Vidyavardhaka College of Engineering v. State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:44502-DB( WP(No.(25850(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010574262026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(19 (DAY(OF(AUGUST,(2026(

PRESENT(

THE(HON'BLE(MR.(JUSTICE(JAYANT(BANERJI(

AND((

THE(HON'BLE(MS.(JUSTICE(TARA(VITASTA(GANJU(

( WRIT(PETITION(NO.(25850(OF(2026((EDN-RES)( ( BETWEEN:((

( , VIDYAVARDHAKA,COLLEGE,OF,ENGINEERING,, RDP.B.NO.206,,GOKULAM,3 ,STAGE,,

MYSURU,-,570,002,,KARNATAKA, REP.,BY,ITS,PRINCIPAL,, DR.,B.SADASHIVE,GOWDA.,

…PETITIONER,

(BY,SRI.VIKRAM,HUILGOL,,SENIOR,COUNSEL,FOR,, ,,,,,,SRI.S.B.MATHAPATI,,ADVOCATE), , AND:( Digitally signedtiby0K0S ( RENUKAMBA

1., THE,STATE,OF,KARNATAKA,, Location: BY,ITS,CHIEF,SECRETARY,,High0Courttiof Karnataka VIDHANA,SOUDHA,, DR.B.R.AMBEDKAR,VEEDHI,, BENGALURU-560,001., ,

2., THE,GOVERNMENT,OF,KARNATAKA,, HIGHER,EDUCATION,DEPARTMENT,, (TECHNICAL,EDUCATION,SECTION),, BY,ITS,PRINCIPAL,SECRETARY,, M.S.BUILDING,,DR.B.R.AMBEDKAR,VEEDHI,, BENGALURU-560,001., , ((((((((((((HC-KAR, NC:(2026:KHC:44502-DB( WP(No.(25850(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010574262026( ( (

3., KARNATAKA,STATE,HIGHER,EDUCATION,COUNCIL,, BY,ITS,EXECUTIVE,DIRECTOR,,, NO.30,,PRASANNA,KUMAR,BLOCK,,, K.G.ROAD,,BENGALURU-560,009., ,

4., VISVESVARAYA,TECHNOLOGICAL,UNIVERSITY,, BY,ITS,REGISTRAR,,"JNANA,SANGAMA", BELAGAVI,-,590,018., ,

5., ALL,INDIA,COUNCIL,FOR, TECHNICAL,EDUCATION,, A,STATUTORY,BODY,CONSTITUTED,, UNDER,THE,ALL,INDIA,COUNCIL,FOR,, TECHNICAL,EDUCATION,ACT,,1987,,, BY,ITS,MEMBER,SECRETARY,, NELSON,MANDELA,MARG,, VASANT,KUNJ,,NEW,DELHI-110,070., …RESPONDENTS, (BY,SMT.PRATHIBA.R.K.,,AGA,FOR,R1,TO,R3;, ,,,,,,SRI.ABHISHEK,KUMAR,,ADVOCATE,FOR,R4;, ,,,,,,SRI.H.R.SHOWRI,,ADVOCATE,FOR,R5),, , , 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., , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,, THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,JAYANT,BANERJI, and,, HON'BLE,MS.,JUSTICE,TARA,VITASTA,GANJU, ,

ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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.

¶2The 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.

¶3The 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.

¶4We 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."

¶2Learned 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.

¶3We 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.

¶4The 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).

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

¶6We 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."

¶5In 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.

¶6The 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.

¶7Learned 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.

Sd/- (JAYANT BANERJI) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

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