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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

(Original Jurisdiction)

Writ Petition No. 12545 / 2023

BETWEEN
Dr. Sakey Shamu ...Petitioner
AND
State of Karnataka & Ors …Respondents

APPLICATION UNDER SECTION 151 OF CODE OF CIVIL


PROCEDURE TO IMPLEAD ADDITIONAL RESPONDENTS

For the reasons stated in the accompanying affidavit this Hon’ble

Court may permit the Petitioner to implead additional Respondents for

proper and necessary adjudication of the case at hand in the interest

of justice and equity.

PROPOSED RESPONDENT NO.8 AND 9

8. BMS University
Represented by its Vice Chancellor
Under BMS Educational Trust,
PB No. 1908, Bull Temple Road,
Bengaluru-560019.

9. BMS University
Represented by its Registrar
Under BMS Educational Trust,
PB No. 1908, Bull Temple Road,
Bengaluru-560019

Date: 21.08.2023

Place: Bengaluru Advocate for Petitioner


IN THE HIGH COURT OF KARNATAKA AT BENGALURU
(Original Jurisdiction)

Writ Petition No. 12545 / 2023

BETWEEN
Dr. Sakey Shamu ...Petitioner
AND
State of Karnataka & Ors …Respondents

AFFIDAVIT

I, Dr. Sakey Shamu, S/o Chinnaiah, aged about 59 years, Working

as Professor, in Civil Engineering Dept. O/o BMS College of

Engineering, PB No. 1908, Bull Temple Road, Bengaluru-560019.

R/a No. 58, (New No. 102) Puttanna Road, Basavanagudi,

Bengaluru-560004. Today at Bangalore, do here by solemnly state

on oath as follows;

1. I am the Petitioner in the above Petition. I know the facts

and circumstances of the case. Hence, I am swearing to this

affidavit.

2. The petitioner in the above case humbly submits that the

BMS College of Engineering was run by the Trust thereafter by

Act of State legislature it has been constituted as a private

university by act passed by the state legislature. The BMS

College is now called as BMS University by virtue of Act 15 of

2023 notified on 16.03.2023 a copy of which is produced

herewith and marked as ANNEXURE-P. Since the college has

been now established as private university, are now governed

by UGC Regulations which are applicable to the private

university and the same is now regulated by the regulatory

bodies like UGC, AICTE.


3. I further submit that, at the time of filing the instant

Petition the notification was not within the knowledge of the

Petitioner. Therefore, the Respondent may be treated as BMS

University of 2023 is now governed by the UGC regulations and

AICTE regulations. Therefore, the Petitioner may be permitted

to implead BMS University as Respondent No. 8 and 9

represented by Vice chancellor and Registrar and the same is

at Under BMS Educational Trust, PB No. 1908, Bull Temple

Road, Bengaluru-560019. If the above university may be

impleaded as party Respondent in the above case, a copy of

the UGC regulations and AICTE Regulations is already placed

on record.

Wherefore, Petitioner may be permitted to implead as BMS University

as Respondent No. 8 and 9 and the present application may be allowed

in the interest of justice and equity.

DEPONENT
Solemnly sworn to
before me by the said
Dr. Sakey Shamu, on
this, the ___ day of
________ 2023, at
Bangalore.
NOTARY
IDENTIFIED BY ME:

ADVOCATE

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