BENGALURU: It is now mandatory for all pre-university colleges in the state to have a minimum area of 25,000sqft. Upholding this rule, the Karnataka High Court said that it will apply to all pre-university colleges irrespective of the number of sections or classrooms.On Thursday, a division bench of Chief Justice Abhay Shreeniwas Oka and Justice S R Krishna Kumar dismissed a writ appeal filed by Chetana Education Trust from Davangere against the rule which was framed for planned development of educational institutions.
The trust filed this appeal against the order dated July 7, 2015, passed by the single judge upholding the mandatory Rule 4(2)(A) of the Karnataka Pre-University Education (Academic, Registration, Administration and Grant-in-Aid, Etc) Rules 2006.
According to the order issued by the Director of Pre-University Education, the extent of land stated to be with the 13 colleges run by the trust ranged from 2,700 sqft to 8,000 sqft, which is far below the prescribed minimum of 25,000 sqft. Therefore, the notice was issued to the trust.
The trust contended that the rule was illegal as the prescription of minimum requirement of 25,000 sqft of land is not found in the Karnataka Education Act. The trust also contended that no inquiry was held and nor was any notice given before taking action against the trust by the Director of Pre-University Education in June and July 2015. Rule 4(2)(a) does not apply to PU colleges having less than six sections in view of Rule 4(3), it claimed.
Turning down the contentions of the trust, the division bench said that the appellant was unable to explain how the rule is unscientific and arbitrary or unreasonable. Rule 4(2)(a) is in consonance with the object of the Karnataka Education Act, which is to provide for planned development of educational institutions. The bench made it clear that the rule is a self-contained code, which takes into account all contingencies. It is legal, constitutional, valid, proper and that the same is neither unconstitutional nor ultra vires to Karnataka Education Act.