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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF JANUARY, 2020

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

W.P. NO.15900/2015 (EDN-RES)

BETWEEN:

CHETANA EDUCATION TRUST (R.)

#3301 / A & B,

OPP. BAPUJI HIGH SCHOOL,

MCC ‘B’ BLOCK, DAVANAGERE - 577 004.

REPRESENTED BY ITS DIRECTOR

V.V. KIRAN

… PETITIONER

(BY SRI. YOGESH, V. KOTEMATH FOR SRI. P.H.

VIRUPAKSHAIAH, FOR PETIONER)

AND:

1. STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

DEPARTMENT OF HIGHER

EDUCATION (PUC),

M.S. BUILDING,

DR. AMBEDKAR VEEDHI,

BANGALORE - 560 001.

2. THE COMMISSIONER,

PRE-UNIVERSITY BOARD,

18^TH CROSS, MALLESWARAM,

BANGALORE – 560 012.

3. THE DIRECTOR

DEPARTMENT OF PRE-UNIVERSITY

EDUCATION, PRE – UNIVERSITY

EDUCATION BHAWAN, 18^TH CROSS,

MALLESWARAM,

BANGALORE – 560 012.

... RESPONDENTS

(BY SMT. PRAMODHINI KISHAN, AGA FOR RRESPONDENTS)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

DIRECT IN THE SIMILAR NATURE DECLARING RULE 4 (2) (a)

OF

THE

KARNATAKA

PRE-UNIVERSITY

EDUCATION

(ACADAMIC, REGISTRATION, ADMINISTRATION & GRANT-IN-

AID ETC.) RULES, 2006 IS UNCONSTITUTIONAL AND

ULTRAVIRES OF THE CONSTITUTION OF INDIA AND THE

KARANATAKA EDUCATION ACT, 1983 AND ETC.,

THIS PETITION IS COMING ON FOR FINAL HEARING,

THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

In the instant petition, petitioner has sought for

the following reliefs:

a) Issue

writ

in

the

nature

of

mandamus or any other writ or order

or direction in the similar nature

declaring

Rule

4(2)(a)

of

the

Karnataka Pre-University Education

(Academic,

Registration,

Administration & Grant-in-Aid etc)

Rules, 2006 is unconstitutional and

ultravires of the Constitution of India

and the Karnataka Education Act,

1983;

b) Issue

Writ

in

the

nature

of

mandamus or any other writ or order

or direction in the similar nature

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directing the respondent authorities

to permit the smooth running of the

institution run by the petitioner Trust.

2.

Learned

counsel

for

the

State

on

instructions

submitted

that

State

has

issued

amended Rules called the Karnataka Pre-University

Education (Academic, Registration, Administration

and Grant-in-aid etc,) (Amendment) Rules, 2017 (for

short ‘Rules, 2017’) on 27.09.2018.

3.

Rule 4(2)(a) of Karnataka Pre-University

Education (Academic, Registration, Administration

and Grant-in-aid etc.) Rules, 2006 (for short ‘Rules,

2006) reads as under:

4. Procedure for establishing a

new Private Pre-University college : -

(1) A registered Managing Committee

which is intending to establish a Pre-

University

college

shall

intimate

its

intention to do so to the Director, in Form

– 1 along with a fee of Rs.500.00. The

Director shall record such intimation in a

register kept in Form II and thereafter

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issue a letter of intent to the managing

committee within thirty days from the

date of intimation from the managing

committee.

(2) Upon receipt of the letter of intent, the

managing

committee

intending

to

establish a Pre-University college shall,

(a) Within one year from the date of letter

of intent, acquire a minimum of 25,000

Sq. ft. of land on which it intends to

construct the college building including

the principal’s chambers, class rooms,

library etc;

4.

By virtue of Rules, 2017 the following is

substituted Rule – 4 called Amendment to Rule 4:

3. Amendment to Rule 4 – In rule 4 of

the said rules, -

(1) In sub-rule(2),-

(i) in clause(a), after the words and

figures “acquire a minimum of 25,000 Sq.ft.

of land”, the words and figures “acquire or

take on lease for at least 30 years a

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minimum contiguous extent of land as per

the

Karnataka

Educational