Karnataka High Court
Smt. Rita Kumari Rana vs The Karnataka State Open University on 17 October, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:41998
WP No. 26303 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 26303 OF 2025 (EDN-RES)
BETWEEN:
SMT. RITA KUMARI RANA
AGED ABOUT 45 YEARS,
W/O, RAKESH RANA,
R/O, SAKRAH VILLAGE,
CHAMBI POST, TEHSIL SUNDER NAGAR,
MANDI DISTRICT,
HIMACHAL PRADESH - 175 018
ALSO R/AT
NO, 6, T.S LANE,
COTTONPET CROSS, AKKIPET,
BANGALORE - 560 053
...PETITIONER
(BY SRI. S. NARENDRA, ADVOCATE)
AND:
1. THE KARNATAKA STATE OPEN UNIVERSITY,
MUTHAGANGOTHRI,
MYSORE - 570 006
Digitally REP. BY ITS REGISTRAR
signed by
CHANDANA 2. KARNATAKA STATE OPEN UNIVERSITY
BM REP. BY ITS DEPUTY REGISTRAR (EVALUATION)
Location: MUTHAGANGOTHRI,
High Court MYSORE - 570 006
of Karnataka 3. UNIVERSITY GRANTS COMMISSION
REP. BY ITS SECRETARY
O/AT BAHADUR SHAH ZAFAR MARG,
NEW DELHI - 110 002
ALSO HAVING ITS OFFICE AT
SOUTH WESTERN REGIONAL OFFICE (BANGALORE)
P.K. BLOCK, PALACE ROAD,
GANDHINAGAR
BANGALORE - 560 009.
...RESPONDENTS
(BY SRI. T. P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R1 & R2;
SRI. H.R. SHOWRI, ADVOCATE FOR R3)
-2-
NC: 2025:KHC:41998
WP No. 26303 of 2025
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT
NO.1 AND 2 TO CONSIDER THE REPRESENTATION AS PER ANNEXURE-P
AND Q AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
"a) Issue writ of mandamus, directing the respondents 1 and 2 to consider the representation as per Annexure 'P' and 'Q'.
b) Issued Writ of Mandamus directing the respondent University to consider the case of the Petitioner for issuance of Convocation/Degree Certificate based on the Judgment of this Hon'ble Court passed in the case of Snehalatha P. v/s. State (W.P.No.8638/2016) and also in the case of Rakesh Ranjan Sinha V/s State (W.P.No.23197/2023) as per Annexure 'E' and 'N' respectively.
c) Grant such other relief/s as the situation demands by molding prayer with cost in the interest of justice and equity."
2. Heard learned counsel for the petitioner and learned counsel for respondent Nos.1 and 2 and learned counsel for respondent No.3 and perused the material on record.
-3-NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR
3. A perusal of the material on record will indicate that the petitioner joined respondent Nos.1 and 2 - the Karnataka State Open University (KSOU) for the academic years 2011-13 and completed the course in the year 2014 and has been working ever since then. The petitioner submitted several representations including the representations at Annexures-P and Q dated 24.07.2023 and 28.09.2021 to respondent Nos.1 and 2 - KSOU, who did not take any steps pursuant thereto and as such, the petitioner is before this Court by way of the present petition.
4. Learned counsel for the petitioner submits that the petitioner having joined respondent Nos.1 and 2 - KSOU prior to the academic year 2012-13, the petitioner would be entitled to obtain degree certificate / convocation certificate within a stipulated timeframe as held by this Court in the following cases:
(i) Smt. Snehalatha P Vs. State of Karnataka -
W.P.No.8638/2016 dated 03.03.2016.
(ii) Karnataka State Open University Vs. State of Karnataka and others - W.P.No.34255/2016 dated 27.06.2016.
(iii) Sri. Manoj M. Vs. The Deputy Commissioner and another - W.P.No.25361/2017 dated 13.06.2017.
-4-NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR
(iv) Sri. Thirumalesh C.A. Vs. State of Karnataka and others - W.P.No.2795/2022 dated 2.08.2022.
(v) Suhas M. and others Vs. KSOU and another -
W.P.No.24293/2021, 17.08.2022.
(vi) Sri. Raksh Ranjan Sinha Vs. KSOU and others -
W.P.No.23197/2023 dated 20.02.2024.
5. Per contra, learned counsel for the respondent submits that there is no merit in the petition and that the same is liable to be dismissed.
6. As rightly contended by the learned counsel for the petitioner that under identical circumstances in Thirumalesh's case (supra), this Court held as under:
"In this petition, the petitioner has sought for the following reliefs:
a. Issue a writ of certiorari to quash the endorsement No.KSOU:EB/CONV/Collabration/44/2020-21, dated 18.09.2021 (Annexure-B) issued by the Third Respondent as violative of Article 14, 16, 19 and 21 of the Constitution of India.
b. Issue a writ of mandamus directing the Respondent University to consider the case of the Petitioner for issuance of Convocation certificate based on the judgment of this Hon'ble Court Smt. Snehalatha P. Vs. State in W.P.No.8638/2016, DD on 03.03.2016 (Annexure-E) and Manoj Vs. State in W.P.No.25361/2017, DD on 13006.2017 (Annexure-G) and extend the relief of issuance of convocation certificate to the petitioner.
c. Alternatively Issue a writ of mandamus directing the Respondent University to declare that, the Petitioners -5- NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR under graduate degree in the course of B.sc. (Information Technology) for the academic year 2007- 2010 from the Second Respondent University is recognised and valid in terms of the decision of this Hon'ble Court in the case of KSOU Vs. State, in W.P.No.34255/2016, DD on 27.06.2016 (Annexure-F). And, d. Pass any other order or directions as this Hon'ble Court deems fit in the interest of justice and equity."
2. Heard learned counsel for the petitioner, learned AGA for respondent No.1, learned counsel for respondent No.2 and learned counsel for respondent No.3 and perused the material on record.
3. In addition to reiterating the various contentions urged in the Memorandum of Petition and referring to the documents produced by the petitioner, learned counsel for the petitioner invites my attention to the impugned communication at Annexure-B dated 18.09.2021 issued by respondent Nos.2 and 3, Karnataka State Open University (KSOU) to the petitioner informing him that convocation degree certificates in favour of the petitioner cannot be granted in view of the documents referred to at Sl.No.1 to 4 in the reference Column at 1 to 4 of Annexure-B. In this context, it is pointed out that in several judgments passed by this Court including the cases at Annexures-E, F and G, this Court has come to the conclusion that the said public notices are prospective in nature and will not have retrospective effect so as to affect the grant of convocation degree certificates in favour of the students who have taken admission prior to 2013. It is also submitted that undisputedly, the petitioner enrolled in respondent No.2 -
-6-NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR University in the year 2007 and consequently as held by this Court in the aforesaid judgment, the public notices at Annexures-C and D dated 16.06.2015 and 11.12.2015, respectively, referred to in the impugned Communication at Annexure-B will not be applicable to the petitioner and as such, there is no impediment or bar for respondent Nos.2 and 3 to issue convocation degree certificates in favour of the petitioner.
4. So also, inviting my attention to Sl.Nos.3 and 4 at reference column of the impugned communication dated 18.08.2021, learned counsel for the petitioner submits that the said letters also cannot be made the basis to deny convocation degree certificates in favour of the petitioner, particularly when the recognition offered to the courses by the UGC through academic collaborators in open and distance learning (ODL) mode vide Public Notices at Annexures-C and D did not make any distinction between the technical and non-technical courses and as such, the said UGC letter dated 18.08.2021 and the withdrawal notice dated 18.08.2021 referred to in the impugned communication at Annexure-B are also not applicable apart from the same being prospective and not retrospective and will not affect the right of the petitioner to receive convocation degree certificates from respondent Nos.2 and 3.
5. Per contra, learned HCGP and learned counsel for respondent Nos.2 and 3 submits that in view of the aforesaid UGC letter dated 18.08.2021 and KSOU withdrawal notice dated 18.08.2021, the petitioner is not entitled to convocation -7- NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR degree certificates and as such, there is not merit in the petition and that the same is liable to be dismissed.
6. I have given my anxious consideration to the rival submissions and perused the material on record.
7. As rightly contended by the learned counsel for the petitioner while interpreting the effect of the aforesaid public notice at Annexures-C and D dated 16.06.2015 and 11.12.2015, the Co-ordinate Benches of this Court in the following orders held as under:
"In the case of Smt. Snehalatha Vs. State of Karnataka and others (W.P.No.8638/2016 dated 03.03.2016):
Petitioner was enrolled with the 3rd respondent- University for the study of post graduation course i.e., MA in English for the academic year 2012-13. She was awarded the aforesaid post graduate degree during the academic year 2013-14. The petitioner was selected to the post of Assistant Mistress, which is evident from the final selection list at Annexure-J issued by the Deputy Director of Public Instructions, Dakshina Kannada - 5th respondent herein. However, she has not been appointed to the said post on the ground that the degree issued by the 3rd respondent is not valid.
2. Learned counsel for the petitioner has placed reliance on a public notice issued by the UGC-the 2nd respondent herein dated 16.6.2015 (Annexure-'L'), which states that the courses offered by the 3rd respondent beyond the academic session 2012-13 shall not be recognized. This public notice does not bar the University to award degrees to those students, who have joined the course for the academic year 2012-13. The post graduation degree awarded to the petitioner by the 3rd respondent-University cannot be held as invalid on the basis of the public notice at Annexure 'L' dated 16.6.2015.
Therefore, I direct the 5th respondent to consider the candidature of the petitioner for selection to the aforesaid post if she is otherwise eligible.
Writ petition is disposed of accordingly. No costs."
-8-NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR "In the case of Karnataka State Open University Vs. State of Karnataka and others (W.P.No.34255/2016 dated 27.06.2016):
I have heard the learned Counsel for the parties.
2. Karnataka State Open University has filed this writ petition seeking for issue of a writ of mandamus directing the second respondent to consider the candidature of the students who have obtained degrees awarded by the petitioner-University for all its recruitments.
3. The second respondent has issued a notification at Annexure-U dated 30.06.2015, inviting applications from the eligible candidates for appointment to the posts of Assistants/First Division Assistants.
4. The apprehension of the petitioner-University is that the second respondent-KPSC may reject the applications of the candidates, who obtained the degrees from the petitioner-University.
5. Sri. Krishna S. Dixit, learned standing Counsel appearing for respondent No.3 submits that the candidates, who have joined the petitioner-University upto and including the academic session 2012-13, their degrees are recognized and it is immaterial when they have actually completed the degrees.
6. The submission of the learned counsel for respondent No.3 is consistent with the stand taken by the UGC in W.P.No.52452/2015 and the order of this Court in W.P.No.8638/2016 dated 3.3.2016.
7. Therefore, the second respondent is not justified in rejecting the applications of the candidates, who have obtained the degrees from the petitioner-University. It is sufficient if the candidates have joined the petitioner - University upto and including the academic session 2012- 13 and the date of completion of the degree is immaterial.
However, no opinion is expressed in relation to the validity of the degrees obtained by the students by joining the petitioner-University for the academic session 2013-14 onwards.
8. Learned Counsel appearing for the second respondent-KPSC submits that in view of the interim order passed by this Court, the applications of the candidates -9- NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR who have obtained degrees from the petitioner/University are being considered.
9. In view of the clarification by the UGC as above, the second respondent is directed to consider the applications of the candidates, who have joined the petitioner- University upto and including the academic year 2012-13 and obtained degrees for the posts of Assistants/First Division Assistants in accordance with law. Writ petition is accordingly allowed. No costs.
In the case of Sri. Manoj M. Vs. The Deputy Commissioner and another W.P.No.25361/2017 dated 13.06.2017 Learned Additional Government Advocate is permitted to accept notice on behalf of the respondent No.1. Learned counsel Sri.Santhosh.S.Nagarale is permitted to accept notice on behalf of respondent No.2.
2. The petitioner after having completed the II- PUC, has joined the second respondent university to pursue his B.A Degree during the academic year 2011-12 and completed the same during April/May 2014. It is submitted that the first respondent after having satisfied about the genuine claim of the petitioner for the post of Second Division Assistant, appointed the petitioner, based on the B.A degree obtained from the second respondent- University. However, the second respondent-University has not conferred the degree certificate. The petitioner approached the second respondent for which a letter dated 01.06.2017 was issued stating that due to administrative reasons, the original certificate was not issued and the same would be issued later. It is the grievance of the petitioner that he approached the first respondent with the said letter and explained the situation and informed that he was admitted to B.A. degree with the second respondent during the period when the University was recognized by UGC and requested to consider his case, recognizing his B.A degree, vide representation dated 05.06.2017. Since the first respondent was not ready to consider the same, petitioner is before this Court.
3. The issue involved in this writ petition is no more res-integra in view of the orders passed by this Court in Writ Petition No.34255/2016 (D.D on 27th June 2016) wherein, on recording the submissions of learned standing counsel appearing for the UGC, this Court has categorically held that the second respondent therein was
- 10 -
NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR not justified in rejecting the application of the candidates, who have obtained the degrees from the petitioner- University, it is sufficient if the candidates have joined the petitioner-University upto and including the academic session 2012-13 and the date of completion of the degree is immaterial. Indisputably, the petitioner herein has joined the Bachelor of Arts degree course during the academic year 2011-12 and completed the same during April/May 2014. In view of the same, the petitioner is entitled to the similar relief in terms of the order of this Court in Writ Petition No.34255/2016.
Accordingly, the second respondent is directed to issue Degree certificate to the petitioner in respect of Bachelor of Arts degree completed during April/May 2014 as expeditiously as possible.
The writ petition stands disposed of accordingly."
8. In fact, in W.P.No.34255/2015 filed by the KSOU, learned counsel for the UGC has categorically submitted that the candidates joined KSOU up to and including the academic year 2012-13 would be entitled to get their degrees recognised and it was immaterial as to when they had actually completed the degrees, this Court after recording the said submission, has come to the conclusion that the said stands taken by the UGC is consistent with the stands taken by them in the earlier matters.
9. Under these circumstances, I am of the considered opinion that respondent Nos.2 and 3 committed an error in rejecting the request/claim of the petitioner for grant of convocation degree certificates on the ground that the same is not permissible in view of the public notices dated 16.06.2015 and 11.12.2015 .
10. In so far as the reliance placed on the UGC letter and KSOU withdrawal notice dated 18.08.2021 is concerned, the said letter, apart from being prospective and not
- 11 -
NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR retrospective nature, the said letters would also not have any impact or bearing on the right of the petitioner to receive/obtain convocation degree certificates, particularly when a perusal of Annexure-B will indicate that all courses including technical and non-technical course have been included while issuing public notices and have been referred to in the impugned order at Annexure-B. Under these circumstances, the impugned communication at Annexure-B refusing the grant/issue of convocation degree certificate on the basis of the UGC letter dated 18.08.2021, KSOU withdrawal notice dated 18.08.2021 cannot be sustained on this ground also.
11. Under these circumstances, I am of the considered opinion that the impugned communication at Annexure-B dated 18.09.2021 deserves to be quashed and necessary directions are to be issued to the concerned respondents to issue convocation degree certificates in favour of the petitioner.
12. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned endorsement dated 18.09.2021 issued by respondent No.3 vide Annexure-B is hereby quashed.
(iii) The concerned respondents are directed to issue degree convocation certificate in favour of the petitioner as expeditiously as possible and at any
- 12 -
NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR rate, within a period of four weeks from the date of receipt of a copy of this order. "
7. So also, in the case of Suhas and others (supra) (Annexure-J), this Court held as under:
"In this petition, the petitioners have sought for the following reliefs:-
" (i) Issue a writ in the nature of the mandamus, directing the respondent to issue marks cards and Degree Certificates to the petitioners forthwith, and ;
(ii) Issue a writ in the nature of mandamus, directing the respondent No.1 to conduct the examinations of various PG/UG courses to the students admitted up till 2012-13 through collaborative institutions to enable them to complete their course, and;
(iii) Direct the respondent No.1 University to verify the educational qualifications of students admitted through collaborative institutions up till the academic year 2012-13, as and when sought by the employers, and ;
(iv) Grant such other relief's as this Hon'ble Court deems fit to grant, in the facts and circumstances of the case including the costs, in the interest of justice and equity."
2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged in the Memorandum of Petition and referring to the material on record, learned counsel for the petitioners submit that despite the undisputed facts and circumstances including the directions issued by this Court in the earlier rounds of litigation in W.P.No.34255/2016, W.P.Nos.39131-
- 13 -
NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR 160/2019 and W.P.11062/2020, the respondent No.1 - KSOU is not taking any steps to comply with the directions issued by this Court and as such, the petitioners are before this Court by way of the present petition.
4. Per contra, learned counsel for the respondent No.1 - KSOU invites my attention to the statement of objections and documents produced by it and submits that there is no merit in the petition and the same is liable to be dismissed.
5. The material on record discloses that it is an undisputed fact that the petitioners were admitted to the respondent No.1 - KSOU during the academic years 2008- 09 up to 2012-13. In W.P.No.34255/2016, in relation to the right of candidates who have obtained admission up to and including the academic year 2012-13 to obtain Degree certificates, Marks cards etc., this Court held as under:-
" I have heard the learned counsel for the parties.
2. Karnataka State Open University has filed this writ petition seeking for issue of a writ of mandamus directing the second respondent to consider the candidature of the students who have obtained degrees awarded by the petitioner- University for all its recruitments.
3. The second respondent has issued a notification at Annexure - U dated 30.06.2015, inviting applications from the eligible candidates for appointment to the posts of Assistants/ First Division Assistants.
4. The apprehension of the petitioner- University is that the second respondent- KPSC may reject the applications of the candidates, who have obtained the degrees from the petitioner- University.
5. Sri. Krishna S. Dixit, learned standing Counsel appearing for respondent No.3 submits that the
- 14 -
NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR candidates, who have joined the petitioner- University upto and including the academic session 2012- 13, their degrees are recognized and it is immaterial when they have actually completed the degrees.
6. The submission of the learned counsel for respondent No.3 is consistent with the stand taken by the UGC in W.P.No. 52452/2015 and the order of this court in W.P.No. 8638/2016 dated 03.03.2016.
7. Therefore, the second respondent is not justified in rejecting the applications of the candidates, who have obtained the degrees from the petitioner- University. It is sufficient if the candidates have joined the petitioner- University upto and including the academic session 2012-13 and the date of completion of the degree is immaterial. However, no opinion is expressed in relation to the validity of the degrees obtained by the students by joining the petitioner- University for the academic session 2013-14 onwards.
8. Learned Counsel appearing for the second respondent/ KPSC submits that in view of the interim order passed by this Court, the applications of the candidates, who have obtained degrees from the petitioner / University are being considered.
9.In view of the clarification by the UGC as above, the second respondent is directed to consider the applications of the candidates, who have joined the petitioner- University upto and including the academic year 2012-13 and obtained degrees for the posts of Assistants/ First Division Assistants in accordance with law. Writ petition is accordingly allowed. No costs."
6. Subsequently, the petitioners and others preferred W.P.Nos.39131-39160/2019 before this Court, which were also disposed of by this Court in favour of the petitioners by holding as under:-
"The petitioners have sought for the following reliefs:-
(i) Issue a writ in the nature of mandamus, directing the respondent to issue Degree Certificates to the petitioners forthwith, by holding convocation, and also to verify the educational qualification of petitioners 1 and 8 at the earliest and;
- 15 -
NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR
(ii) Issue a writ of mandamus, directing the respondent to permit the petitioners 15 to 19 and 22 to complete their Undergraduate courses in their respective branches and also to direct the respondent to conduct the examinations in the said course forthwith, announce the results thereof, issue marks cards and Degree Certificates to them, and;
(iii) Grant such other relief/s as this Hon'ble Court deems fit to grant, in the facts and circumstances of the case including the costs, in the interest of justice and equity."
2. Learned Counsel for the petitioners would point out that in the identical circumstances, in W.P.No. 5050/2018 and allied matter disposed of on 09.09.2019, the cognate bench of this Court has directed the respondents to address the grievance of the students and take a decision by passing a speaking order. The petitioners being similarly situated, are entitled for the similar relief.
3. Learned Counsel for the respondents does not dispute the same.
4. In view of the aforesaid, the concerned respondent is directed to pass a speaking order addressing the grievance of the petitioners . In the event, the petitioners are entitled for the Degree Certificates, the concerned authority shall release the same within a period of four weeks from the date of receipt of the certified copy of the order. In the event of non-entitlement, a speaking order in that regard shall be passed and communicated to the petitioners forthwith.
With the aforesaid observations and directions, the writ petitions stand disposed of.
In view of the disposal of the writ petitions, I.A. No.2/2019 does not survive for consideration and the same stands disposed of."
7. So also, the petitioners and others once again approached this Court in W.P.No.11062/2020 which was also disposed of in their favour vide order dated 17.03.2021 by holding as under:-
"The petitioners are Under Graduate and Post Graduate students admitted to the respective courses
- 16 -
NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR during the academic year 2008-09 to 2012-2013. In terms of the provisions made by the respondent-Karnataka State Open University (KSOU), the petitioners were admitted to Study Centers, which are known as Collaborative Institutions of the respondent-University. However, the University Grants Commission (UGC) declared that the respondent-University could not have imparted the Under Graduate and Post Graduate course through 'Distance Education Mode' at the Study Centers or Collaborative Institutions, which were spread across the State and outside the State. The UGC derecognized the courses for the academic year 2013-14. Public Notice in this regard was issued by the UGC that the recognition granted to the respondent-University stands derecognized from the academic year 2013-14, in terms of the public notice dated 16.06.2015. In the meanwhile, the degree certificates with respect to the other students of the year 2008-09 to 2011-12 along with the students of the academic year 2012-13 were also not issued by the respondent-University. Thereafter, a decision has been taken by the respondent-University to award decree certificates to the students who have successfully completed the degree course in collaborative institutions and are otherwise eligible and consequently, the degree certificates have been issued to the students up to the academic year 2011-12. The certificates are being awarded as and when the students make applications seeking degree certificates, if they have successfully completed the course. The only question remains to be considered is with respect to the students of the academic year 2012-13.
2. During the course of this proceedings, the respondent-University has taken a decision and in that regard Officer Order dated 06.03.2021, has been issued which states that the Director of Distance Education Council has communicated that the degree certificates offered by the respondent-University for the academic year 2012-13 stands recognized and accordingly a decision has been taken by the respondent-University to award degree certificates of non-technical course to the students who have studied in the collaborative institutions. On referring to the office order dated 06.03.2021, learned Counsel for the respondent-University submits that the grievance of the petitioners has been redressed at the hands of the respondent-University and therefore nothing further survives for consideration in this writ petition.
- 17 -
NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR
3. At this juncture, the learned Counsel for the petitioners submits that although a decision has been taken by the respondent-University to award degree certificates to such of the students who have completed the course, nevertheless, nothing has been said about the students who have not been able to successfully completed the entire course. It is submitted that the University should be conducting supplementary examinations for the students who have not been able to complete the failed subjects.
4. Consequently, the writ petition stands disposed of in view of the subsequent development and the office order dated 06.03.2021, issued by the respondent- University. However, the respondent-University is hereby directed that a decision shall be taken to conduct supplementary examinations to the students who have not been able to complete the course and who have failed in certain subjects/papers, in respect of the students who were admitted to the academic year 2008-09 to 2012-13.
It is ordered accordingly."
8. As can be seen from the aforesaid orders passed by this Court, all students including the petitioners, who have been admitted to the respondent No.1 - KSOU up to and including the academic year 2012-13 are entitled to obtain and collect Marks cards, Degree Certificates etc., from the KSOU. So also, since the admission of all students including the petitioners up to and including the academic year 2012- 13 has been upheld and confirmed by this Court, the petitioners who have not passed in certain subjects/ papers in the Examinations would also be entitled to take the supplementary exams for their respective courses. Under these circumstances, I am of the considered opinion that necessary directions are to be issued to the respondent No.1
- KSOU to issue Marks cards, Degree certificates etc., in favour of the petitioners who have passed in the Examinations and also to conduct supplementary
- 18 -
NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR Examinations in respect of those petitioners who have failed in certain subjects / papers.
9. In the result, I pass the following:-
ORDER
(i) The petition is hereby allowed.
(ii) The Respondent No.1 - Karnataka State Open University is hereby directed to issue Marks cards, Degree certificates etc., in favour of such petitioners who have successfully passed and completed their respective courses as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of a copy of this order.
(iii) Respondent No.1 - KSOU is also hereby directed to conduct supplementary examinations in respect of such petitioners, who have not been able to complete their course and have failed in certain subjects / papers as expeditiously as possible in accordance with law."
8. In the instant case, it is an undisputed fact as borne out from the material on record that the petitioner joined respondent Nos.1 and 2 - University in the year 2011-2012 for the course M.Sc (mathematics) as evidenced by the marks cards issued by the respondent-University at Annexures-A, A1 and A2 dated 25.05.2012, 08.04.2013 and 24.12.2012 respectively; the respondent-University has also issued Provisional Pass Certificate in favour of the petitioner. Under these circumstances, in view of
- 19 -
NC: 2025:KHC:41998 WP No. 26303 of 2025 HC-KAR the principles enunciated in the aforesaid decisions, the petitioner joined prior to 2012 would be entitled to receive degree certificate / Convocation Certificate from respondent Nos.1 and 2 - College, I deem it just and appropriate to allow the present petition and issue necessary directions to respondent Nos.1 and 2 to issue Convocation and Degree Certificate, within a stipulated timeframe.
9. In the result, I pass the following:
ORDER
(i) The petition is allowed.
(ii) Respondent Nos.1 and 2 are hereby directed to issue Convocation Certificate and Degree Certificate to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 1 Sl No.: 10