Akshara Educational Trust vs State Government of Karnataka Education Department (PUE) and Pre University Education Department

S. Abdul Nazeer, J.—Though this matter is posted in the orders list, by consent of learned Counsel for the parties, it is taken up for final hearing, heard and disposed of by this order.

The Petitioner had made an application to the 1st Respondent seeking permission to start a Pre-University College (for short ''PU College'') at Shikaripur Taluk, Shimoga District: Several other trusts and educational societies had made a similar application to start PU Colleges in different parts of the State. The 1st Respondent had granted permission to different trusts/societies to start PU Colleges including the Petitioner as per the orders at Annexures-E and F for the academic year 2010-2011. The State Government has passed an order as per Annexure-A dated 31.5.2010 permitting the Petitioner to start the PU College for the academic year 2010-11 subject to certain conditions mentioned therein. The Petitioner has deposited requisite lee with the 2nd Respondent for starting the said College. The Petitioner has also given an undertaking in Form-III to the 2st Respondent in terms of the order at Annexure-A. However the Join Director, Department of Pre-University Education has sent communications to the Petitioner as per Annexures-C and D dated 14.7.2010 and 27.07.2010 respectively, withholding the permission granted to it to start the PU College. The Petitioner has called in question the validity of the said communications in this writ petition.

Sri. Jayakumar S. Patil, learned Senior Counsel appearing for the Petitioner submits that the State Government has granted permission to the Petitioner to start PU College as per Annexure-A dated 31.5.2010 at Shikaripur, Shimoga District for the academic year 2010-2011. Similar permission has been granted to 115 societies/trusts to start the PU Colleges is the Stale of Karnataka. The particulars of the said trusts/societies are found at Annexures-E an F. The Joint Director, Department of Pre-University Education, has sent a communication as per Annexures-C and D withholding grant, of permission to start the PU College to the Petitioner without assigning any reason. It is further contended that the State Government, has not passed any order suspending the permission granted to the Petitioner to start the said College.

On the other hand, learned HCGP appearing for the Respondents submits that the permission granted to the Petitioner-Trust to start PU College has been temporarily kept in abeyance until further orders, in view of the directions issued by the office of the Minister for Higher Education.

I have carefully considered the arguments of the learned Counsel for the parties made at the Bar and perused the materials placed on record.

It is not in dispute that the State Government has granted permission to the Petitioner to start a PU College at Shikaripur, Shimoga District for the academic year 2010-11 as per the order at Annexure-A. Similar permission has been granted to as many as 115 trusts/societies to start PU College in the state of the Karnataka for the academic year 2010-11. The Joint Director, Department of Pre-University Education, has issued communications at Annexures-C and D suspending the permission granted to the Petitioner without assigning any reasons except stating that the Office of the Minister of Higher Education has instructed him to do so. The Petitioner has produced copy of the proceedings sheet relating to grant of permission to the Petitioner to start the PU College. Perusal of the said proceedings sheet shows that no order has been passed by the competent authority to suspend the permission granted to the Petitioner to start the college in question. The communications at Aanexures-C and D have been issued without assigning any reasons. When the State Government has granted permission to start PU College to as many as 116 institutions, including the Petitioner, there is no reason why the State Government should suspend the permission granted to the Petitioner to start the college in question. Therefore, the communications at Annexures-C and D issued by the Respondents are hereby quashed. The letter dated 1.6.2010 bearing No. ED 438 SHH 2010 sent by the Joint Secretary, Department of Pre-University Education to the Director, Department of Pre-University Education, Malleswaram, Bangalore, is also quashed. The writ petition is allowed accordingly.

In view of disposal of the writ petition as above, Misc. W. No. 791/2011 does not survive for consideration. It is accordingly dismissed. No costs.