Karnataka High Court
Pragathi College Of Education vs The State Of Karnataka on 16 September, 2013
Author: S.Abdul Nazeer
Bench: S. Abdul Nazeer
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF SEPTEMBER 2013
BEFORE
THE HON'BLE MR.JUSTICE S. ABDUL NAZEER
WRIT PETITION NOS. 33518 & 33624/2013
C/W W.P.NOS.32300-32301/2013, 37446/2013,
33271/2013, 33272/2013, 33273/2013, 33274/2013
33275/2013 & 37447/2013 (EDN-REG-P)
W.P.NOS.33518 & 33624/2013
Between:
Pragathi College of Education,
No.4594/10, M.G.Road,
Chintamani Town,
Reptd. By the Principal. .... Petitioner.
(By M/s Lex Nexus, Advs.)
And:
1 The State of Karnataka,
Reptd. By its Secretary
To the Department of Higher Education,
M.S.Bldg., Bangalore.
2 Bangalore University,
Gnanabharathi Campus,
Bangalore,
Reptd. By its Registrar.
2
3 Vice Chancellor,
Bangalore University,
Bangalore.
4 Registrar (Evaluation),
Bangalore University,
Bangalore. .... Respondents.
(By Sri R.B.Satyanarayana Singh, HCGP for R1
Sri T.P.Rajendrakumar Sungay, Adv. for R2 to R4)
W.P.NOS.32300-32301/2013
Between:
1 Pali Education Society (Regd.).,
No.1, 2nd Main, BDA Layout,
Pattegarapalya, Prashanthnagar,
Vijayanagar West, Bangalore - 79,
Bangalore - 79, Reptd. By its Administrator,
Smt. Rupa N.T.,Aged about 39 years,
W/o Sri H.S. Palakshamurthy,
R/o Bangalore.
2 Karnataka International Education Trust (Regd.).,
No.6001, 7th Cross, Bismillanagar,
Bannerghatta Road, Bangalore - 29,
Reptd. By its Honorary Secretary,
Smt.Ayesha Jamadar, Aged about 38 years,
R/o No.1, 31st Main, 3rd Cross,
BTM Layout, Bangalore - 68. .... Petitioners.
(By Sri K.C.Shanthakumar, Adv.)
3
And:
1 The State of Karnataka,
Reptd. By its Principal Secretary,
Department of Higher Education,
Government of Karnataka,
M.S.Bldg, Bangalore - 1.
2 Bangalore University,
Jnana Bharathi,
Bangalore - 56,
Reptd. By its Registrar.
3 The Registrar (Academic Section -3),
Bangalore University,
Jnana Bharathi,
Bangalore - 560 056. .... Respondents.
(By Sri R.B. Sathyanarayana Singh, HCGP for R1
Sri T.P.Rajendrakumar Sungay, Adv. for R2 & R3)
W.P.NO.37446/2013
Between:
Ravi College of Education,
Ravi Education Society,
2nd Cross, Gowripet,
Kolar 563 131,
Reptd. By its Secretary,
E. Gopalappa. .... Petitioner.
(By Sri K. Raghupathy, Adv.
4
Adv:
1 State of Karnataka,
Reptd. By its Principal Secretary,
Dept. of Higher Education,
M.S.Bldg., Bangalore -1.
2 The Registrar,
Bangalore University,
Gnanabharathi,
Bangalore - 56.
3 The Vice-Chancellor,
Bangalore University,
Jnana Bharathi,
Bangalore - 56.
4 National Council for Teachers Education,
Southern Regional Committee,
Jnana Bharathi,
Bangalore - 56. .... Respondents.
(By Sri Omkar, AGA for R1
Sri T.P. Rajendrakumar Sungay, Adv. for R2 & R3
Sri Haranahalli & Patil, Advs. For R4)
5
W.P.NO.33271/2013
Between:
Rock Valley Teachers College,
Mahila Seva Educational Trust (R),
Sri Sai Sadana, KNS Post,
Bangarpet, Kolar 563 101,
Reptd. By its Secretary,
Dr.K.R.Pillappa. ..... Petitioner.
(By Sri K.Raghupathy, Adv.)
And:
1 State of Karnataka,
Reptd. By its Principal Secretary,
Dept. of Higher Education,
M.S.Bldg., Bangalore 1.
2 The Registrar,
Bangalore University,
Gnanabharathi,
Bangalore - 560 056.
3 The Vice-Chancellor,
Bangalore University,
Jnana Bharathi,
Bangalore - 560 056.
6
4 National Council for Teachers Education,
Southern Regional Committee,
Jnana Bharathi,
Bangalore - 56,
Reptd. By Regional Director. .... Respondents.
(By Sri R.B.Sathyanarayana Singh, HCGP for R1
Sri N.K.Ramesh, Adv. for R2 & R3
M/s Haranahalli & Patil, A/S, Advs. For R4)
W.P.NO. 33272/2013
Between:
Sri Vijayendra College of Education (B.Ed.).,
Saraswathi Educational Trust,
Yernaganahalli Road,
Oorgaumpet Post, KGF 563 121,
Reptd. By its Secretary,
N.R.Vijayashankar. .... Petitioner.
(By Sri K.Raghupathy, Adv.)
And:
1 State of Karnataka,
Reptd. By its Principal Secretary,
Dept. of Higher Education,
M.S.Bldg., Bangalore 1.
2 The Registrar,
Bangalore University,
Gnanabharathi,
Bangalore - 560 056.
7
3 The Vice-Chancellor,
Bangalore University,
Jnana Bharathi,
Bangalore - 560 056.
4 The Regional Director,
National Council for Teachers Education,
Southern Regional Committee,
Jnana Bharathi,
Bangalore - 56. .... Respondents.
(By Sri R.B.Sathyanarayana Singh, HCGP for R1
Sri N.K.Ramesh, Adv. for R2 & R3
M/s Haranahalli & Patil, A/S, Advs. For R4)
W.P.NO.33273/2013
Between:
Vishnu B.Ed. College,
Sri Sapthagiri Srinivasa Educational
And Cultural Society Trust (R),
Hunasanahalli Extension,
Takel Road, Bangarpet,
Kolar District 563 114,
Reptd. By its Chairman,
G.M.Govindaraja Reddy. .... Petitioner.
(By Sri K.Raghupathy, Adv.)
8
And:
1 State of Karnataka,
Reptd. By its Principal Secretary,
Dept. of Higher Education,
M.S.Bldg., Bangalore 1.
2 The Registrar,
Bangalore University,
Gnanabharathi,
Bangalore - 560 056.
3 The Vice-Chancellor,
Bangalore University,
Jnana Bharathi,
Bangalore - 560 056.
4 National Council for Teachers Education,
Southern Regional Committee,
Jnana Bharathi,
Bangalore - 56,
Reptd. By Regional Director. .... Respondents.
(By Sri R.B.Sathyanarayana Singh, HCGP for R1
Sri N.K.Ramesh, Adv. for R2 & R3
M/s Haranahalli & Patil, A/S, Advs. For R4)
9
W.P.NO. 33274/2013
Between:
Sharada College of Education,
Muthyalpet, Mulbagal,
Kolar Dist. 563 131,
Reptd. By its Principal,
Mahadeva Swamy. .... Petitioner.
(By Sri K. Raghupathy, Adv.)
And:
1 State of Karnataka,
Reptd. By its Principal Secretary,
Dept. of Higher Education,
M.S.Bldg., Bangalore 1.
2 The Registrar,
Bangalore University,
Gnanabharathi,
Bangalore - 560 056.
3 The Vice-Chancellor,
Bangalore University,
Jnana Bharathi,
Bangalore - 560 056.
10
4 National Council for Teachers Education,
Southern Regional Committee,
Jnana Bharathi,
Bangalore - 56,
Reptd. By Regional Director. .... Respondents.
(By Sri R.B.Sathyanarayana Singh, HCGP for R1
Sri N.K.Ramesh, Adv. for R2 & R3
M/s Haranahalli & Patil, A/S, Advs. For R4)
W.P.NO.33275/2013
Between:
Smt.Indira B.Ed. College,
Budi Kote, Bangarpet Tq.,
Kolar District,
Reptd. By its Secretary,
B.V.Krishna. .... Petitioner.
(By Sri K. Raghupathy, Adv.)
And:
1 State of Karnataka,
Reptd. By its Principal Secretary,
Dept. of Higher Education,
M.S.Bldg., Bangalore 1.
2 The Registrar,
Bangalore University,
Gnanabharathi,
Bangalore - 560 056.
11
3 The Vice-Chancellor,
Bangalore University,
Jnana Bharathi,
Bangalore - 560 056.
4 National Council for Teachers Education,
Southern Regional Committee,
Jnana Bharathi,
Bangalore - 56,
Reptd. By Regional Director. .... Respondents.
(By Sri R.B.Sathyanarayana Singh, HCGP for R1
Sri N.K.Ramesh, Adv. for R2 & R3
M/s Haranahalli & Patil, A/S, Advs. For R4)
W.P.NO.37447/2013
Between:
Ramapriya College of Education,
Amrith Educational and Cultural Society,
Bangalore Chennai Bye-Pass Road,
Mulbagal, Kolar 563 131,
Reptd. By its Principal,
Prasad Reddy. .... Petitioner.
(By Sri K. Raghupathy, Adv.)
And:
1 State of Karnataka,
Reptd. By its Principal Secretary,
Dept. of Higher Education,
M.S.Bldg., Bangalore 1.
12
2 The Registrar,
Bangalore University,
Gnanabharathi,
Bangalore - 560 056.
3 The Vice-Chancellor,
Bangalore University,
Jnana Bharathi,
Bangalore - 560 056.
4 The Regional Director,
National Council for Teachers Education,
Southern Regional Committee,
Jnana Bharathi,
Bangalore - 56. .... Respondents.
(By Sri R.B.Sathyanarayana Singh, HCGP for R1
Sri N.K.Ramesh, Adv. for R2 & R3
M/s Haranahalli & Patil, A/S, Advs. For R4)
---
W.P.Nos.33518 & 33624/2013 are filed under Articles 226
& 227 of the Constitution of India, praying to quash the order dated
12.2.2013 passed by the 1st respondent, etc.
W.P.Nos.32300-32301/2013 are filed under Articles 226 &
227 of the Constitution of India, praying to quash the conditions
contained in the notification dated 6.7.2013, etc.
W.P.No.37446/2013 is filed under Articles 226 & 227 of the
Constitution of India, praying to quash the order dated 9.6.2013
issued by the 2nd respondent, etc.
13
W.P.No.33271/2013 is filed under Articles 226 & 227 of the
Constitution of India, praying to quash the order dated 9.6.2013
issued by the 2nd respondent, etc.
W.P.No.33272/2013 is filed under Articles 226 & 227 of the
Constitution of India, praying to quash the order dated 9.6.2013
issued by the 2nd respondent, etc.
W.P.No.33273/2013 is filed under Articles 226 & 227 of the
Constitution of India, praying to quash the order dated 9.6.2013
issued by the 2nd respondent, etc.
W.P.No.33274/2013 is filed under Articles 226 & 227 of the
Constitution of India, praying to quash the order dated 9.6.2013
issued by the 2nd respondent, etc.
W.P.No.33275/2013 is filed under Articles 226 & 227 of the
Constitution of India, praying to quash the order dated 9.6.2013
issued by the 2nd respondent, etc.
W.P.No.37447/2013 is filed under Articles 226 & 227 of the
Constitution of India, praying to quash the order dated 9.6.2013
issued by the 2nd respondent, etc.
These Writ Petitions coming on for Further Orders this day,
the Court passed the following:
ORDER
In all these cases, the petitioners have called in question the validity of the condition imposed by the Bangalore University in its order dated 9.6.2013 that the colleges have to seek fresh affiliation 14 for the academic year 2013-2014, while renewing the affiliation for the academic year 2012-2013.
2. In W.P.Nos.33518 & 33624/2013, the petitioners have also sought for quashing the order at Annexure 'H' dated 12.2.2013 whereby the State Government has annulled the resolution passed by the Syndicate of the Bangalore University dated 12.12.2012.
3. The petitioners are either the Educational Societies or the Colleges imparting education in B.Ed. Course. The Colleges are affiliated to Bangalore University.
4. The contention of the petitioners is that the National Council for Technical Education had accorded approval for starting B.Ed. course in their respective colleges. The Bangalore University renewed the affiliation from time to time. The University appointed a "Task Force Committee" under its order dated 21.5.2012 to undertake surprise inspections in respect of the institutions 15 imparting education in B.Ed. course. One Karankumar was appointed as the Chairman of the Committee. The Committee had been empowered to undertake surprise inspection. The Committee submitted its report on 2.11.2012 by giving grading or marking on the basis of which it had made four categories under which the institutions were enlisted. The Committee recommended for cancellation of affiliation in respect of the 4th category institutions for the academic year 2012-2013.
5. The report of the committee was placed before the Syndicate in its 102nd meeting held on 12.12.2012. In the said meeting, the Syndicate resolved to accept the report of the Committee by making an observation that based on the local enquiry committee report, necessary steps will be initiated for renewal or disaffiliation of the colleges for the academic year 2012-2013.
16
6. The Sate Government by its order dated 12.2.2013 cancelled the resolution of the Syndicate. The purported exercise of the power of the State Government is under Section 10(1) of the Karnataka State Universities Act, 2000 (for short 'the Act'). Pursuant to the said Government Order, the Syndicate issued notice to the petitioners under Section 63 calling upon them to show cause as to why affiliation should not be withdrawn for the academic year 2012-2013. Thereafter, the Syndicate renewed the affiliation for the academic year 2012-2013.
7. It is further contended that the local inspection committee had already conducted inspection and had made recommendation for renewal of affiliation to the petitioner-Institution for the academic year 2012-2013. In view of the subsequent Government Order, the University had set up an expert committee consisting of three members to give a report for renewal of the affiliation of the colleges. The three member committee under the Chairmanship of Prof.A.S.Seetharamu had been appointed and the expert committee 17 had visited the colleges on various dates and had submitted its report to the Syndicate recommending to review the affiliation of the petitioner institution but only to the extent of 50 students.
8. The Academic Council considered the report in its meeting held on 16.5.2013. The academic council resolved not to refer the resolution of three member expert committee on the ground that the three member committee had not verified as to whether there was compliance of the shortcomings pointed out in the Task Force Committee report. However, it has recommended for the affiliation to be renewed for the academic year 2012-2013 in the interest of students. The notification of the academic council along with the reports of the expert committee as well as Task Force Committee was placed before the special meeting of the Syndicate dated 15.5.2013.
9. The Syndicate has unilaterally resolved to withdraw the affiliation in respect of the petitioner-institution in its meeting 18 dated 17.5.2013. However, it had observed that in the interest of the students, the affiliation will be continued for the academic year 2012-2013. In respect of the academic year 2013-2014, the University would consider the request of the colleges for fresh affiliation based on merits if such requests are made subsequently after fulfilling the requirements. Pursuant to the said resolution, the notification has been issued by the University inviting application for renewal of the affiliation as well as fresh affiliation where the University has indicated that renewals will be granted only in respect of category 1 and 2 as per the report of the Task Force Committee.
10. The University has filed its objections in W.P.Nos.33518 & 33624/2013 opposing the writ petitions.
11. I have heard the learned Counsel for the parties. 19
12. Sri Subramanya Jois, learned Senior Counsel appearing for the petitioners in W.P.Nos.32300-32301/2013 submits that while granting affiliation for the academic year 2012-2013, the condition imposed by the University that no renewal of affiliation will be granted is totally illegal. It is argued that the Task Force Committee constituted by the University for considering the application for renewal of affiliation or grant of fresh affiliation is without authority of law. It is an extra statutory committee which cannot inspect or submit a report for the purpose of grant or renewal of affiliation. It is argued that once the NCTE granted recognition under Section 14(6) of the NCTE Act, the University has to grant affiliation to such institution. Having granted the affiliation for the academic year 2012-2013, the University has to consider grant of renewal of affiliation for the academic year 2013- 2014. Renewal of affiliation for the academic year 2012-2013 cannot be subject to the condition that petitioners have to make application for fresh affiliation for the academic year 2013-2014. It 20 is submitted that to that extent, the order impugned is liable to be quashed.
13. Sri D.R.Ravishankar, learned Counsel appearing for the petitioners in W.P.Nos.33518 & 33624/2013 submits that the University cannot rely on the report of the Task Force Committee for considering renewal or grant of affiliation. Under Section 59(1) of the Act, the colleges can be affiliated on satisfying the conditions specified in various sub-sections of Section 59. The order impugned has the effect of withdrawal of affiliation under Section 63. Affiliation can be withdrawn in accordance with the procedure prescribed therein. It is further argued that the college which was affiliated continuously for a period of not less than 5 years and fulfilled all the conditions of affiliation and attained the academic excellence and the administrative standards stipulated by the University from time to time, is eligible for grant of permanent affiliation. If the affiliation is not renewed, it will lose its right to apply for permanent affiliation under Section 62. It is further 21 argued that the order passed by the Government dated 12.2.2013 is opposed to Section 10 of the Act. The University in its 102nd meeting of the Syndicate has resolved to renew affiliation subject to certain conditions. The Government has no power to annul the said resolution.
14. Sri T.P.Rajendrakumar Sungay and Sri N.K.Ramesh, learned Counsel appearing for the respondents have sought to justify the impugned orders. It is contended that the Task Force Committee has visited each of the colleges and have submitted their report. The report would clearly indicate that the colleges do not possess necessary infrastructure. They are unfit to impart education in B.Ed. course. With a view to avoid hardship to the students, who have been admitted for the academic year 2012- 2013, affiliation has been renewed with a condition that they should apply for fresh affiliation for the next academic year. 22
15. Learned HCGP appearing for the State Government has supported the order of the State Government dated 9.6.2013.
16. I have carefully considered the arguments of the learned Counsel made at the Bar and perused the materials placed on record.
17. The University is a corporation of teachers or assemblage of learned men or colleges for teaching the higher branches of learning. A University has been legally established to hold the examination, grant and confer degrees, diplomas and other distinctions and also to admit educational institutions, not maintained by it to its privileges as affiliated colleges. Affiliation of the college is essential for the purpose of attaching an educational institution to such University within jurisdiction as directed by law. The expression 'affiliation' has not been defined in the Act. Sub-section (1)(a) of Section 12-A of the University 23 Grants Commission Act, 1956 defines the expression 'affiliation' as under:
" 'affiliation', together with its grammatical variations, includes in relation to a college, recognition of such college by, association of such college by, association of such college with, and admission of such college to the privileges of, a University."
18. Chapter X of the Act lays down the procedure for affiliation of colleges and recognition of institutions. Section 59(1) of the Act states that Colleges within the University area shall on satisfying the conditions specified in the said Section be affiliated to the University as affiliated colleges of the University on the recommendations made by the State Government. The expression 'conditions specified in this Section' contained in this Section makes it amply clear that for the grant of affiliation, the colleges within the University area have to satisfy the conditions specified in various sub-sections of Section 59 and not any other provisions 24 of the Act or any other procedure which may be prescribed by the University.
19. Sub-section (3) of Section 59 provides for the procedure for applying for affiliation of new colleges or new courses in the existing affiliated colleges. Sub-section (6) of Section 59 states that on receipt of the application under sub-section (2), it shall be placed before the Syndicate for consideration. The Syndicate on consideration of each of the applications for affiliation shall direct a local inquiry to be made by a local inquiry committee ('LIC' for short). Sub-section (7) of Section 59 states that the LIC within 30 days from the date of constitution thereof shall submit a report to the Academic Council. The Academic Council shall soon after receipt of the report of the LIC consider the findings of the committee envisaged in the report and make a further enquiry and record its opinion on such request and transmit it to the Syndicate. This is provided in sub-section (8) of Section 59. The role of the Syndicate is to consider the report of the LIC and the resolution of 25 the Academic Council and record its opinion on the question whether the request shall be granted either in whole or in part or rejected, after making such further enquiry as may be deemed necessary.
20. Thereafter, the Registrar has to submit the application and its enclosures, annexures, the report of the LIC and the proceedings of the Academic Council and the Syndicate to the State Government for taking a decision thereon before 31st March of ensuing year. The State Government has to consider the application as provided in sub-section (11) of Section 59 and make recommendation to the University to affiliate or reject affiliation as the case may be, or any part thereof, including the variation in the intake. Sub-section (12) mandates the University to issue formal order in accordance with the order of the State Government. 26
21. Sub-section (13) states that sanction of affiliation is subject to obtaining the prior approval of the All India Council for Technical Education or such other authorities or bodies concerned and the intake determined shall not exceed the intake if any specified by such authorities or bodies.
22. Sub-section (17) of Section 59 provides for renewal of affiliation or continuation of affiliation for each academic year for the existing courses of study. From this Section, it is clear that even for renewal of affiliation, the procedure prescribed in various sub-sections of Section 59 has to be followed except that the Registrar need not submit the application to the State Government as provided in sub-section (10). The Syndicate is the authority to grant renewal of affiliation.
27
23. It is thus clear that for affiliation or renewal of affiliation, the materials to be relied on by the authorities is the report of the LIC. The Academic Council has to consider the report of the LIC and on making such further enquiry as may appear to be necessary, it has to record its opinion on such request and transmit it to the Syndicate. The Syndicate has to again consider the report of the LIC, the resolution of the Academic Council and record its opinion on the question whether the request shall be granted either in whole or in part after making such further enquiry as may deem it necessary. There is no provision to appoint the Task Force Committee by the Vice-Chancellor or by any authority of the University for the inspection of the colleges for considering renewal of the affiliation. If the manner of doing a particular act is prescribed under any statute, the act must be done in that manner. It is settled that where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all {See RAM CHANDRA KESHAV ADKE (DEAD) BY L.Rs. VS.
28GOVINDA JOTI CHAVARE AND OTHERS - AIR 1975 SC 915; and BABU VERGHESE AND OTHERS VS. BAR COUNCIL OF KERALA AND OTHERS - (1999) 3 SCC 422}.
24. Section 67 provides for inspection of colleges. The Syndicate is at liberty to cause every affiliated colleges to be inspected from time to time by the Committee constituted for the said purpose. However, the inspection report submitted under Section 67 cannot be made use of for considering the application for grant or renewal of affiliation.
25. In the instant case, the second respondent constituted a Task Force Committee as per the order dated 21.5.2012 to undertake surprise inspections in respect of the institutions imparting the education in B.Ed. course. The order passed by the Committee is as under:
29
"BANGALOR UNIVERSITY Jnana Bharathi, Bangalore - 560 056 Preamble: The vice-chancellor, on the basis of complaints of grave irregularities such as off-campus programmes, non-compliance to the calendar of events, appointment of unqualified teachers, irregular academic programs and award of disproportionate internal assessment marks, had constituted an Academic Audit Committee (AAC) for B.Ed. colleges in the year 2009. The AAC in its report, categorized the colleges as 'Satisfactory', 'To Be Improved' and 'those with grave irregularities'. Inspite of implementing most of the recommendations of the AAC report, Vice Chancellor is still receiving similar complaints regarding the conduct of academic programs and other irregularities.
Therefore, the Vice-Chancellor has decided to constitute a Task Force Committee to inspect the colleges offering B.Ed and M.Ed. courses under the purview of Bangalore University and submit a repot for needful action.
Hence, this order.
UNIVERSITY ORDER NO.VCP/CC/B.ED.-AAC/2012 DATED 21.05.2012 In the circumstances mentioned in the preamble above, a Task Force Committee consisting of the following members is constituted to inspect the colleges offering B.Ed and M.Ed 30 courses under the purview of Bangalore University and submit a report for needful action.
1. Sri Karana Kumar H. Chairman Academic Council Member, Bangalore University.
2. Dr.M.B.Keerthi Narayana Member. Swamy, Dean I/C, Faculty Of Education, Bangalore University.
3. Dr.Haseen Taj, Member Reader, Department of Education, Bangalore University.
4. Dr.Nagarajaiah, Member Retd. Professor, R.V.Teachers' College, Bangalore.
5. Sri Rajashekara Murthy, Convener. Asst. Finance Officer, Bangalore University.
The above Task Force comes into effect immediately and will function till June, 2013.
The Task Force is authorized to undertake surprise inspection of the colleges to obtain first hand information regarding the conduct of B.Ed and M.Ed courses. The Task Force may inspect regarding admissions, student attendance, appointment of 31 qualified Principal/teachers, award of internal assessment marks, conduct of academic programmes and other aspects relating to B.Ed. and/or M.Ed. courses.
The Task Force shall submit periodic reports, at least once in a month to the Chancellor and submit a comprehensive report after inspecting all the colleges within 3 days from the date of issue of this order.
The Chairman, Members and the convenor of the Task Force are eligible for sumptuary, such other allowances and honorarium as applicable to the LIC committees.
A vehicle-Toyota Innova-shall be provided to the Task Force as and when requested by the Convener with the approval of the Chairman.
The Finance Officer shall relieve the Assistant Finance Officer, Convenor of the Task Force as and when requisitioned by the Chairman of the Task Force.
The Chairman of the Task Force may recommend/requisition such measures/factors that may facilitate the smooth and effective functioning of the Task Force and implement the same with the approval of the Vice Chancellor.32
NOTE: Since the Registrar has not issued the order, even after the file was approved on 21.2.2012 and 29.2.2012, this order is signed by the Vice-Chancellor."
26. The Task Force Committee inspected the various B.Ed. courses affiliated to the Universities and has categorized the colleges into four groups. The report of the committee (Annexure 'F' in W.P.Nos.33518 & 33624/2013) was placed before the 102nd meeting of the Syndicate held on 12.12.2012. The Syndicate passed the resolution as under:
"After detailed deliberations, the Syndicate resolves as under:
(i) The Syndicate unanimously resolved to accept the Task Force Committee's report on M.Ed., and B.Ed. colleges;
(ii) Based on the Task Force Report, the Syndicate further resolved to issue notices to all such colleges where the irregularities and discrepancies are found, to submit their compliance within three months' time;33
(iii) Based on the LIC reports, necessary steps will be initiated for renewal/disaffiliation of colleges for the academic year 2012-13;
(iv) It was unanimously resolved that the Chairman/Convenor/any member of the Task Force Committee should not disclose the contents of the reports to any Body, Media or any other agencies, without the permission of the Syndicate/University."
27. The resolution was annulled by the State Government by order dated 12.2.2013. The State Government vide order dated 8.2.2013 directed the University to constitute three men committee to examine the present status of the B.Ed. college under the jurisdiction of the University. The University has constituted three men Committee to verify the compliance of defects pointed out by the Task Force Committee in B.Ed. colleges for 2012-2013 with the approval of the Syndicate. The three men committee sent its recommendation. On the basis of the recommendation of the Committee, the University has passed the impugned order granting renewal affiliation for the academic session 2012-2013 with liberty 34 to the colleges to file applications for fresh affiliation for the academic session 2013-2014, if they so desire.
28. Having granted renewal of affiliation for the academic session 2012-2013, the University is not justified in directing the colleges to file the application seeking fresh affiliation, if they so desire, for the academic year 2013-2014. They are entitled to make an application for renewal of affiliation under the Act. The order of the University dated 9.6.2013 to that extent requires to be quashed in so far as the petitioner-colleges are concerned.
29. As stated earlier, on the basis of the report of the LIC, the Syndicate in its 102nd meeting held on 12.12.2012 resolved to consider the renewal of affiliation of the petitioner-colleges. Section 10(1) of the Karnataka State Universities Act authorizes the State Government to annul any order, notification, resolution or any proceedings of the University which in its opinion is not in conformity with the provisions of the Act or is otherwise 35 inconsistent with the policy of the State Government after affording an opportunity to the University under the provision. On the basis of the report of the LIC and the resolution of the Academic Council, the Syndicate has to consider renewal of affiliation. The Task Force Committee has no role to play while considering grant or renewal of affiliation. The State Government has opined that the Syndicate has failed to implement the interim report of the Task Force Committee while considering grant of renewal of affiliation, which is contrary to the Scheme of the Act. It is true that under sub-clause (13) of Section 59, grant of affiliation is subject to the approval by the NCTE. Therefore, approval of the NCTE can even be obtained after renewal of affiliation. Thus, the order of the Government dated 12.2.2013 is not in conformity with Section 10(1) of the Act.
30. It is to be noticed here that some of the petitioner- colleges have filed the applications for renewal of affiliation for the academic year 2013-2014. The said applications have to be 36 considered by the University in accordance with law. The petitioner-Colleges, who have not applied for renewal of affiliation should also be permitted to make application for renewal of affiliation.
31. In the light of the aforesaid discussions, I pass the following:
ORDER
(i) The direction contained in the impugned order dated 9.6.2013 passed by the respondent-University holding that the application of the petitioner-colleges for renewal of affiliation for the academic session 2013-2014 will not be accepted and that they have to make application for grant of fresh affiliation is hereby quashed only in so far as the petitioner-colleges are concerned.
(ii) The renewal of affiliation granted to the petitioner- colleges for the academic year 2012-2013 in the said notification is not disturbed.
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(iii) The Government Order dated 12.2.2013 (Annexure 'H' in W.P.Nos.33518 & 33624/2013) is hereby quashed.
(iv) Such of those petitioner-colleges, who have not filed application for renewal of affiliation for the academic session 2013-2014 are permitted to file the application for renewal of affiliation within a period of two weeks from the date of receipt of a copy of this order.
(v) The respondent-University is directed to consider the applications filed by the petitioner-colleges for renewal of affiliation and the applications, which may be filed by the petitioner-colleges pursuant to this order for the academic year 2013-2014 in accordance with law.
(vi) Writ petitions are allowed in the aforesaid terms. No costs.
Sd/-
JUDGE.
BMM/-