The executive body of a university cannot unilaterally exclude members of the legislative body from the inspection committee for college affiliations, as the legislative body holds plenary powers under the governing Act, and any resolution undermining this statutory oversight is legally invalid.

CAV ORDER

Writ Petition No.7165 of 2026 is filed by the Karnataka State Association of the Management of Nursing and Allied Health Science Institutions (for short, hereinafter referred to as 'Petitioner-Association') seeking direction to the respondent No.1-Government to recommend the respondent No.3- University to grant permanent affiliation to the institutions which have been affiliated continuously for a period of more than five years in terms of Proviso to Section 45(6) of the Rajiv Gandhi University of Health Sciences Act, 1994 (for short, hereinafter referred to as 'RGUHS Act'). The petitioner- Association also sought for direction to the respondent No.1- Government to consider the representation dated 04^th December, 2026 (Annexure-E) to amend the provisions of the RGUHS Act; inter alia sought for a direction to the respondent WP NO.9176 OF 2026 HC-KAR No.2-University to conduct inspection for continuation of affiliation for the Academic Year 2026-27 onwards in terms of decision taken in Subject 194/IX(1) of 194^th (Special) Syndicate Meeting held on 24^th December, 2024 as per letter dated 30^th December, 2024 (Annexure-D).

2. Writ Petition No.9176 of 2026 is filed by the petitioners claim to be a Members of the Senate of the respondent No.3-University, challenging the decision taken in respect of Subject 194/IX(1) of 194^th (Special) Syndicate Meeting held on 24^th December, 2024 as per letter dated 30^th December, 2024 (Annexure-A).

3. The facts in nutshell for the purpose of adjudication of Writ Petition No.7165 of 2026 are as follows:

3.1. The petitioner-Association challenged the action of the respondent No.3-University in appointing the Senate Members as the Chairman of the Local Inspection Committee (LIC) for the purpose of inspection of institutions affiliated to the respondent No.3-University for grant of continuation of affiliation for the Academic Year 2026-27 as the same is contrary to RGUHS Act and the statues framed thereunder as WP NO.9176 OF 2026 HC-KAR well as to the decision arrived at the 194^th Syndicate Meeting of the respondent No.3-University held on 24^th December, 2024.

3.2. It is further averred in writ petition that, as per Section 45(6) of the RGUHS Act, provision has been made to grant permanent affiliation to an institutions which were affiliated continuously for a period not less than five years by fulfilling all the conditions of affiliation and have attained the academic and administrative standards prescribed by the respondent No.3-University. It is further stated that, Section 47(2) of the RGUHS Act authorises the Syndicate to inspect every such colleges from time to time, however, it does not specify for every year, to conduct the inspection for the purpose of continuation of affiliation. Therefore, it is the contention of the petitioner-Association that, the respondent No.3-University having been inspecting each of the institutions, though it is not provided in the RGUHS Act, to carryout such inspection every year and that apart, the statute cannot override the law and as such, the statute was silent as to who should be the competent person under Section 47 of the RGUHS Act for the purpose of inspection of the grant of fresh WP NO.9176 OF 2026 HC-KAR affiliation and continuation of affiliation. Therefore, it is contended by the petitioner-Association that the respondent No.3-University shall conduct inspection for continuation of affiliation for the Academic year 2026-27 as per the decision taken in 194^th (Special) Syndicate Meeting of the res