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3. The society states that in the year 1983 it established a veterinary college called 'Bharatiya Veterinary College' and has been running it ever since (as on the date of writ petition) with a, unique mission of transferring veterinary technology to the aspiring motivated and eligible candidates. It asserts as having highly qualified teaching staff and that the students were given both theoretical and practical training in veterinary sciences., It sought recognition from the second respondent University. The University replied that, in the absence of a specific provision in the University of Agricultural Sciences Act. 1963, question of giving affiliation to any private college or recognizing the degree offered by the petitioner-college, was not within the purview of the University. Society also asserts as having sought affiliation from the, Ban galore University; it also addressed a letter to the University Grants Commission, which advised the college to seek affiliation with an Indian University, before the college could be considered for grant of deemed University status under S. 3 of the University Grants Commission Act. This was in May, 1985. The society also refers to a letter dt. 197-1984 addressed by the President of Karnataka Veterinary Council, to the petitioner -college appreciating the efforts of the college to establish veterinary institution; ,the President of the said Council also pointed out that he was not in a position to help the society in the direction of recognizing its institution by the Government. The society avers that, in view of the procedural difficulties experienced by it in getting the affiliation, it -got its college affiliated to and recognized by an America University, called 'New Port University '. It is stated, that the said American ,University had accepted to give degrees conferred by it to the students of the petitioner-college.

9. Students have further asserted that in addition to the tuition fee and cash deposits, each of them had to pay a laboratory fees of Rs. 10,000,1-. By way of voluntary contribution, each one of them paid, it is asserted, a sum of Rs. 21,000/- or Rs. 25,000/as capitation fee. The Karnataka Veterinary Council, having suspected about the society and its college, addressed a letter to the American Veterinary Association, and received a reply dated 7-9-1984. The said reply pointed out that there was no institution called the 'New Port University, California' listed as an accredited American University. The requirement of an appropriate licence from -the Government of the relevant State to practice veterinary medicine was also stated in the said letter. To obtain such a license, in U.S.A. a series of examinations had to be passed. The All India Students Union, issued a publication to notify the public of the Big Racket' engineered by a self-styled Executive Director of New Port University at Ban galore. This publication, issued to alert the Indian public, highlighted the misleading and false statements being made by the said alleged California University. It quoted the information received from the California State - Secondary Education Commission. Government of California, State of U.S.A. -pointing out that the New Port University had been 'unaccredited'. In spite of these. it is seen from Annexure-G, filed by the students. the society advertised again. stating, iliac a few seats were available for August, 1985 Session of B.V.Sc., and A.P.M., five years degree course. To stress its importance, the advertisement stated that "the seats will be allotted on first come first served basis etc .. . It further states that 'the college has been successfully running for the past three years... .

These observations would equally, apply to the education and training of veterinary Doctors and the petitioner society in this case.

49. It is necessary to state some more facts to appreciate the activities of the society. In the year 1983, the society approached the Bangalore University seeking affiliation. which by its letter dt. 26-9-1983 directed the society to approach the University of Agricultural Sciences (the University) in this, regard. The University when approached, replied in June, 1984 and pointed out its inability to grant affiliation to the society. A second representation was made to the University. The University in it reply dated 16-7-1984 referred to the Act and stated that it was not within its purview to grant affiliation to the college run by the society. Thus it was clear to the society even during the years 1983 and 1984, that neither the Bangalore University, nor the University could grant affiliation to the society. The activities of the society were subject of discussion in the State Legislature. The society had filed W. P. No. 16473/1983 in this Court challenging the statement made by the Government that the society's college was not affiliated to the University. The said statement also had warned the public against joining the college, as it was not recognized. The said writ petition was rejected as not maintainable. In spite of these facts, the society held out that it was affiliated to the New Port University, United States of America and continued its operation of admitting students. The society ignored the advice rendered by the University Grants Commission that its college should get affiliation from one of the recognized Indian Universities. The President of the Karnataka Veterinary Council wrote on 19-7-1984 to the President of the said New Port University, seeking information as to whether it had accorded affiliation to the society. The reply received by him was vague. One Paramahamsa, replied stating that "we are enclosing herewith Photostat copy of letter from New Port University ....." The said Photostat copy of the letter states that Paramahamsa was "authorized to operate on behalf of New Port University - USA, official branch offices or facilities in India. Central Administration for New Port University India is authorized at the above located address". Thus, New Port University evaded the issue. Obviously, it was necessary for it to send such an evasive reply, because it had no credentials at all to function as an University under the laws of U.S.A. In Sept., 1984, the American Veterinary Medical Association wrote to the President of Karnataka Veterinary Council, stating that no institution called New Port University, California, was listed as an accredited American University. Said letter points out the requirement of a proper recognition by the Government of the Country in which the college is situated, for its graduates to qualify for practicing veterinary medicine. The letter further points out the procedure in USA and Canada before approving the colleges in other countries, as accredited colleges. The United States Education Foundations in India wrote to the Registrar of University stating that New Port University was an institution which Was not accredited by anybody.

52. The conduct of the society (a term which we have used frequently to include its co-petitioners and other sponsors of the society and the college), is highly reprehensible. On 12-9-1985 this court had stayed operation of S. 6A of the Act, at the instance of the society. But this interim order was vacated on 2-4-1986. By that time students also had filed their writ petitions, explaining the exploitations of the society. Bangalore University had warned the society not to advertise etc., in Newspapers inviting applications for the courses held out by the society. It was admitted before us that the college had stopped functioning after the order of this Court dt. 2-4-1986. In spite of all these happenings, the society stood undaunted. It continued to follow its own path, unmindful of the pitfalls. The students in an I.A. dt. 9-7-1987 filed In W. P. No. 12587/1985, have brought out that the society issued a circular to all the parents/guardians of the students to the effect that the students should clear "all arrears and dues before 20-7-1987 and that classes would commence from August, 1987". They have produced a copy of the Circular as Annexure L. The society also issued an advertisement in the Indian Express, Bangalore, edition, dt. 8-7-1987, inviting applications from the candidates seeking admissions to B.V.Sc. (Bachelor in Veterinary Sciences) Course (extract filed as Annexure M). The counsel for the society admitted before us that the said advertisement was issued by the sponsors of the society. The society had ignored every norms of propriety, by repeating its assertion that it is capable of imparting education, leading to degree course. Instead of mending itself, it is pursuing its scheme to get itself enriched at the cost of innocent public. At every stage of these writ petitions, it held out itself as an affiliate of an American University. It allured the students by offering attractive avenues for jobs and practice in veterinary science, with full knowledge that, its was factually not possible.