iv) Liberty is however reserved to respondent No.2 to take such action as regards the enhanced intake made by the petitioner as may be permissible under law after issuing due notice to the petitioner.
v) Needless to say, once the intake of students stands enhanced to 60 seats, the same enhancement would continue for next academic year as long as there is no default."
6. Taking into consideration the aforementioned order passed by this Court and the statutory deposit made by the petitioner with the respondent No.1 in terms of Annexure-H, and pursuant to the same, the order dated 24.08.2024 has been passed by respondent No.1, in that view of the matter, no further order is required to be made in this Writ Petition.
7. Accordingly, the Writ Petition stands disposed of.
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