High CourtsDivision Bench(2014) 01 KAR CK 0129

Karnataka Private Medical and Dental Colleges'' Association vs Rajiv Gandhi University of Health Sciences

Karnataka High Court · Decided on 7 January 2014 · Citation: (2014) 5 KarLJ 113

HON’BLE JUDGES
S. Abdul Nazeer, J · H.S. Kempanna, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition Nos. 48102 and 48103 of 2012 (S-KAT)

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Judgment

2 paragraphs · 211 words

S. Abdul Nazeer, J.—In these cases the petitioners have called in question the validity of Ordinance dated 17-5-2012 at Annexure-A, which has been issued by the 1st respondent for the purpose of ensuring fair, transparent entrance test and merit based admission conducted by the agencies of Private Health Science Institutions affiliated to it. Learned Counsel for respondent 1 submits that overseeing Committee has already been constituted by the State Government appointing Hon''ble Justice V. Jagannathan, a retired Judge of this Court for similar purpose u/s 5 of the Karnataka Professional Educational Institutions (Regulation of Admission and Fixation of Fee) (Special Provisions) Act, 2006. In view of the subsequent development as above, learned Counsel submits that respondent 1 will not enforce the ordinance at Annexure-A for the present. However, he seeks liberty to issue fresh ordinance in accordance with law, if need be.

2.

The submission of the learned Counsel for respondent 1 is placed on record. The 1st respondent is restrained from enforcing the ordinance in question since the State Government has constituted a Overseeing Committee for the similar purpose. Liberty is reserved to the 1st respondent to issue fresh Ordinance at an appropriate time, if need be, in accordance with law. The writ petitions are disposed of accordingly. No costs.