Karnataka High Court
Sri Chowdeshwari D.Ed College vs State Of Karnataka on 12 April, 2018
Author: A.S.Bopanna
Bench: A.S. Bopanna
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF APRIL, 2018
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA
WRIT PETITION NO.29620/2017
&
WRIT PETITION Nos.50103-50147/2017 (EDN-RES)
BETWEEN:
SRI CHOWDESHWARI D.ED COLLEGE
BATRAHALLI, KOLAR
KOLAR DISTRICT
REPRESENTED BY ITS PRINCIPAL
SRI A.R. CHANDRAKANTH,
AGED ABOUT 34 YEARS,
OORGAUM POST
KOLAR GOLD FIELD,
BANGARPET TALUK,
PIN. 563120. ...PETITIONER
(BY SRI S. SARAVANA, ADV. FOR
SRI D.R. RAVISHANKAR, ADV.)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION,
VIKASA SOUDHA,
REPRESENTED BY
PRINCIPAL SECRETARY,
BENGALURU-560 001.
2. DIRECTOR OF STATE EDUCATIONAL
AND RESEARCH AND TRAINING,
100 FEET ROAD, BSK II STAGE,
BENGALURU-560 041.
REPRESENTED BY ITS DIRECTORS.
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3. DIRECTOR (OTHER EXAMINATIONS)
KARNATAKA SECONDARY EDUCATION
AND EXAMINATION BOARD,
MALLESHWARAM
BENGALURU-560 003.
4. DISTRICT INSTITUTE OF
EDUCATIONAL & TRAINING
CHIKKAHALSALA
KOLAR-563 112.
REPT. BY ITS PRINCIPAL.
5. S.K. MADHURI BAI
D/O. S.K. KISHANJEE
AGE: 26 YEARS
6. G. KESHAVALU
S/O. G. RAMAIAH
AGE: 28 YEARS
7. G. LAXMI
D/O. GUVVALA MALAKAPPA
AGE: 27 YEARS
8. SURESH KUMAR
S/O. S. VENKTAIAH
AGE: 20 YEARS
9. PRASHANTH KUMAR
S/O. CHANDRAPPA
AGE: 27 YEARS
10. SHIVA JYOTHI
D/O. SAYANNA
AGE: 29 YEARS
11. Y. RAVI KIRAN
S/O. Y. VENKATAIAH
AGE: 20 YEARS
12. KISHORE KUMAR U.
S/O. RAMULU UNDRAJAVARAPU
AGE: 40 YEARS
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13. MODAKAM POSI RAO
S/O. MODAKAM BOJJI DORA
AGE: 22 YEARS
14. SEETAMAHA LAKSHMI K.
D/O. CHINA BHUMA RAJU
AGE: 32 YEARS
15. NEELA BAI ANGOTH
D/O. HEMLA ANGOTH
AGE: 27 YEARS
16. SREERAMA MURTHY CHODE
S/O. SRIRAMULU
AGE: 30 YEARS
17. CHODE PADMAVATHI
D/O. CHODE SRIRAMULU
AGE: 26 YEARS
18. S. MONSOOR
D/O. S. AMEER JAN
AGE: 26 YEARS
19. KORRA MATHSYA RAJU
S/O. KORRA BHUPANNA
AGE: 26 YEARS
20. PANGI SOMBABU
S/O. PANGI BHAGATH RAO
AGE: 24 YEARS
21. R. BHARAT
S/O. BHANYA
AGE: 27 YEARS
22. NIKKULA VENKATA LAKSHMI
D/O.NIKKULA MAHESWARA RAO
AGE: 23 YEARS
23. R. JETHYANAIK
S/O. R. LACHIRAM
AGE: 28 YEARS
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24. ARLABU KRISHNA MURTHY
S/O. ARLABU RAMA RAO
AGE: 19 YEARS
25. VANUGU AMMAJI
D/O VANUGU SUBA RAO
AGE: 22 YEARS
26. CHIKKUDU RAMA KRISHNA
S/O. CHIKKUDU CHINNAYYA
AGE: 24 YEARS
27. POTHRONGI MATYA LINGAM
S/O. POTHRONGI RAMA MURTHY
AGE: 20 YEARS
28. KODA ROJA RANI
D/O. KODA LAKSHMIMAYYA
AGE: 24 YEARS
29. PATHUNI CHARAN KUMAR
S/O. PATHUNI SURYA RAO
AGE: 18 YEARS
30. PALASI PURNA RAO
S/O. PALASI GANAPATHI
AGE: 18 YEARS
31. SEESA RAMA MURTHY
S/O. SEESA BORLAM
AGE: 28 YEARS
32. KIMUDU CHANDRASEKAR
S/O. KIMUDU LAXMAYYA
AGE: 23 YEARS
33. V. SARITHA
D/O. V. ELIYA
AGE: 26 YEARS
34. RAMATHEERTHAM RAJAMMA
D/O. R. KARRENNA
AGE: 21 YEARS
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35. DURGA RAO DHARMULA
S/O. GAGA RAJU
AGE: 28 YEARS
36. GOLLARI DAMODARAM
S/O. GASI
AGE: 28 YEARS
37. RATHOD RAVINDRA KUMAR
S/. R. GOAL
AGE: 23 YEARS
38. U. KRISHNAIAH
S/O. U. PENTAIAH
AGE: 25 YEARS
39. BURUGU SATHAIAH
S/O. BURUGU MALKAIAH
AGE: 29 YEARS
40. RAMANA REDDY PALLALA
S/O. BALU REDDY
AGE: 33 YEARS
41. V. SUDHA RANI
D/O. V. MALDAKAL
AGE: 19 YEARS
42. BOGADAITH PODLAM
S/O. BOGADAITH SODA
AGE: 21 YEARS
43. RAGAVENDHAR
D/O. DASTAGIRI
AGE: 24 YEARS
44. I. HAREESH KUMAR REDDY
S/O. I. BHAGAVANTH REDDY
AGE: 21 YEARS
45. V. SHOBA
D/O. KISTANNA.V
AGE: 28 YEARS
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46. VENKATESWARA RAO KOVVASU
S/O. CHINA SIRAMAIAH
AGE: 30 YEARS
47. K. RAHUL
S/O. K. BHASKAR
AGE: 23 YEARS
48. AMBICA
D/O. B. HANMANTHA REDDY
AGE: 34 YEARS
49. N. NAGARANI
D/O. N. BICHANNA
AGE: 18 YEARS
RESPONDENTS NO.5 TO 49
ARE STUDENTS OF
CHOWDESHWARI D.ED COLLEGE
50. NATIONAL COUNCIL FOR
TEACHER EDUCATION (NCTE)
OFFICE AT HANS BHAVAN WING-II
BHADUR SHAH ZAFAR MARG
NEW DELHI- 110 002.
REP. BY ITS REGISTRAR. ...RESPONDENTS
(BY SRI A.G. SHIVANNA, ADDL. A.G. A/W.
SRI J.M. UMESH MURTHY, HCGP FOR R-1 TO R-4
SRI BASAVARAJ V. SABARAD, ADV. FOR R-50
NOTICE TO R5-R49 D/W. V/O. DTD.05.01.2018)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ANNEXURE-H IN REFERENCE DATED 01.06.2017
ISSUED BY THE R-4 SO FAR IT PERTAINS TO THE
STUDENTS OF THE PETITIONER COLLEGE ADMITTED FOR
SECOND YEAR D.ED COURSE ADMITTED FOR THE
ACADEMIC YEAR 2015-16.
THESE WRIT PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Though the application seeking direction is listed for consideration, keeping in view the subsequent development, the petitions are taken up for consideration and disposed of by this order.
2. Though the nature of the prayer made in these petitions is to assail the endorsement, the ultimate consideration is as to whether the students, who had appeared through petitioner-Institution for the D.Ed Course in the academic year 2015-16 are to be provided the benefit of external examination/internship which had been held in the institution outside the State other than the institutions authorized by the respondents herein.
3. This Court, at first instance, on taking note of the contentions as put forth had through the interim order permitted the students enrolled through the petitioner-Institution to seek for submission and assessment of the internal assessment marks secured by the students within a time frame as indicated therein 8 and directed the respondents to declare the results of the students, so as to enable the students to take steps to appear for the supplementary examination.
4. The said process has been completed and in that light, keeping in view the circumstance under which the petitioner-Institution had secured the internship/internal assessment from the institution being run in Andhra Pradesh, a consideration is required to be made as to whether the benefit of the same is to be extended to the students concerned, at least as a one time measure.
5. The affidavit on behalf of the respondents No.1 to 4 is filed before this court on 14.03.2018. Through the affidavit, the respondents have indicated that a consideration could be made as a one time measure subject to the following:
"(i) Whether allotted school to the students are recognized by the Government of Andhra Pradesh 9
(ii) Whether allotted schools are eligible for conducting Practice Training and Internship activities.
(iii) To furnish the D.Ed College name along with list of students of that college, who have been allotted to the particular school for practice of training and internship activities.
(iv) To furnish the scheduled time period undertaken by the respective students for Practice of Teacher and Internship activities in the said eligible school".
6. The conditions as imposed would indicate that the same is only to ensure that the internship/internal assessment though made by the institution other than the approved institution, yet the respondents are required to ensure that the said institutions are recognized in the state of Andhra Pradesh and as to whether they are authorized for the purpose of internship activity. The said conditions imposed are reasonable and in that view, having accepted the same, the benefit of the internship already 10 undergone by the students through the petitioner- Institution is to be regularized in such fashion.
7. Hence, irrespective of the nature of the endorsement issued to the petitioner herein, the respondents are to be directed to secure such confirmation from institutions, wherein the students have undergone the internship activity and on being satisfied with the conditions as indicated above, shall recognize such marks assigned in the internship activity and on taking note of the same, a complete consideration be made and such of those, who have successfully completed the course shall be issued the necessary certificates and other testimonials in that regard. If any of the students are to appear for any future examinations, the same shall also be permitted.
8. Keeping in view the schedule of the future examinations to be conducted, the respondents shall declare the results and permit the students to appear for the ensuing examinations and thereafter the entire process shall be completed.
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9. To enable the respondents to complete the process expeditiously, the petitioner-Institution shall forthwith produce all details to the Competent Authority, so as to enable to take a decision in the matter. Needless to mention, since the consideration is made as a one time measure, the petitioner-Institution shall in future adhere to the guidelines issued by the respondents in respect of the diploma course.
These petitions stands disposed of accordingly.
Sd/-
JUDGE ST