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CDJ 2026 Kar HC 1000 My Notes print Preview print print
Court : High Court of Karnataka
Case No : Writ Petition No. 25850 Of 2026 (EDN-RES)
Judges: THE HONOURABLE MR. JUSTICE JAYANT BANERJI & THE HONOURABLE MS. JUSTICE TARA VITASTA GANJU
Parties : Vidyavardhaka College Of Engineering, Rep. By Its Principal, Dr. B.Sadashive Gowda, Mysuru Versus The State Of Karnataka, by Its Chief Secretary, Bengaluru & Others
Appearing Advocates : For the Petitioner: Vikram Huilgol, Senior Counsel, S.B. Mathapati, Advocate. For the Respondents: R1 to R3, R.K. Prathiba, AGA, R4, Abhishek Kumar, R5, H.R. Showri, Advocates.
Date of Judgment : 19-08-2026
Head Note :-
Constitution of India - Articles 226 & 227 -

Comparative Citation:
2026 KHC 44502,

Judgment :-

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to a) issue a writ of certiorari or a writ in the Nature of Certiorari, or any other appropriate writ, order or Direction, quashing and setting aside the Government Order Bearing No.Ed 42 Tec 2026 dated 02/05/2026 issued by Respondent No.2, insofar as the same has been applied, whether directly or through the no objection certificate at Annexure-T and the Notification at Annexure-V, to curtail the Aicte-Sanctioned intake of the petitioner college and etc.)

Oral Order

Jayant Banerji, J.

1. The petitioner seeks to assail the Government Order dated 02.05.2026, issued by the respondent No.2, insofar as it seeks to curtail or deny effect to the intake of 360 seats, sanctioned to the Petitioner College's Computer Science and Engineering Programme by respondent No.5, AICTE.

2. The learned counsel for the petitioner has referred to a representation dated 29.06.2026, which is enclosed as Annexure-V to the writ petition, to contend that the same may be decided by the respondents.

3. The learned counsel has also referred to an order dated 12.08.2026, passed by this Court in Writ Petition No.23085 of 2026 c/w. Writ Petition No.22339 of 2026, by which this Court directed the Principal Secretary to take a decision on the representations, in accordance with law.

4. We have perused the order dated 12.08.2026 passed by this Court. It reads as follows:

          "ORAL ORDER

          A common affidavit in WP.No.23085/2026 (EDN- RES) and WP.No.24949/2026 (EDN-RES), WP.No.22339/2026 (EDN-RES), WP.No.24365/2026 (EDN-RES), has been filed today in Court by the learned Additional Government Advocate, which is taken on record. It also reflects that various representations have been filed by the petitioners in the aforementioned writ petitions. In paragraph No.2 of this common affidavit, it is stated as follows:

          "2. I state that in view of the representations dated 03.06.2026 with regard to petitioner in W.P.No.24365/2026, 03.06.2026 with regard to petitioner in W.P.No.24949/2026, 08.06.2026 with regard to petitioner in W.P.No.22339/2026, 01.07.2026 with regard to petitioner in W.P.No.23085/2026, to include the seats as per the AICTE approval process for the academic year 2026- 27, it is respectfully submitted that their representations shall be reconsidered in accordance with law. The copies of the above representations are produced herewith and marked as DOCUMENT NO.1 TO 4."

          2. Learned Additional Government Advocate, appearing for the respondents states that a decision would be taken on or before 17.08.2026, in case this Court so directs.

          3. We have perused the affidavit. It is sworned by Thulasi Maddineni, IAS, presently serving as Secretary, Higher Education Department, M.S.Building, Dr.B.R.Ambedkar Veedi, Bengaluru.

          4. The representations are enclosed as Document Nos.1 to 4. They are addressed respectively to:

          i. The Principal Secretary, Department of Higher Education,

          ii. The Additional Chief Secretary to the Government, Department of Higher Education (Technical),

          iii. The Principal Secretary Department of Higher Education

          iv. The Under Secretary, Department of Higher Education, (Technical Education).

          5. Learned Additional Government Advocate, states that the Competent Authority would take a decision in the matter.

          6. We therefore, direct the Principal Secretary or the person holding equivalent rank (respondent No.2), in the Government of Karnataka, Department of Higher Education (Technical Education Section), to take a decision on the aforesaid representations marked as Document Nos.1 to 4 in the common affidavit filed today, in accordance with law, no later than 17.08.2026.

          These writ petitions are disposed of accordingly."

5. In view of the aforesaid, prima facie, we do not see any reason why the petitioner herein should be treated any different from the other petitioners in Writ Petition No.23085 of 2026 and other petitions.

6. The instant petition therefore, is disposed of directing the Principal Secretary, or the Officer holding equivalent rank (respondent No. 2), in the Government of Karnataka, Department of Higher Education (Technical Education Section) to take a decision on the aforesaid representation dated 29.06.2026, expeditiously and preferably before 24.08.2026.

7. Learned AGA is directed to communicate the order forthwith, to the Principal Secretary or the person holding equivalent rank as aforesaid. This petition is accordingly disposed of.

 
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