AIMAN AHAMED KHAN Vs. STATE OF KRNATAKA

JUDGEMENT

(1.) This batch of writ petitioned are filed by the NITTE Education Trust and another. Yenepoya University (a Deemed University), the student petitioners of both the said Educational Institutions, who are admitted by them on the basis of All India Entrance Examination conducted by it and counselling conducted by them individually, the student petitioners allocated by the State Government under its 25% quota after conducting examination by the Karnataka Examination Authority (hereinafter called as the 'KEA' for short) seeking various reliefs against the Central Government, University Grants Commission (UGC for short). State of Karnataka urging various facts and legal contentions in support of their respective cases, which will be briefly stated in this judgment for the purpose of appreciating the rival legal contentions urged on behalf of the aforesaid parties with a view to answer the contentious points that would arise for our consideration.

(2.) The facts of each one of the petitioner, Deemed Universities and the student petitioners of the colleges of the said universities their student petitioners and the student petitioners of 25% Karnataka State Government quota are chronologically narrated herein for the purpose of appreciation of their legal contentions urged in these petitions with a view to consider their claim and counter claims and find out as to whether they are entitled for the reliefs as prayed by each one of them.

(3.) It is the case of NITTE Education Trust that it is a Trust running its Educational Institutions such as Medical, Dental, Nursing, Engineering, Pharmacy and Management in both Under Graduate and Post Graduate course. It has filed an application on 23-2-2007 to the Central Government under the University Grants Commission Act, 1956 for sanction of status of Deemed University in respect of A. B. Shetty Memorial Institute of Dental Sciences and other NITTE Institutes likes Usha Institute of Nursing Sciences, NITTE Gulabi Shetty Memorial Institute of Pharmaceutical Sciences. NITTE Institute of Physiotherapy which are being run by the aforesaid trust for grant of status of the Deemed University under UGC Act. The Central Government granted Deemed University status to it under Section 3 of the UGC Act with certain terms and conditions after getting "No Objection Certificate" from the Karnataka State Government as required under guideline No. 17 of the guidelines issued by the UGC for the purpose of processing applications of Educational Institutions by the UGC and forward the same along with its opinion to the Central Government for the purpose of exercising its power under Section 3 of the UGC Act for conferment of the status of Deemed University.