Karnataka High Court
Sri Sathya Sai Educational ... vs State Of Karnataka on 5 December, 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER 2023
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.14877 OF 2020 (EDN-RES)
BETWEEN:
1. SRI SATHYA SAI EDUCATIONAL TRUST
(KARNATAKA)
SAI GEETHANJALI, NO.36
21ST MAIN ROAD
8TH CROSS, JP NAGAR, 2ND PHASE,
BENGALURU-560078
REPRESENTED BY ITS CONVENER
2. SRI SATHYA SAI EDUCATIONAL TRUST
(KARNATAKA)
SRI SATHYA SAI INSTITUTE FOR WOMEN
(FORMERLY KNOWN AS
BHAGAWAN SRI SATHA SAI EDUCATION SOCIETY,
SRI. SATHYA SAI INSTITUTE OF HOME SCIENCES
(FOR WOMEN)
4TH CROSS, SAPTAPUR
DHARWAD-580001
REP. BY ITS AUTHORIZED SIGNATORY
...PETITIONERS
(BY SRI. SRIRANGA, SR. COUNSEL FOR
SMT. SUMANA NAGANAND, ADVOCATE)
W.P.No.14877/2020
2
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING
BENGALURU-560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. AKKAMAHADEVI WOMENS UNIVERSITY
VIJAYAPUR-586105
REP. BY ITS VICE CHANCELLOR
....RESPONDENTS
(BY SRI. PRINCE ISSAC, AGA FOR R1
SRI. RAVINDRA REDDY, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS AND QUASH HE DECISION DTD.7.2.2020
ADDRESSED BY THE R-1 TO THE R-2 AND CALL FOR
RECORDS AND QUASH THE COMMUNICATION
DTD.20.7.2020 ADDRESSED BY THE R-2 TO THE P-2
ANNEXURE-A AND CALL FOR THE RECORDS AND QUASH
THE COMMUNICATION DTD.26.8.2020 ADDRESSED BY
THE R-2 TO THE P-2 ANNEXURE-B AND DECLARE THAT
THE STRICT AND PLAIN INTERPRETATION OF SECTION
59(5) OF THE KARNATAKA UNIVERSITIES ACT 2000
SOUGHT TO BE GIVEN BY THE RESPONDENTS LEADS TO
ABSURDITY AND DEFEATS THE OBJECT AND EFFICACY OF
THE KARNATAKA STATE UNIVERSITIES ACT 2000 AND
INCLUDE WITHIN ITS AMBIT EVEN POST FACTO APPROVAL
AND ETC.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 26.10.2023, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:
W.P.No.14877/2020
3
ORDER
The petitioners have filed this writ petition seeking for the following prayers:
a) Call for records and quash the decision dated 07.02.2020 bearing No. ED 117 MVV 2017 addressed by the 1st respondent to the 2nd respondent;
b) Call for records and quash the communication dated 20.07.2020 bearing No.AMVV/No.2/2020-21/514 addressed by the 2nd respondent to the 2nd petitioner (Annexure-A);
c) Call for records and quash the communication dated 26.08.2020 bearing No.AMVV/No.2/2020-21/952 addressed by the 2nd respondent to the 2nd petitioner (Annexure-B);
d) Declare that the strict and plain interpretation of section 59(5) of the Karnataka Universities Act, 2000 sought to be given by the respondents leads to absurdity and defeats the object and efficacy of the Karnataka State Universities Act, 2000 and include within its ambit even post-facto approval;
e) Declare that the post facto approval of change in name and management of the petitioners vide communications dated 26.07.2019 of the 1st respondent and W.P.No.14877/2020 4 13.08/12/2019 (Annexure-L) are legal and valid;
f) Any other relief that this Hon'ble Court deems fit in the facts and circumstances o the present case, in the interest of justice.
2. Brief facts leading rise to filing of this petition are as under:
Petitioner No.2 was established in the year 1974 and the college initially awarded degrees only in Home Science and was called Bhagawan Sri Sathya Sai Education Society, Sri Sathya Sai Institute of Home Science (For Women). In order to expand its courses and award degrees with greater demand in the market, it received investment from Sri Sathya Sai Central Trust and a new trust, Sri Sathya Sai Education Trust, was founded. The college campus was expanded and developed and a formal change in the name and management was necessary as the college expanded beyond awarding only Home Science W.P.No.14877/2020 5 degrees. The college name was sought to be changed to Sri Sathya Sai Educational Trust (Karnataka), Sri Sathya Institute for Women. Petitioner No.2 filed an application under Section 59(5) of the Karnataka State Universities Act, 2000 (for short 'the Act of 2000'). Respondent No.2 sought certain information from petitioner No.2 which was duly furnished.
Respondent No.2 informed petitioner No.2 vide letters dated 20.07.2017 and 24.08.2017 that for the purpose of changing the name and management, prior approval of the Government is required under the Act.
In furtherance of this, Bhagawan Sri Sathya Sai Education Society filed the application on 18.09.2017 to the respondent No.1. The Syndicate members of respondent No.2 approved the change of name and management in a meeting held on 24.10.2017. In response to a letter by petitioner No.1 dated 21.05.2019, respondent No.2 vide letter dated W.P.No.14877/2020 6 13.08.2019 informed that respondent No.1 had granted post facto approval for the change of name.
However, letter dated 20.07.2020 respondent No.2 informed the petitioners that respondent No.1 had withdrawn its post facto approval through a decision dated 07.02.2020. This decision was purportedly to have been taken under Section 63 of the Act of 2000. The reason for withdrawal of the approval was that Section 59(5) of the Act of 2000 mandates prior approval for change in management and name and does not provide for post facto approval. In furtherance to this withdrawal, the Syndicate Members' meeting held on 10.06.2020 had restored the former name of petitioner No.2, college. A representation made by petitioner No.1 to respondent No.2, to reconsider its decision and permit petitioner No.2 to continue operating in its changed name was W.P.No.14877/2020 7 rejected vide letter dated 26.08.2020. Aggrieved by the same, the petitioners have filed this writ petition.
3. Respondent No.1 filed the statement of objections contending that the State Government vide order dated 26.07.2019 granted approval and change the management and change the name of the institution. The said order was issued after the change was effected by the petitioners, the same amounting to post facto approval which was not the scope of Section 59(5) of the Act of 2000 and the State Government vide internal communication dated 07.02.2020 directed the university to submit the proposal withdrawal of affiliation of the petitioner - Institution and directed the university to initiate the action as per section 63 of the Act of 2000. It is contended that the petitioner cannot have any grievance against the letter dated 07.02.2020 and the W.P.No.14877/2020 8 said letter is an internal communication between respondent Nos.1 and 2. Hence, on these grounds he prays to dismiss the writ petition.
4. Heard Sri S.S.Naganand, learned Senior counsel for petitioner and Smt. Girija Patil, learned counsel for respondent No.2.
5. Learned counsel for the petitioners submits that the petitioner No.2 college was affiliated before 1974 i.e., prior to the Karnataka State Universities Act, 2000, The Karnataka State Universities Act, 1976 was in force. He submits that there is no provision in the said enactment, which mandates the prior approval of the State Government for the change of name of an institution. He submits that the State Government approved the change of name of petitioner No.2 -college vide letter dated 26.07.2019. The same cannot be withdrawn. The approval under W.P.No.14877/2020 9 Section 59(5) of the Act of 2000, the said enactment is applicable to the petitioner - college. He submits that Section 59(5) of the Act of 2000 mandates that application can contain an undertaking to the effect that there shall not be any transfer in the management, change in the name and style of institution at the time of seeking affiliation without prior approval of the State Government. He submits that mere existence of the phrase "prior approval" in Section 59(5) of the Act of 2000 of the said enactment ought not to be interpreted to restrict the power of the State Government to unable the institutions to change the name and style and transfer of management after its affiliation. Further, he submits that before passing an impugned orders, no notice was issued and no enquiry was held. Thus, the impugned orders are in violation of principles of natural justice. Hence, on these grounds, he prays to allow the writ petition. W.P.No.14877/2020 10
6. Per contra, learned Additional Government Advocate submits that the petitioners submitted an application as per Annexure-L under Section 59(5) of the Act of 2000. Pursuant to Annexure-L, the State Government vide order dated 26.07.2019, granted approval and change the name of the institution. He submits that the impugned communications are internal communications. Hence, he submits that the writ petition filed by the petitioners is not maintainable. He submits that the Government may direct the University to withdraw the affiliation as per Section 63(9) of the Act of 2000 and as per Section 63(10) of the Act of 2000, the University shall on receipt of such direction pass formal order. Hence, on these grounds he prays to dismiss the writ petition.
7. Smt. Girija Patil, learned counsel for respondent No.2 supports the impugned orders. W.P.No.14877/2020 11
8. Perused the records and considered the submissions made by learned counsel for the parties.
9. It is not in dispute that the petitioner No.2
- college was established by Bhagawan Sri Sathya Sai Education Society which was formerly known as Bhagawan Sri Sathya Sai Education Institution, Sri Sathya Sai Institute of Home Science (for women) (hereinafter referred to as 'SSSIHS') vide communication dated 20.12.2016, requested for change of name of college and submitted necessary documents along with demand draft dated 17.12.2016, for Rs.40,920/-. Respondent No.2 vide communication dated 12.05.2017, called upon the SSSIHS to submit necessary documents for getting prior approval from the Government. Pursuant to the communication dated 12.05.2017, SSSIHS submitted relevant documents vide communication dated 16.05.2017, 20.07.2017 and 24.08.2017. The State W.P.No.14877/2020 12 Government granted post facto approval vide notification dated 26.07.2019. Bhagawan Sri Sathya Sai Education Society submitted an application to respondent No.1 on 18.09.2017 under Section 59(5) of the Act of 2000. The respondent No.2 vide order dated 13.08/12.2019, intimated to the petitioner No.2 about the post-facto approval given by respondent No.1 under Section 59(5) of the Act of 2000 for change in the name of petitioner No.2 - College. Section 59 of the Act of 2000 provides for Affiliation of Colleges, which reads as under:
59. Affiliation of colleges.- (1) Colleges within the University area shall on satisfying the conditions specified in this section be affiliated to the University as affiliated colleges of the University on the recommendations made by the State Government.
(2) The Registrar shall notify atleast in two leading newspapers one in English and one in Kannada, inviting applications for affiliation of W.P.No.14877/2020 13 new colleges, new courses in the existing affiliated colleges, new subjects in the affiliated colleges and also variation in the sanctioned intake fixing the last date for receipt of applications. The advertisement shall also contain such other particulars as may be required by the University and also specify the amount of fee for affiliation with a specific indication where the college requires to obtain the approval or recognition of the All India Council for Technical Education, the Bar Council of India, the National Council for Teachers Education or such other authorities to that effect.
(3) A college applying for affiliation to the University shall send an application to the Registrar within the time limit stipulated in the advertisement furnishing the information with respect to the following:-
(a) that it will supply a need in the locality, having regard to the type of education intended to be provided by the college, the existing provision for the same type of education made by other colleges in the neighbourhood and the suitability of the locality where the college is to be established;W.P.No.14877/2020 14
(b) that it is to be under the management of a regularly constituted governing body;
(c) that the strength and qualifications of the teaching staff and the conditions governing their tenure of office are such as to make due provision for the courses of instruction, teaching or training to be undertaken by the college;
(d) that the buildings in which the college is to be located are suitable and that provision shall be made in conformity with the Ordinances for the residence in the college or in lodgings approved by the college, for students not residing with their parents or guardians and for the supervision and welfare of students.
(e) that due provision has been made or will be made for a library;
(f) that where affiliation is sought in any branch of experimental science, that arrangements have been or will be made in conformity with the Statutes, Ordinances and Regulations for imparting instruction in the branch of science in a properly equipped laboratory or museum;
(g) that as far as circumstances may permit due provision shall be made for the residence of the principal and members of the teaching staff in or near the college or the place provided for the residence of students;W.P.No.14877/2020 15
(h) that the financial resources of the college are such as to make due provision for its continued maintenance and efficient working; and
(i) that rules fixing the fees if any to be paid by the students have been framed or will be framed.
(4) Applications for affiliation of new colleges shall not be entertained from individuals, but only from the registered society or registered public trust, financially viable to run the colleges without the aid of the State Government.
(5) The application shall further contain an undertaking that after the college is affiliated there shall not be any transfer of management or change of name and style of the college, without prior approval of the State Government and the University.
(6) On receipt of 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:
W.P.No.14877/202016
Provided that the local inquiry committee shall consist of atleast one person belonging to the Scheduled Castes or the Scheduled Tribes.
(7) The Local Inquiry Committee shall within thirty days from the date of constitution thereof submit a report to the Academic Council.
(8) The Academic Council shall soon after the receipt of the report of the Local Inquiry Committee consider the findings of the Committee envisaged in the report and make such further enquiry as may appear it to be necessary and record its opinion on such request and transmit it to the Syndicate.
(9) The Syndicate shall consider the report of the Committee and the resolution of the Academic Council and shall further 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.
(10) The Registrar shall submit the application and its enclosures, annexures, the W.P.No.14877/2020 17 report of the Local Inquiry Committee, and the proceedings of the Academic Council and Syndicate to the State Government for taking a decision thereon before 31st March of ensuing year.
(11) The State Government shall consider such applications in the light of the recommendations of the Local Inquiry Committee, the Academic Council and the Syndicate and after such enquiry as may appear to it to be necessary make their recommendation to the University to affiliate or reject affiliation as the case may be, or any part thereof, including the variation in the intake.
(12) The University shall on receipt of the directions of the State Government, issue formal orders accordingly.
(13) Sanction of affiliation however, be subject to obtaining the prior approval of the All India Council for Technical Education, the Bar Council of India, the National Council for Teachers Education, or such other authorities or bodies concerned and the intake determined W.P.No.14877/2020 18 shall not exceed the intake if any specified by such authorities or bodies.
(14) Where the application for affiliation or fixation of intake or any part thereof is granted by the University on the recommendation of the State Government, the University shall specify in the order the courses of study in respect of which and the period for which the college or course is affiliated with the specified intake with or without specific conditions.
(15) Where such an application or any part thereof is rejected by the State Government or the University, the grounds of such rejection shall be stated.
(16) Any application made under sub-
section (1) may be withdrawn by the applicant at any time before an order is made under sub- section (12).
(17) Renewal of affiliation or continuation of affiliation for each academic year for the existing courses of study and extension of affiliation for follow-on courses, excluding new courses, may be granted by the Syndicate in W.P.No.14877/2020 19 consultation with the Academic Council in the same manner as applicable for grant of fresh affiliation.
(18) The intake in respect of each of the courses of study shall be determined on an yearly basis by the University well before the commencement of each academic year in the order granting affiliation or continuation of affiliation, as the case may be:
Provided that in case of professional courses like Law, Engineering, Architecture and Management including Post-Graduate Programmes in the affiliated colleges the intake shall be fixed by the State Government."
10. Section 59 of the Act of 2000 enumerates that college within the University shall satisfy the conditions specified for affiliation of the University.
The Registrar shall invite applications of new colleges, etc., in two leading newspaper. A college shall send an application to the Registrar within time containing particulars and it should be supported by an W.P.No.14877/2020 20 undertaking that after the college is affiliated, there shall not be any transfer of management or change of name without prior approval of the State Government & University. The applications will be placed before the Syndicate for consideration. The Syndicate direct a local inquiry to be made by a Local Inquiry Committee. The Local Inquiry Committee shall submit a report to the Academic Council. The Academic Council shall transmit the report to the Syndicate. The Syndicate shall consider the same and record its opinion on the question whether the request shall be granted either in whole or in part or to be rejected. The Registrar shall submit the application and its enclosures, the report of the Local Inquiry Committee, the Academic Council and the Syndicate to the State Government for taking a decision. The State Government shall consider such applications in the light of recommendations of the Local Inquiry W.P.No.14877/2020 21 Committee, the Academic Council and the Syndicate, after such enquiry, make their recommendation to the University to affiliate or reject affiliation of a college as the case may be. The State Government may affiliate with specified intake with or without specific conditions.
11. Section 63 of the Act of 2000 provides for withdrawal of affiliation, which reads as under:
"63. Withdrawal of affiliation.- (1) The rights conferred on a college by affiliation, either temporary or permanent, may be withdrawn in whole or in part or modified, if the college has failed to comply with any of the provisions of this Act or the college has failed to comply with any of the conditions of the affiliation or the college conducted in a manner prejudicial to the interest of the education.
(2) A motion for the withdrawl or the modification of such rights shall be initiated only in the Syndicate. Any member of the Syndicate, including ex-officio member who intends to W.P.No.14877/2020 22 move such a motion shall give a notice of it in writing setting out the grounds on which such a motion is made.
(3) Before taking the said motion into consideration, the Syndicate shall send a copy of the said notice to the principal of the college concerned specifically intimating that any representation in writing on the motion shall be submitted by the college within a period to be specified in such intimation and the same will be considered by the Syndicate.
(4) The period so specified in sub-section (3) may if so expedient be extended by the Syndicate upto a reasonable time.
(5) On receipt of the representation or on the expiry of the period referred to in the preceding sub-sections, the Syndicate shall, after considering the notice of motion, the grounds set out therein and the representation received thereon and after such inspection by a Committee constituted and authorised by it in this behalf and after such further enquiry as may appear to it to be necessary pass a W.P.No.14877/2020 23 resolution regarding the reasons therefor and shall transmit it to the Academic Council.
(6) On receipt of the report under sub-
section (5), the Academic Council shall, after such further enquiry, if any, as may appear to it to be necessary, record its opinion and refer back to the Syndicate.
(7) The Syndicate after considering the resolution of the Academic Council, shall pass a final resolution recommending the withdrawal of affiliation. Such a resolution shall not be deemed to have been passed by the Syndicate unless it has obtained the support of two thirds of the members present at a meeting.
(8) The Registrar shall submit the proposal with all the documents including the notice of motion, the reply of the college, resolutions of the Syndicate and the Academic Council to the State Government for taking decision.
(9) The State Government after such further enquiry, as may appear to it to be necessary may direct the University to withdraw the affiliation in whole or in part or as modified W.P.No.14877/2020 24 and as applicable from a particular academic year or to reject the proposal.
(10) The University shall on receipt of such direction pass formal order in accordance with such direction.
(11) The students of a college, the affiliation of which has been withdrawn in whole or in part shall be accommodated in the nearby colleges by the University by increasing the intake in respect of particular course of study to the extent of such students to be accommodated. All the documents in respect of such students shall be transferred from the college in respect of which the affiliation has been withdrawn to the college to which they are transferred by the University."
12. Sub-section (2) of Section 63 of the Act of 2000 contemplates that a motion for the withdrawal shall be initiated by the Syndicate. Sub-section (3) contemplate that before taking the said motion into consideration, the Syndicate shall send a copy of the said notice to the Principal of the college. W.P.No.14877/2020 25
13. In the instant case, respondent No.2 has not issued notice in writing to the petitioners under Section 63(2) of the Act of 2000. Without complying Section 63 of the Act of 2000, respondent No.2 proceeded to pass the impugned order. The impugned order passed by respondent No.2 is in violation of Section 63 of the Act of 2000. No opportunity was provided to the petitioners to put forth their case. The impugned order passed by respondent No.2 is in violation of principles of natural justice. Hence on this ground alone itself, the impugned order is liable to be set aside.
14. In view of the above discussion, I proceed to pass the following:
ORDER The writ petition is allowed.W.P.No.14877/2020 26
The communications dated 07.02.2020, 20.07.2020 and 26.08.2020, are hereby quashed.
Liberty is reserved to the respondents to take decision in accordance with law, after providing an opportunity to the petitioners to put forth their case.
SD/-
JUDGE SSB, RD