Case Note & Summary
The petitioner, Vijaya Education Trust, had been running a Pre-University College at Vijayapura Town, Devanahalli Taluk, Bengaluru Rural District, since the academic year 2004-2005 pursuant to permission granted by the Director of Pre-University Education. The 4th respondent, Jnanaganga Education and Rural Development Trust, was granted similar permission by the State Government vide order dated 31.05.2016 to run a First Year Pre-University College from the academic year 2016-17 at the same town. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash the permission granted to the 4th respondent, primarily on two grounds: first, that the permission was granted without giving any opportunity of hearing to the petitioner, violating principles of natural justice; and second, that the permission violated the State Government's policy of not granting permission to run a college within a radius of 5 kms of an existing college. The respondents argued that the petitioner had no right to be heard as the permission was not a quasi-judicial order, and that the policy was not a statutory rule and the Government had discretion to grant permission in exceptional circumstances. The Court, after hearing the parties, held that the petitioner had no right to be heard as the permission did not affect any vested right of the petitioner, and the policy did not mandate such hearing. The Court also found that the petitioner failed to prove that the distance condition was violated, and that the Government had discretion to grant permission in exceptional circumstances. Consequently, the Court dismissed the writ petition, finding no merit in the petitioner's contentions.
Headnote
A) Administrative Law - Natural Justice - Opportunity of Hearing - The petitioner sought quashing of permission granted to the 4th respondent-Trust to run a Pre-University College, alleging that no opportunity of hearing was given before granting the permission. The Court held that the petitioner had no right to be heard as the permission was not a quasi-judicial order affecting any vested right of the petitioner, and the policy did not mandate such hearing. (Paras 3-4)
B) Education Law - Pre-University Education - Permission to Run College - The petitioner challenged the permission on the ground that it violated the State Government's policy of not granting permission within a radius of 5 kms of an existing college. The Court held that the policy was not a statutory rule and the Government had discretion to grant permission in exceptional circumstances; the petitioner failed to prove that the distance condition was violated. (Paras 5-6)
C) Constitutional Law - Writ Jurisdiction - Article 226 - The Court dismissed the petition as the petitioner failed to establish any legal right or violation of any statutory provision, and the impugned order was found to be in accordance with the policy. (Para 7)
Issue of Consideration
Whether the impugned permission granted to the 4th respondent-Trust to run a First Year Pre-University College from the academic year 2016-17 at Vijayapura Town, Devanahalli Taluk, Bengaluru Rural District, is liable to be quashed on the grounds of violation of principles of natural justice and non-compliance with the policy of the State Government.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Natural justice
- opportunity of hearing
- educational policy
- pre-university education
- permission to run college
- territorial jurisdiction
Case Details
2018 LawText (KAR) (10) 19
Writ Petition No.33929/2016 (EDN)
Sri. A Madhusudhana Rao (for petitioner), Smt. Pramodhini Kishan (AGA for R1-3), Sri. J R Jagadish (for R4)
Vijaya Education Trust (R)
The State of Karnataka, The Director, Pre University Board, Deputy Director, Pre University Department, Bengaluru Rural District, Jnanaganga Education and Rural Development Trust (R)
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the permission granted to the 4th respondent to run a Pre-University College.
Remedy Sought
Quashing of the impugned permission dated 31.05.2016 passed by the 1st respondent for running First Year Pre University College from the academic year 2016-17 at Vijayapura Town, Devanahalli Taluk, Bengaluru Rural District.
Filing Reason
The petitioner alleged that the permission was granted without giving an opportunity of hearing and in violation of the State Government's policy of not granting permission within a radius of 5 kms of an existing college.
Issues
Whether the impugned permission granted to the 4th respondent-Trust is liable to be quashed on the ground of violation of principles of natural justice?
Whether the impugned permission violates the policy of the State Government regarding distance between colleges?
Submissions/Arguments
Petitioner argued that no opportunity of hearing was given before granting permission to the 4th respondent, violating principles of natural justice.
Petitioner argued that the permission violated the State Government's policy of not granting permission within a radius of 5 kms of an existing college.
Respondents argued that the petitioner had no right to be heard as the permission was not a quasi-judicial order and the policy was not a statutory rule; the Government had discretion to grant permission in exceptional circumstances.
Ratio Decidendi
The petitioner had no right to be heard before granting permission to the 4th respondent to run a Pre-University College, as the permission was not a quasi-judicial order affecting any vested right of the petitioner, and the policy did not mandate such hearing. The policy of 5 km distance was not a statutory rule and the Government had discretion to grant permission in exceptional circumstances; the petitioner failed to prove violation of the distance condition.
Judgment Excerpts
Petitioner –Trust has been running a Pre-University College at Vijaypura, Devanahalli Taluk, Bengaluru Urban District, since the academic year 2004-2005 pursuant to the sanction/permission granted by the 2nd respondent-Director of Department of Pre-University Education vide Memorandum dated 15.09.2005 at Annexure-A to the Writ Petition.
The 4th respondent-Trust has been granted similar sanction/permission by the 1st respondent-Government vide Order No.ED-108 SHH 2016 Bengaluru dated 31.05.2016 at Annexure-D to the Writ Petition.
The petitioner has no right to be heard before the grant of permission to the 4th respondent-Trust, as the permission is not a quasi-judicial order affecting any vested right of the petitioner.
The policy of the State Government regarding distance between colleges is not a statutory rule and the Government has discretion to grant permission in exceptional circumstances.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India on 31.05.2016 challenging the permission granted to the 4th respondent. The petition came up for preliminary hearing before the High Court of Karnataka, Bengaluru, and was dismissed on 30.10.2018.
Acts & Sections
- Constitution of India: Article 226, Article 227
