Karnataka High Court
Shivayogi S/O Chandramma Doddamani vs The State Of Karnataka & Ors on 7 January, 2014
Author: Mohan M Shantanagoudar
Bench: Mohan .M. Shantanagoudar
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IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
TH
DATED THIS THE 7 DAY OF JANUARY, 2014
BEFORE
THE HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR
WRIT PETITION NO.101973/2013 (EDN-EX)
BETWEEN:
Shivayogi
S/o Chandramma Doddamani
Age: 32 years, Occ: Nil
R/o Post: Wadnalli
Tq. & Dist. Yadgiri
..PETITIONER
(By Sri A.M.Nagral, Advocate)
AND:
1. The State of Karnataka
Represented by
The Principal Secretary
Department of Education
M.S.Building
Bangalore - 560 002
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2. The Chancellor
Raj Bhavan Road
Bangalore - 560 001
Represented by
Under Secretary to
Governor
3. The Registrar
Gulbarga University
Gulbarga - 585 101
4. Sanganbasappa S/o Kalappa
Age: 31 years, Occ: Working
as P.E. Teacher, Govt. High
School, Yelheri
Tq. & Dist. Yadgir
R/o Vishwaganga Saw Mill
Hattikuni Road
Yadgir - 586 101
..Respondents
(By Sri Shivakumar R. Tengli, AGA for R1;
Notice to R2 dispensed with v/o dated 15.07.2013;
Sri Deepak V. Barad, Advocate for
Sri Veeresh B. Patil, Advocate for R3;
Sri Chaitanyakumar C.M., Advocate for R4)
This WP is filed under Articles 226 and 227 of the
Constitution of India praying to issue a writ in the nature
of certiorari or any other appropriate writ or direction,
quashing the impugned order under Annexure-G dated
21.04.2012 in No.GS06 GLM 2011 passed by the 2nd
respondent.
This WP coming on for Preliminary Hearing in 'B'
Group this day, the Court made the following:-
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ORDER
The order at Annexure-G, dated 21.4.2012 passed by the second respondent is called in question in this writ petition. By the said order, the Chancellor of Gulbarga University has confirmed the resolution of the Syndicate, dated 21.5.2011 deciding to withdraw LLB Degree awarded to Sanganbasappa-4th respondent herein and allowing him to retain B.P.Ed. Degree.
2. The petitioner as well as the 4th respondent applied for the post of Physical Education Teacher. The 4th respondent was appointed as a Teacher, whereas the petitioner was not appointed. Petitioner questioned appointment of the 4th respondent before the Karnataka Administrative Tribunal in Application No.4025/2010, which came to be dismissed on 6.2.2012. In the meanwhile, the petitioner -4- complained to the Gulbarga University alleging that the 4th respondent obtained two Degrees, i.e., LLB Degree and B.P.Ed. Degree simultaneously in violation of University Rules and Regulations. According to the petitioner, the 4th respondent could not have obtained two Degrees at the same time. The matter was placed before the Syndicate of the University to take appropriate action in the matter of the 4th respondent. The Syndicate by its resolution dated 21.5.2011 decided to withdraw LLB Degree of the 4th respondent and allowed him to retain B.P.Ed. Degree, inasmuch as by that time, the 4th respondent was appointed as Physical Education Teacher based on B.P.Ed. Degree Certificate. The petitioner being not satisfied with the action of the Syndicate, approached the State Government praying for cancellation of both Degrees of the 4th respondent. The State Government annulled the order of Syndicate of the University and -5- directed the University to cancel both Degrees of the 4th respondent. Consequent upon the order of the State Government, dated 9.8.2011, Gulbarga University cancelled both the Degrees awarded to the 4th respondent vide order dated 20.8.2011. Aggrieved by the said order, the 4th respondent approached this Court in WP.Nos.83298 & 83323/2011. This Court allowed the said writ petitions and set aside the order passed by the State Government as well as the University and directed the Chancellor to decide the appeal after hearing the petitioner and respondent No.4. Thereafter the Chancellor heard the appeal and passed the impugned order confirming the resolution passed by the Syndicate, dated 21.5.2011.
3. This Court does not find any ground to interfere with the impugned order passed by the Chancellor of the Gulbarga University, inasmuch as he is justified in confirming the resolution passed by the -6- Syndicate in withdrawing only LLB Degree of the 4th respondent. Since the 4th respondent is already working as a Teacher in Government High School Yehleri, Yadgir Taluk and District for the past two years based on B.P.Ed. Degree certificate, the Chancellor thought it fit to withdraw LLB Degree only. These matters are essentially decided on social conditions and equity. Since the 4th respondent cannot obtain LLB Degree simultaneously with B.P.Ed. Degree, the order passed by the Chancellor as well as the Syndicate are justified in cancelling the LLB Degree of the 4th respondent.
Hence, no interference is called for. Accordingly, writ petition is dismissed.
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JUDGE *ck/-