The High Court of Karnataka has directed that the process of consideration of applications for affiliation/recognition of courses or educational institutions by various authorities of the State Government should take place with clockwork precision and final decision should be issued before commencement of that academic year.
Taking note of the fact that a large number of litigations are arising from the delay in consideration of such applications filed by educational institutions, the court said that “the authorities involved in the process of deciding whether affiliation is required to be granted or not should do so within a reasonable time.”
Justice P. Krishna Bhat issued the direction while disposing of a petition filed by Shanthi Dhama College of Physiotherapy, Bengaluru, complaining about non-consideration of its repeated applications, to increase intake to 40 from the present 20 for Bachelor of Physiotherapy courses, the Rajiv Gandhi University of Health Sciences and the State Government.
“The applications seeking affiliation/recognition etc. are made for specified academic year and once such applications are made, the process of consideration by various authorities should take place with clockwork precision and final order granting or refusal of affiliation should be issued well before the commencement of that academic year,” the court made it clear.
Pointing out that the filing of application seeking affiliation entails payment of considerably high fees, the court said that “if decisions on such applications are not taken within a time frame, they become irrelevant or infructuous due to efflux of time and thereby applicants suffer irreparable hardship.”
“Needless to say, it is incumbent upon the Government to recommend to grant or refuse affiliation for reasons recorded in writing,“ the court observed.
