Karnataka High Court
Raghu. S vs The State Of Karnataka on 25 June, 2019
Author: S.Sujatha
Bench: S.Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JUNE, 2019
BEFORE:
THE HON'BLE MRS. JUSTICE S.SUJATHA
WRIT PETITION Nos.27358 - 27414/2018 c/w
W.P.No.27020/2018 (EDN - RES)
IN W.P.Nos.27358 - 27414/2018:
BETWEEN:
1. RAGHU S
S/O SHANKARA,
AGED ABOUT 26 YEARS,
R/AT VAJAMANGALA VILLAGE & POST
VARUNA HOBLI, MYSURU TALUK,
MYSURU-570028.
2. MAHADEVASWAMY B
S/O BASAVARAJU,
AGED ABOUT 28 YEARS,
PADUVALA MARAHALLI VILLAGE,
KAVALANDE HOBLI,
DASANUR POST,
NANJANAGUDU POST,
MYSORE DISTRICT-571 316.
3. SUMA
D/O BHOJAIAH,
AGED ABOUT 26 YEARS,
R/AT CHAPPARADAHALLI VILLAGE & POST,
PIRIYAPATTANA TALUK,
MYSORE DISTRICT-571 102.
4. SHWETHA B. L.
D/O LOKESH,
AGED ABOUT 24 YEARS,
BIRUR POST, ASHOKA NAGAR,
BHUTHANA GUDI BEHIND,
-2-
KADUR TALUK,
CHIKKAMANGALORE DISTRICT-577 116.
5. YASHASWINI. G
D/O. GOVINDARAJU,
AGED ABOUT 24 YEARS,
R/AT JNANA VIKASA EDUCATION TRUST (R),
RAMESHWARA TEMPLE ROAD,
CHINAKURALI POST,
PANDAVAPURA TALUK,
MANDYA DISTRICT-571 455.
6. SHIVAKUMARA. S
S/O. SIDDAPPA,
AGED ABOUT 25 YEARS,
R/AT NO.1485, 11TH CROSS,
ASWATHKATTE ROAD,
KYATHAMARANAHALLI,
MYSORE-570 019.
7. YOGESHA. B
S/O. BHOGEGOWDA,
AGED ABOUT 25 YEARS,
R/AT NO. 628, 4TH CROSS,
"B" BLOCK, MAHADEVAPURA,
MYSORE-570 048.
8. ANIL KUMAR. P. M.
S/O. MAHADEV,
AGED ABOUT 29 YEARS,
R/AT NO. 93, OLAKOTE,
PERIYAPATTANA,
MYSORE DISTRICT-571 107.
9. KAVYA N. G.
D/O. N. P. GANESH,
W/O. DHANANJAYA K. P.,
AGED ABOUT 23 YEARS,
NANDINATHPURA VILLAGE,
PERIYAPATTANA TALUK,
MYSURU-571 107.
10. DHANANJAYA. B. S.
S/O. SHANKARACHARI,
-3-
AGED ABOUT 26 YEARS,
BENKIPURA VILLAGE,
ASWAL POST, HUNSURU TALUK,
MYSURU DISTRICT-571 189.
11. RAMYA. S
D/O. SHIVAKUMAR,
AGED ABOUT 26 YEARS,
NO.4174, SHRIRAMPURA,
NANJANGUD TALUK, MYSURU-571 201.
12. PINKU. M
D/O. MAHADEVAPPA. M,
AGED ABOUT 26 YEARS,
HARALE VILLAGE,
SARGUR POST, KOLLEGAL TALUK,
CHAMARAJANAGAR DISTRICT-571 440.
13. SATHISHA
S/O. CHIKKANNA,
AGED ABOUT 30 YEARS,
NO. 85/1, DEVEGOWDA STREET,
KALKUNIKE, HUNSUR TOWN,
MYSURU-571 105.
14. SHOBHA. D
D/O. DEVANNANAYAKA,
AGED ABOUT 30 YEARS,
R/AT HOSARAMANAHALLI,
BOLANAHALLI POST,
HUNSUR TALUK, MYSORE-571 103.
15. SUDARSHAN. N.
S/O. NAGARAJ B. GOWDA,
AGED ABOUT 26 YEARS,
R/AT NO. 1115, 2ND CROSS,
RAMABAI NAGAR, MYSURU-570 008.
16. NEELABIKA. S
D/O. SHIVARATHRISWAMY. M,
AGED ABOUT 26 YEARS,
R/AT SUTTUR VILLAGE,
NANJANGUD TALUK, MYSURU-571 129.
-4-
17. IKRAJ PASHA
S/O. ABDUL ASIF,
AGED ABOUT 23 YEARS,
R/AT HOLALAGODU VILLAGE,
ALADAHALLI POST,
MALLIPATANA HOBLI,
ARAKALAGUDU TALUK,
HASSAN-573 102.
18. PRATHAPA D. R.
S/O. RAJEGOWDA,
AGED ABOUT 26 YEARS,
R/AT DODDANERALE VILLAGE,
CHIKKANERALE POST,
HARANAHALLI HOBLI,
PERIYAPATNA TALUK,
MYSURU-571 102.
19. KRISHNA
S/O. MAHADEVASHETTY,
AGED ABOUT 26 YEARS,
R/AT BHEEMANBEEDU VILLAGE,
GUNDLUPETE TALUK,
CHAMARAJANAGAR-571 111.
20. RACHANAYAKA. J. R.
S/O. RACHANAYAKA,
AGED ABOUT 26 YEARS,
JABAGERE VILLAGE,
GUDAVAGERE HOBLI,
HUNSUR TALUK,
MYSURU-571 610.
21. MAHENDRA. H. R.
S/O. RAMAKRISHANA NAYAKA,
AGED ABOUT 25 YEARS,
R/AT HAGINAVALU VILLAGE,
NANJANAGUD TALUK,
MYSURU-571 610.
22. SUNIL MURTHY. S
S/O. M. SHIVARAMU,
AGED ABOUT 26 YEARS,
R/AT KODIVAGANE VILLAGE,
-5-
V CHATRA POST,
CHAMARAJANAGARA-571 313.
23. MAMATHA. M. H.
HALAPPA,
AGED ABOUT 25 YEARS,
R/AT MALAGANAKERE VILLAGE,
MAKODU POST,
PERIYAPATTANA TALUK,
MYSURU-571 108.
24. SAVITHA. K. S.
W/O. HEMANTH KUMAR. P. P.,
AGED ABOUT 25 YEARS,
NO. 874/4, REHMANIA 1ST MAIN ROAD,
CHAMARAJA MOHALLA,
MYSORE-570 024.
25. PALLAVI S
D/O SIDDARAJU,
YELANDUR, GOWTHAM STREET,
CHAMARAJA NAGAR-571411.
26. HUCHAPPA H
S/O HUCHAPPA,
AGED ABOUT 26 YEARS
DARIBUGERU VILLAGE,
GUNDLUPETE TALUK,
CHAMARAJANAGARA-571123.
27. SINDURANI S
D/O SHIVAKUMARA,
AGED ABOUT 25 YEARS
ALANAHALLI VILLAGE,
PERIYAPATNA TALUK,
MYSURU-571107.
28. PALLAVI A N
D/O NINGANAYAKA A.S,
AGED ABOUT 27 YEARS
ARJUNAHALLI VILLAGE,
K.R.NAGAR TALUK,
MYSURU-571601.
-6-
29. BHINDURANI M S
D/O SURENDRA,
AGED ABOUT 24 YEARS
MANCHABAYANAHALLI VILLAGE,
GAVADAGERE POST,
HUNSUR TALUK,
MYSURU-571610.
30. KAVYASHREE M R
D/O K RAGHU,
AGED ABOUT 24 YEARS
NO.513, FIRST PHASE,
FOURTH STAGE,
VIJAYANAGAR,
NEAR BASAVA CIRCLE,
MYSURU-570017.
31. ASHWINI S
D/O SHANKARE GOWDA B
AGED ABOUT 28 YEARS
R/AT NO.1765
POST OFFICE ROAD
HEBBAL 2ND STAGE
MYSURU-570017
32. ANNAYYASWAMY
S/O LATE PAPANAYAKA
AGED ABOUT 28 YEARS
R/AT HOSAKERESUNDA(V)
KOLADURU(P), H.D. KOTE TALUK
MYSORE-571116
33. BHAVYA B R
W/O MAHADEV PRASAD
AGED ABOUT 30 YEARS
R/A RAMAPURA
NEAR POLICE STATION
KOLLEGALA TALUK
CHAMARAJANAGAR DISTRICT-571444
34. USHA P
D/O S N PURUSHOTHAMA
AGED ABOUT 38 YEARS
R/A NO.44, ESHWARI NILAYA
-7-
2ND STAGE, VISVESWARANAGAR
OPP. TO YASHODA NATARAJAN MANTAPA
MYSORE-570008
35. THEJASWINI N
D/O NAGARAJA CHAR
W/O PRASANNA S
AGED ABOUT 36 YEARS
R/A NO.50, LIG GROUP-2
KHB COLONY, HOOTAGALLI
MYSORE DISTRICT-570018
36. RANGARAJU D
S/O DASA SHETTY
AGED ABOUT 30 YEARS
R/A KUMBARA STREET
KUNAGALLI VILLAGE AND POST
KOLLEGAL TALUK
CHAMARAJANAGARA DISTRICT-571442
37. VANDANA C V
D/O UTHAPPA C K & LEELAVATHI K B
AGED ABOUT 26 YEARS
R/A YAVAKAPADI POST
KODAGU DISTRICT
MADIKERI TALUK-571212
38. KAVERAMMA M V
D/O UTHAPPA M P
AGED ABOUT 29 YEARS
PALOOR VILLAGE POST
MADIKERI TALUK
KODAGU DISTRICT-571214
39. ARPITHA K P
D/O PONNAPPA K B
AGED ABOUT 28 YEARS
ARUVATHOKLU VILLAGE AND POST
MADIKERI TALUK
KODAGU-571201
40. M RAJALAKSHMI
D/O V MARISWAMY
-8-
AGED ABOUT 34 YEARS
R/A BELAKAVADI
MALAVALLI TALUK
MANDYA DISTRICT-571417
41. CHANDRIKA K S
W/O S V MANJUNATH
AGED ABOUT 39 YEARS
R/A ST.ANTONY'S PU COLLEGE
PONNAMPET
SOUTH KODAGU-571216
42. PRANITHA YERMAL
D/O PANDURANGA Y
AGED ABOUT 39 YEARS
R/A NO.823
VARNA BEHIND DEEPA PU VOLLAGE
ROOPA NAGAR, MYSORE-570026
43. VIMALA ANTHONY A
D/O ANTHONY D
AGED ABOUT 26 YEARS
NO.3341, 1ST MAIN, LOURD NAGAR,
LASHKAR MOHALLA, MYSORE-01
44. USHA P A
D/O ACHAIAH P S,
W/O PONNAPPA T P
AGED ABOUT 27 YEARS
R/AT NO.400, OPP NEHRU PARK,
UDAYAGIRI, MYSORE-570019
45. SAVITHA PONNAPPA
D/O A.C.PONNAPPA,
W/O ROY UTHAIAH,
AGED ABOUT 29 YEARS
R/AT No.4324, 6TH CROSS,
17TH MAIN, 2ND STAGE,
VIJAYANAGAR, MYSORE-570017
46. SREEJA M C
W/O MANOJ P C,
AGED ABOUT 43 YEARS
R/AT NEAR NEW CAMBRIDGE SCHOOL,
-9-
NEW MARUTHY EXTENSION,
HUNSUR-571105
47. PRADEEP KUMAR R S
S/O SURENDRA,
AGED ABOUT 27 YEARS
R/AT DEVARAHALLI VILLAGE,
SHRAVANABELAGOLA HOBLI,
CHANNARAYAPATNA TALUK
HASSAN-573135
48. PRATHIMA B S
D/O SURYAMURTHY,
AGED ABOUT 26 YEARS
R/AT DODDAHALLI VILLAGE,
CHANDAKAVADI POST,
CHAMARAJANAGARA-571342
49. SHASHI
D/O SIDDARAJU
AGED ABOUT 25 YEARS
R/AT KARINANJANAPURA
10TH WARD NO.104
NEW EXTENSION
CHAMARAJANAGARA-571313
50. SUSHILA M
D/O MALLAIAH
AGED ABOUT 47 YEARS
DODDARAYAPETI POST
CHAMARAJANAGARA-571313
51. N GAYATHRI
P NAGARAJA
AGED ABOUT 25 YEARS
R/AT NO.1211/1, 5TH CROSS,
NEW STREET, ITTIGEGUDU,
MYSURU 570010
52. JAHNAVI G N
D/O NAGASUNDARA
W/O MADHUSHAKAR
AGED ABOUT 35 YEARS
R/AT 27/8B, 1ST FLOOR,
- 10 -
GOPIKA SCHOOL ROAD,
OPP MAMATHA STORE,
PAPANNA LAYOUT,
YARAGANAHALLI ,
MYSURU 570029
53. SHARATH KUMAR D C
S/O CHANNARAJE GOWDA D L
AGED ABOUT 32 YEARS
R/AT HALEYUR EXTENSION
HOSUR POST, K R NAGAR TALUK
MYSURU 571617
54. PAVITHRA A R
W/O SHANKARA V K
AGED ABOUT 28 YEARS
R/AT 13TH CROSS, 1ST MAIN
AMRUTHESHWARANAGAR,
BELAVADI, YELAVADAHOBLI,
MYSURU 5700018
55. YOGESHKUMARA M.V.
S/O VEERABADRAIAH,
AGED ABOUT 32 YEARS
R/AT LIG 12, HOUSING BOARD,
HOLENARASIPURA TOWN,
HASSAN-573 211
56. NITHYANANDA R.S.
S/O SURESHA R.C.
AGED ABOUT 25 YEARS
R/AT RAJAGUTTA,
K.R.PETE TALUK,
MANDYA-572 455
57. SHIVAKUMAR M.N.
S/O NAGAPPA M.B.
AGED ABOUT 26 YEARS
R/AT NO.380,
MUDNAKUDU VILLAGE,
CHAMARAJANAGAR TALUK
& DISTRICT-571128 ... PETITIONERS
[BY SRI SHARATH S. GOWDA, ADV.)
- 11 -
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
M.S.BUILDING, K.R.ROAD,
BANGALORE-560 001.
2. MYSURU UNIVERSITY
REP. BY ITS REGISTRAR,
NO.406, CRAWFORD BHAVANA,
MYSURU-570005.
3. NATIONAL COUNCIL FOR
TEACHER EDUCATION
SOUTHERN REGIONAL COMMITTEE,
BY ITS REGIONAL DIRECTOR,
NAGARABHAVI,
JNANA BHARATI CAMPUS ROAD,
BENGALURU-560 072.
4. GURUKUL COLLEGE OF EDUCATION
NO.2, NH KHB, HOOTAGALLY,
MYSURU-570 018
REP BY ITS SECRETARY. ...RESPONDENTS
[BY SMT.PRAMODHINI KISHAN, AGA FOR R-1;
SRI T.P.RAJENDRAKUMAR SUNGARY, ADV. FOR R-2;
SRI BASAVARAJ V. SABARAD, ADV. FOR R-3;
SRI RAJESWARA P.N., ADV. FOR R-4.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 AND 2 TO ANNOUNCE THE FINAL YEAR
RESULTS OF THE PETITIONERS IN RESPECT OF 3RD SEMESTER
AND 4TH SEMESTER EXAMINATION HELD DURING THE YEAR
2016-2017 AND CONSEQUENTLY ISSUE THE MARKS CARDS.
IN W.P.No.27020/2018
BETWEEN:
SUNITHA MAHILA GURUKUL COLLEGE
OF EDUCATION
NO.2, NH KHB, HOOTAGALLY
- 12 -
MYSURU-500 018
REP BY ITS SECRETARY
SMT.C.PANKAJAKSHI
AGED 58 YEARS,
W/O LATE B.KRISHNAIAH
R/O MYSORE ... PETITIONER
[BY SRI RAJESHWARA P.N., ADV.]
AND:
1. NATIONAL COUNCIL FOR
TEACHER EDUCATION
(A STATUTORY BODY OF THE
GOVERNMENT OF INDIA)
HANS BHAVAN (WING II)
BAHADUR SHAH ZAFAR MARG
NEW DELHI-110 002
REP BY ITS MEMBER SECRETARY
2. THE SOUTHERN REGIONAL COMMITTEE
REP BY ITS REGIONAL DIRECTOR,
NAGARBHAVI,
JNANA BHARATHI CAMPUS ROAD,
OPP NATIONAL LAW SCHOOL,
BENGALURU-560 072
3. THE MYSURU UNIVERSITY
REP BY ITS REGISTRAR
MYSURU-500 102
4. YASHASHWINI
D/O SHEKAR PREMA
5. YOGESH
S/O BOGEGOWDA
6. HUCCHAPPA H
S/O HUCCHAPPA
7. SHARATH KUMAR R
S/O REVANNA
- 13 -
8. SUDHARANI
D/O SHIVKUMARA
9. BINDURANI
D/O SURENDRA NAYAK
10. MAHENDRA H R
S/O RAMAKRISHNA NAYAK
11. SWETHA L
D/O LINGARAJU
12. MAHADEVASWAMY
S/O BASAVARAJU
13. PALLAVI A N
D/O NINGANAYAK
14. PAVITRA S
D/O SHANKREGOWDA
15. SHOBHA D
D/O DEVANAYAK
16. RACHANAYAK J R
D/O RACHANAK
17. ANILKUMAR P M
D/O MAHADEV
18. SHWETHA B L
D/O LOKESHAPPA
19. KAVYA N G
D/O GANESH
20. NITHYANANDA R S
S/O SURESH
21. YASHASHWINI
D/O GOVINDARAJU
- 14 -
22. RAMYA S
D/O SHIVAKUMAR
23. KAVYASHREE M R
D/O RAGHU
24. SHIVAKUMAR M N
S/O NAGAPPA
25. PALLAVI
D/O SIDDARAJU
26. SUNILMURTHY S
S/O SHIVARAMU
27. SAVITHA K S
D/O SRINIVASACHARI
28. NEELAMBIKA S
D/O SHIVARATHISWAMY
29. SATHISHA
S/O CHIKKANNA,
30. PINKU M
D/O MAHADEVAPPA,
31. MAMATHA M H
D/O HALAPPA,
32. REKHA G
D/O GURUSWAMY,
33. PRATHAP D R
S/O RAJEGOWDA,
34. SUDHARSHAN N
S/O NAGARJU,
35. SUMA
D/O BOJAIAH,
- 15 -
36. SHIVAKUMAR S
S/O SIDDAPPA,
37. RAGHU S
S/O SHANKAR,
38. BASAVARAJ M T
S/O THIPPESWAMY,
39. IKRAJPASHA
S/O ABDULSI,
40. DHANANJAYA B S
S/O SHANKARACHARI,
41. PUNITH KUMAR B S
S/O SANNASHETTY,
42. KRISHNA
S/O MAHADEV,
43. RADHA A
D/O ARMUGAM,
44. M RAJA LAKSHMI
D/O MARIWAMY,
45. SHASHIKALA K
D/O KRISHNA NAYAK C,
46. SUSHILA M
D/O MALAIAH,
47. SOWMYA S
D/O SUBBEGOWDA,
48. CHANDRIKA K S
D/O SHANKAR K B ,
49. YOGESHKUMAR M V
S/O VEERBHADHARIAH,
- 16 -
50. P PAKIYANATHAN
S/O A AMALANATAN,
51. VANITHA KUMARI P S
D/O SUBRAMANI K V,
52. KANYA KUMARI S
D/O SHIVAMURTHY,
53. MALLESH H M
S/O MADASETTY,
54. BHAVYA B R
D/O RAJASHEKAR,
55. PRANIKTHA YERMAL
D/O PANDURANGA Y
56. PAVITRA A.R.
D/O RAMEGOWDA,
57. SHARATH KUMAR D.C.
S/O CHANNARAJEGOWDA,
58. SAVITHA PONNAPPA
D/O PONNAPPA A.C.,
59. USHA P
D/O PURUSHOTHAMA A.N.
60. USHA P.A.
D/O ACHAIAH,
61. SREEJA M C
D/O CHANDRAHASAN,
62. DEVANNA
S/O MAHADEVAPPA,
63. ANNAYYASWAMY
S/O PAPANAYAK,
- 17 -
64. PRADEEP KUMAR R S
S/O SURENDRA,
65. PURUSHOTHAMA
S/O RAMEGOWDA,
66. VANDANA C U
D/O UTHAPPA C K,
67. GAYATRI N
D/O NAGARAJ,
68. RAJU K C
S/O CHIKKANAIK,
69. JAHNAVI G N
D/O NAGASUNDARA,
70. MAHALAKSHMI M
D/O MANIKYARO,
71. ASHWINI S
D/O SHAKREGOWDA,
72. RANGARAJU D
S/O DASASHETTY,
73. RANGASWAMY C
S/O CHIKKUSU
74. RADHA H L
D/O BILIGIRIRANGA,
75. A R CHANDRAKALA
D/O RUDREGOWDA,
76. CHANDRAKALA P B
D/O PUTTAIAH T,
77. ASHA B M
D/O MAHADEVANAYAK,
- 18 -
78. ARPITHA K P
D/O PONNAPPA K B,
79. NAGAMMA D K
D/O KRISHNAIAH,
80. RASHMI H B
D/O BASAVARAJU H N,
81. MEGHA B K
D/O KUMARASWAMY M,
82. KAVERAMMA M U
D/O UTHAPPA P
83. THEJASWINI N
D/O NAGARAJACHAR,
84. SHASHI
D/O SIDDARAJU,
85. PRATHIMA B S
D/O SURYAMURTHY,
86. PUSHPA K S
D/O SHADAKSHARA SWAMY,
87. KANTHARAJA M N
S/O NAGARAJ,
88. JYOTHININGAIAH P
S/O PUTTALINGAIAH,
89. MADHU T
D/O NAGARAJU T,
90. LAKSHMI
D/O HANUMANTHA NAYAKA,
91. GURURAJ N
S/O NANJUNDSWAMY N
- 19 -
92. JOYSEE THOMAS
S/O THOMAS
93. AMREEN BANU
D/O ALLA BAKASH AZEEZA
94. GANGAMANI P
S/O PUTTASWAMY
95. AMEENATARANUM
S/O MOHAMED AKHLAQH PASHA
96. SUKRUTHA S K
D/O KRISHNAMURTHY S V
97. CHAITRA K C
D/O CHIKKADALE GOWDA
98. SAKEENA KAUSAR
D/O HAROON RASHID
99. SIDDARAJU K N
S/O NAGASHETTY,
100. SHILPA V K
D/O KRISHNA V S
101. FARZANA B
D/O ANWAR
102. SUPRTHASHINE
D/O SAMUELRAJ
103. MALA V
D/O VISHAKANTAIAH
104. CHANDRA PRABHA
D/O MAHADEAPPA
105. SWATHI M K
D/O KARIGOWDA
- 20 -
106. MANASA D S
D/O SIDDAPPA
107. SHRUTHI N
D/O NAGARAJU
108. NANDINI M V
D/O VENKATESH
109. NISCHITHA S
D/O NAGESH H N
110. NANDINI S
D/O SIDDAMALLAPA H M
111. DILIPA S K
S/O KENCHAGOWDA
112. USHA B
D/O BETTEGOWDA
113. CHETHANA M R
D/O RAMAKRISHNA RAO V
114. SANGEETHA S P
D/O PARAMESH
115. ANUSHA K N
D/O NARESH K T
RESPONDENTS 4 TO 115 ARE
ALL MAJORS AND STUDYING AT
SUNITHA MAHILA MANDALI
GURUKUL COLLEGE
NO.2, NH KHB, HOOTAGALLY
MYSURU-500 018 ...RESPONDENTS
[BY SRI M.VINOD KUMAR, CGC FOR R-1 & R-2;
SRI T.P.RAJENDRA KUMAR SUNGARY, ADV. FOR R-3;
R-4 TO R-15 - NOTICE DISPENSED WITH VIDE COURT ORDER
DATED 28.06.2018.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
- 21 -
RECOREDS REALTING AND CONCERNING THE ORDER DATED
16.03.2018 & 5TH FEB 2018 VIDE ANNEXURE-H PASSED BY THE
1ST RESPONDENT, PERUSE THE SAME AND DECLARE AND
STRIKE DOWN THE SAID ORDER AS UNSUSTAINABLE IN LAW,
INSOFAR AS THE SAID STATUTORY APPEAL HAVING NOT BEEN
ALLOWED INTO BUS HAS BEEN REMANDED TO THE 2ND
RESPONDENT FOR RE-VISITING AND RE-ASSESSEMENT OF
THE INFRASTRUCTURAL AND INSTRUCTIONAL FACILITIES AS
ON 16.03.2018.
THESE PETITIONS COMING ON FOR PRELIMINARY.
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
These petitions involving similar and akin issues, have been considered together and are disposed of by this common order.
2. In the first batch of writ petitions, the students are before this court seeking for a direction to respondent Nos.1 and 2 to announce the final year results of the petitioners in respect of 3rd and 4th semester examination held during the academic year 2016-17 and consequently issue the Marks Cards and the Certificates.
- 22 -
3. In the second batch of writ petitions, the institution is before this court challenging the order of the [NCTE] dated 16.03.2018 inter alia seeking a direction to the respondent Nos.1 and 2 to accord permanent recognition to the petitioner institution under the provisions of National Council for Teachers Education Act, 1993 [NCTE] and further to declare the results of the students, relating to respondents 4 to 115 for the academic year 2015-16 and 2016-17 and issue their Marks Cards/Certificates.
FACTS OF THE CASE:
4. The petitioners in the first batch and the respondent Nos.4 to 115 in the second batch are all students of Sunitha Mahila Gurukul College of Education ['Institution' for short]. It is contended that the said institution is a private unaided professional institution imparting education in the Bachelor of Education Course [B.Ed course] and is affiliated to Mysore University which is imparting education in the
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B.Ed course from the academic year 2006-07 after obtaining recognition from NCTE vide order dated 08.11.2006.
5. In terms of the Regulations 2014 read with the provisions of the Act, the course for B.Ed degree was made to two years from the earlier one year course with effect from the academic year 2015-16. In order to bring new Regulation into effect, all the colleges coming within the purview of the Mysore University were subjected to the process of scrutiny and on the recommendation of the Local Enquiry Committee, the University prepared the list of colleges by fixing the admission/intake limit. It is the contention of the petitioners that the institution finds a place at Sl.No.26 in the said list.
6. The State Government has evolved a practice for providing admissions to 50% of the institutions seats categorizing them as Government quota and also fixing fee for such students in respect of admission made
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under Government quota scheme by incorporating the reservation policy. In so far as the remaining 50% of the seats, the institution invited applications from the students and after short listing the received applications based on merits and conducting an interview, selected the students. The selected list consisting of 96 students inclusive of both Government and Management seats was forwarded to the University for its approval.
7. The University has approved the names of 85 students out of 96 students sent for approval in terms of the selected list. The petitioners in the first batch are claiming to be the students approved by the University for their admissions to the fourth respondent college relating to the academic year 2015-16.
8. The petitioners-students thereafter appeared in the first and second semester examination conducted by the University relating to the academic year 2015-16
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and the University has announced the results of the petitioners for the same.
SUBMISSIONS OF THE PETITIONERS/STUDENTS:
9. The institution was affiliated to the Mysore University in terms of the list of affiliation dated 15.12.2015 relating to the academic year 2015-16. Final list of admitted candidates for two years B.Ed course for the year 2015-16 depicts that the students were admitted to state counseling as well as management seats. The said students have appeared for the first and second semester examination conducted by the University and their results are also announced for the said two semesters. The third respondent - NCTE in its meeting held on 16.06.2017 passed an order under Section 17 of the Act rejecting the recognition of the institution which was the subject matter of W.P.No.28415/2017. The said writ petition came to be disposed of vide order dated 12.07.2017 to avail the
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alternative remedy of appeal under Section 18 of the Act. However, the interim order granted by the Court in the said writ petition continued till filing of the appeal. Being aggrieved by the order passed in W.P.No.28415/2017, W.A.No.482/2017 was preferred by the Institution which came to be dismissed, confirming the order passed by the learned Single Judge permitting to present an appeal under the Provisions of the Act. Accordingly, respondent No.4 has filed an appeal before the NCTE seeking restoration of recognition. Since no decision was taken in the said appeal W.P.No.55240/2017 was filed. This Court directed the NCTE to dispose of the appeal in an expeditious manner within a period of two months from the receipt of the order. NCTE by an order dated 16.03.2018 has remanded the matter back to the Southern Regional Committee [SRC] to reconsider the matter. In view of the same, the decision of the NCTE dated 15-16.06.2017 does not exist and hence, the
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petitioners are entitled for the declaration of their results.
10. Learned counsel referring to Sections 17(1) (2) and (3) of the National Council for Teacher Education Act, 1993 ('Act' for short) submitted that the order of withdrawing or refusing recognition passed by the Southern Regional Committee shall come into force only with effect from the end of the academic session next following the date of communication of such order. The order dated 15/16.06.2017 would come into effect only from the end of the academic session. The petitioners being admitted for the academic session 2015-2016 cannot be denied with their legitimate right of obtaining the marks cards and certificates subsequent to the declaration of the results. State Government having notified the institution for counseling the students who opted for that college were under a bonafide impression that the institution is duly recognized by the NCTE, the respondents cannot act adverse to the interest of the
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students in the II year of B.Ed course having announced the results of the I and II semesters. Several requests were made to the University as well as to the Commissioner of Collegiate Education seeking to announce the results, but the same has not been responded to.
SUBMISSIONS OF THE STATE:
11. Learned AGA appearing for the State Government has filed the statement of objections wherein it is stated that the Central Administrative Cell has issued letter dated 11.09.2017 requesting the Mysore university to permit the students to take up III and IV semester examination and thereafter declare the results in the interest of the students career. In view of the same, the University has to announce the results.
SUBMISSIONS OF THE UNIVERSITY:
12. Learned counsel appearing for the Mysore University submitted that in the absence of recognition
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from the NCTE, the University is not empowered to declare the results of the students. Hence, no exception can be found with the action of the University.
SUBMISSIONS OF THE NCTE:
13. Learned counsel for the NCTE has filed the statement of objections. It is submitted that the institutions creating teachers should maintain ultimate standards and they should be superlative. For standardizing the teachers education, the institutions are required to follow certain guidelines prescribed by the NCTE. The deficiencies pointed out by the inspection team are not being complied with, the respondent in its 193rd Meeting held on 21/22.6.2010 decided to withdraw recognition of the institution for B.Ed course and withdrawal order was issued on 28.07.2010. Aggrieved by the withdrawal order, the petitioner had approached this Court in Writ Petition No.26012/2010. This court has disposed of the matter
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granting time till August 2013 to comply with the deficiencies pointed out by the visiting team observing that till the completion of the infrastructure, the institution shall not make new admission of the students. The said order was confirmed in Writ Appeal No.6506/2013. In the year 2016, the Institution submitted a written representation along with relevant documents reporting compliance. The visiting team inspected the institution as per the decision of Southern Regional Committee. Certain infirmities were found in the compliance report. Thereafter several opportunities were provided to the institution to comply with the NCTE Regulations 2014. The order of withdrawal of recognition being passed as far back as in 2010, the decision dated 15/16.6.2017 in the 341st meeting of SRC is only reiteration of the same. The petitioner students being admitted by the institution without the recognition of the NCTE, they are not entitled for any
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relief much less the announcement of results, as sought for.
SUBMISSIONS OF THE INSTITUTION:
14. Learned counsel for the institution submitted that the order of the NCTE dated 16.3.2018 is contrary to sections 17 and 18 of the Act. The institution has been subjected to severe exertion much against the requirement of natural justice. All the infrastructural and instructional facilities have been provided by the petitioner in the wake of the order passed by this court in the earlier round of litigations and the same has been repeatedly reported by the visiting teams of the SRC. Despite the same, the cryptic and unreasoned order has been passed by the NCTE remanding the mater to the SRC. No mandatory requirement as provided under Section 17(1) and (2) of the Act has been complied with, in the whole process of re-considering the request of the institution for revocation of the withdrawal order of recognition,
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laconic order has been passed sans application of mind by the NCTE. At the hands of the respondent Authorities, the institution as well as the students are suffering. Hence seeks for quashing of the order dated 16.3.2018 at Annexure-H and to announce the results of the students.
15. I have carefully considered the rival submissions of the learned counsel appearing for the parties and perused the material on record.
16. The epicenter of the dispute relates to the non declaration of results of the students of the B.Ed course admitted through State counseling and management quota in the institution.
17. In the backdrop of facts narrated above, it is perspicuous that legal battle of the Institution against the NCTE since 2010 has not yet seen the final results. In the whole process, the career of the students who got admitted to the institution with the fond hope of getting
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B.Ed degree to serve in the field of education has been jeopardized. The students are now caught in a web of dispute for no fault of them. Added to this, the University though announced the results of the I year ( I and II semesters), is declining to announce the results of the II year B.Ed course relating to the petitioning students. The students are obviously carried away by the affiliation list issued by the University and the Sate Government notifying the institution for counseling in the B.Ed course. Thus, in the legal battle between the Institution and the NCTE, the innocent students have become the scapegoats.
RELEVANT PROVISIONS OF LAW:
18. Section 17 (1) (2)(3) of the Act reads thus:
17. CONTRAVENTION OF PROVISIONS OF THE ACT AND CONSEQUENCES THEREOF:
(1) Where the Regional Committee is, on its own motion or on any representation received from any person, satisfied that a recognised institution has contravened any of the provisions of this Act, or the rules, regulations, orders made or issued
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thereunder, or any condition subject to which recognition under sub-section (3) of section 14 or permission under sub-section (3) of section 15 was granted, it may withdraw recognition of such recognised institution, for reasons to be recorded in writing:
Provided that no such order against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such recognised institution:
Provided further that the order withdrawing or refusing recognition passed by the Regional Committee shall come into force only with effect from the end of the academic session next following the date of communication of such order.
(2) A copy of every order passed by the Regional Committee under sub-section (1), -
(a) shall be communicated to the recognised institution concerned and a copy thereof shall also be forwarded simultaneously to the University or the examining body to which such institution was affiliated for cancelling affiliation;
and
(b) shall be published in the Official Gazette for general information.
(3) Once the recognition of a recognised institution is withdrawn under sub-section (1), such institution shall discontinue the course or training in teacher education, and the concerned University or the examining body shall cancel affiliation of the institution in accordance with the order passed under sub-section (1), with effect
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from the end of the academic session next following the date of communication of the said order."
ANALYSIS:
19. A bare perusal of the said sections makes it clear that the withdrawal or refusing recognition passed by the Regional Committee shall come into force only with effect from the end of the academic session next following the date of communication of such order. It is mandatory that every order passed by the Regional Committee under sub-section(1) of Section 17 - withdrawing recognition of such recognized institutions shall be published in the Official Gazette for general information. The concerned university or the examining body is required to cancel the affiliation of the institution with effect from the end of the academic session next following the date of communication of the said order. None of these provisions have been followed by the respondent Authorities while withdrawing the recognition of the institution. On the other hand, it is
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propagated that the institution is competent to admit the students for the B.Ed course relating to the academic years in question. In terms of the order dated 16.3.2018 of NCTE, the proceedings are remanded to the SRC to re-consider the matter. The order dated 15- 16 June 2017 of the SRC is not in existence. In such circumstances, the innocent students would not be made to suffer. The stand of the state Government also supports the case of the students where the recommendation is made by the State Government to announce the result of the petitioning students.
ORDER:
20. Considering the totality of the circumstances of the case, this Court is of the considered view that the ends of justice would be met in directing the respondent-University to announce the results of the students concerned in the writ petitions and issue marks cards as well as the related certificates forthwith and is ordered accordingly.
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21. As regards the challenge made by the institution to the order dated 16.3.2018 at Annex-H in second batch of writ petitions, it is not in dispute that pursuant to the order of remand, no decision has yet been taken by the SRC. In the facts and circumstances of the case, SRC is directed to take a decision in accordance with law keeping in mind the observations made by the NCTE vide its order dated 16.3.2018 and the provisions of Section 17 of the Act vis-à-vis compliance report of the Institution. Such decision shall be made by the SRC in an expedite manner preferably within a period of three months from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/-
JUDGE NC/Dvr: