Authority: High Court of Karnataka at Bengaluru
Order Date: 12 June 2026
Case Overview
- Petitioners: Karnataka Veterinary Association, Bangalore Veterinary College Alumni Association, Senior Veterinarians' Association, Dairy Science College Alumni Association (collectively “the petitioners”).
- Respondents: State of Karnataka (Chief Secretary and Principal Secretary, Department of Animal Husbandry and Veterinary Services), Karnataka Veterinary Animal and Fisheries Science University (KVAFSU), Veterinary College, High Court of Karnataka (Registrar General), and others.
- Nature of Proceeding: Public Interest Litigation (Writ Petition No. 6908 of 2026) filed under Article 226 challenging Government Order dated 08‑01‑2026 (No. Pa.Sam.Mi 375 Pa.A.Se 2025).
- Government Order: Directed transfer of 4 acres of KVAFSU land at the Veterinary College campus, Hebbal, for construction of residential quarters for High Court judges, and transfer of an additional 3 acres for a Super‑Speciality Hospital for the general public (total 7 acres).
- Petitioners’ Allegations: The land diversion would breach minimum land requirements prescribed by the Veterinary Council of India (VCI), impair undergraduate/post‑graduate programmes, jeopardise research, pose bio‑security risks, and deprive the Dairy Science College of needed space for incubation centres, milk plant, hostels, etc.
- Historical Context: Earlier 2010 circular sought 21 acres 6 guntas for judges’ residences; the proposal was later dropped in favour of land belonging to Karnataka Agro Industries Corporation. The present order is based on Cabinet Decision No. C‑919/2025 dated 06‑11‑2025 and a meeting between the Chief Justice and the Chief Minister on 04‑09‑2025.
- Statutory Framework Cited:
- KVAFSU Act, 2004 – Section 8(1) regarding transfer of assets.
- VCI Minimum Standards of Veterinary Education (Notification 08‑07‑2016) – Minimum 30 acres (25 acres for hilly terrain) and 15 acres for fodder production.
- High Court Judges (Service) Rules, 1956 – Obligation to provide official residences.
- Petitioners’ Submissions: Argued lack of consultation, claimed a minimum of 200 acres required for the university, warned of possible de‑recognition, and highlighted bio‑security concerns.
- Respondents’ Submissions: Asserted petitioners lacked locus standi, the land is in excess of statutory minimums, KVAFSU possesses 317.73 acres (only ~39.5 acres currently utilized), and the transfer does not affect compliance. Emphasised that the land is needed for judges’ proximity to existing quarters and that the decision is a legitimate policy measure.
- Court’s Analysis: Reiterated the basic structure doctrine protecting judicial independence, noted that policy decisions are not ordinarily subject to judicial review unless arbitrary, procedurally improper, perverse, or violative of law. Found no evidence of arbitrariness or statutory breach. Confirmed that KVAFSU’s land holdings far exceed the 150‑acre requirement; the 7‑acre transfer leaves ~278 acres available, well above the minimum.
Final Outcome
- The Court dismissed the writ petition, holding that the land allocation serves a larger public interest (judicial independence and public health) and does not contravene any statutory provision.
- Petition dismissed without costs.
Topics: Land Allocation, Judicial Independence, Veterinary Education