Karnataka High Court
R P Darshan vs Directorate Of Technical Education on 4 January, 2017
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF JANUARY, 2017
BEFORE
THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY
WRIT PETITION NO.50268/2014 (EDN-AD)
C/W
WRIT PETITION Nos.43662-43663/2014 (EDN-RES)
WRIT PETITION No.39322/2014 (EDN-AD)
WRIT PETITION Nos.47504-47508/2014 (EDN-RES)
WRIT PETITION No.47708/2014 (EDN-RES)
WRIT PETITION No.52639/2014 (EDN-AD)
WRIT PETITION No.29248/2015 (EDN-RES)
WRIT PETITION No.10110/2015 (EDN-RES)
IN WP No.50268/2014
BETWEEN:
R.P.DARSHAN
S/O RAJAPPA.B
AGED ABOUT 20 YEARS
RESIDING AT BALENAHALLI VILLAGE
TARIKERE TALUK
CHIKKAMAGALUR DISTRICT
... PETITIONER
(BY SRI D.R.RAVISHANKAR, ADV.)
AND:
1. DIRECTORATE OF TECHNICAL EDUCATION
TECHNICAL EDUCATION DEPARTMENT
REPRESENTED BY ITS DIRECTOR
BANGALORE 560001
2. TMAES POLYTECHNIC
JEEDIKATTE, BHADRAVATI - 580070
REPRESENTED BY ITS PRINCIPAL
2
3. KARNATAKA STATE OPEN UNIVERSITY
MANASA GANGOTRI
MYSORE - 570 006
REPRESENTED BY ITS REGISTRAR
... RESPONDENTS
(BY SMT KAVITHA.H.C., HCGP FOR R1,
R2 SERVED,
SRI T.P.RAJENDRA KUMAR SUNGAY, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANN-F
THE ENDORSEMENT ISSUED BY THE R-1 SEEKING TO
DECLARE THE PETITIONER AS IN-ELIGIBLE FOR
UNDERTAKING THE COURSES OF DIPLOMA IN MECHANICAL
ENGINEERING.
IN WP Nos.43662-43663/2014
BETWEEN:
1. RAGHU RAM.C
S/O CHANDRASHEKAR.J
AGED ABOUT 19 YEARS,
RESIDING AT NO.309/1,
THINDLU MIAN ROAD,
K.VEERANNA LAYOUT,
NEAR TO CANARA BANK
VIDYARANYAPURA POST,
BANGALORE-560097
2. RAKSHITH.M
S/O S.B.MANJUNATH
AGED ABOUT 20 YEARS,
RESIDING AT NO.442/1,
3RD MAIN, PIPE LINE ROAD,
BHEL MINI COLONY,
T.DASARAHALLI,
BANGALORE-560 057
... PETITIONERS
(BY SRI SUNIL, ADV.)
3
AND:
1. THE BANGALORE UNIVERSITY
REPRESENTED BY ITS REGISRAR
ACADEMIC SECTION-1
JNANBHARATHI
BANGALORE-56
2. KARNATAKA STATE OPEN UNIVERSITY
REPRESENTED BY ITS REGISRAR
MUKTHAGANGOTRI,
MYSORE-570006
3. SESHADRIPURAM FIRST GRADE COLLEGE
REPRESENTED BY ITS PRINCIPAL
#26, YELAHANKA NEW TOWN,
BANGALORE-64
4. BNES COLLEGE
REPRESENTED BY ITS PRINCIPAL
NO.9/6, IV CROSS,
MAHALAKSHMI LAYOUT,
BANGALORE-86
... RESPONDENTS
(BY SRI T.P.RAJENDRA KUMAR SUNGAY, ADV. FOR R1
SRI MANMOHAN.P.N, ADV. FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED NOTIFICATION DTD.28.6.2014 VIDE
AT ANNEX-F.
IN WP No.39322/2014
BETWEEN:
MISS KAREN NIKITA VIJAY
D/O. VIJAY CASPAR,
AGE :19 YEARS,
R/A NO.430, BLOCK-II,
TUNGABHADRA BLOCK,
NATIONAL GAMES HOUSING COMPLEX,
4
KORAMANGALAL,
BANGALORE-560 047.
... PETITIONER
(BY SRI KRISHNA.S.DIXIT, ADV.)
AND:
1. THE BANGALORE UNIVERSITY
JNANABHARATHI CAMPUS,
MYSORE ROAD,
BANGALORE-560 056,
REP BY ITS REGISTRAR.
2. THE KARNATAKA STATE OPEN UNIVERSITY,
MUKTHAGANGOTRI,
MYSORE-570 006,
REP. BY ITS REGISTRAR.
3. THE MOUNT CARMEL COLLEGE,
PALACE ROAD, VASANTHNAGAR,
BANGALORE-560 052,
REP. BY ITS PRINCIPAL.
... RESPONDENTS
(BY SRI B.PRAMOD, ADV. FOR R1
SRI MANMOHAN.P.N., ADV. FOR R2
R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 UNIVERSITY TO APPROVE THE
PETITIONER'S ADMISSION TO THE BACHELOR OF ARTS
(TRAVEL & TOURISM) FROM THE ACADEMIC YEAR 2014-15,
CONDUCTED IN THE R-3 COLLEGE.
IN WP Nos.47504-47508/2014
BETWEEN:
1. BHARAN T.A.N.
S/O ARUN KUMAR.T.M
AGED ABOUT 20 YEARS
R/A DHATHRI NILAYA,
5
1ST CROSS, GANDHINAGAR,
TUMKUR-572102
2. VIDYASHREE.A.M
D/O MAHALINGAPPA
AGED ABOUT 19 YEARS
R/A MAGGADA BEEDI, CHELURU
GUBBI TALUK, TUMKUR DISTRICT-57117
3. VINUTHA.T.S
D/O SHVIANNA
R/A SREE VEERABHADRESHWARASWAMY KRUPA
A.G.STREET, CHIKPET
TUMKUR-572101
4. AMITH.D.N
S/O NAGANNA
AGED ABOUT 19 YEARS
R/A DODDASARANGI PALYA
KAMBATHANAHALLI POST,
GURULU HOBLI
TUMKUR TALUK AND DISTRICT-572118
5. NISCHAY.T.S
S/O SURESH.T.R
AGED ABOUT 19 YEARS
R/A SIDDAGANGA NILAYA
11TH CROSS, SIT EXTENSION
TUMKUR-572103
... PETITIONERS
(BY SRI P.H.VIRUPAKSHAIAH, ADV.)
AND:
1. THE REGISTRAR
TUMKUR UNIVERSITY
PARIKSHA BHAWAN, B H ROAD
TUMKUR-572103
2. KARNATAKA STATE OPEN UNIVERSITY
MANASAGANGOTHRI
MYSORE-570006
REPRESENTED BY ITS REGISTRAR
6
3. SRI SIDDHARTHA INSTITUTE OF
BUSINESS MANAGEMENT
P G BLCK, S S I T CAMPUS
MARALUR, TUMKUR-572015
REPRESENTED BY ITS PRINCIPAL
4. VIDYODAYA FIRST GRADE COLLEGE
B.H.ROAD, TUMKUR-572102
REPRESENTED BY ITS PRINCIPAL
5. VIDYASAGAR FIRST GRADE COLLEGE
1ST MAIN ROAD, TUMKUR-572103
REPRESENTED BY ITS PRINCIPAL
... RESPONDENTS
(BY SRI P.N.MANMOHAN, ADV. FOR R2
SRI H.L.KRISHNA MURTHY, ADV. FOR R1
R3 TO R5 SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R1 UNIVERSITY TO CONSIDER
REPRESENTATIONS VIDE ANN-E1 TO E5 DT.29.9.14 FOR
ISSUANCE OF ELIGIBILITY CERTIFICATE IN FAVOUR OF THE
PETITIONERS AND DIRECT THE R1 UNIVERSITY TO APPROVE
THE ADMISSIONS OF THE PETITIONERS TO THE R3 TO R5
COLLEGES & TO PERMIT THE PETITIONERS TO PURSUE &
COMPLETE THE DEGREE COMMENCING FROM THE
ACADEMIC YEAR 2014-15.
IN WP No.47708/2014
BETWEEN:
KUM SWATHI
D/O VIJAY KUMAR,
AGED ABOUT 20 YEARS
VIJAYAVANI NIVAS,
NEAR JUNIOR COLLEGE ROAD,
BELTHANGADY,
DAKSHIN KANNADA-574240
... PETITIONER
(BY SRI RAVISHANKAR D R, ADV.)
7
AND:
1. THE MANGALORE UNIVERSITY
UNIVERSITY OFFICES,
MANGALORE-574 200,
REPRESENTED BY ITS REGISTRAR
2. THE KARNATAKA STATE OPEN UNIVERSITY
MANASA GANGOTRI,
MYSORE-570 006,
REPRESENTED BY ITS REGISTRAR
3. SRI MANJUNATHESWARA COLLEGE
UJJIRE,
DAKSHIN KANNADA-574240
... RESPONDENTS
(BY SRI T.P.RAJENDRA KUMAR SUNGAY, ADV. FOR R1
SRI MANMOHAN.P.N, ADV. FOR R2
SRI ARUN SHYAM.M, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO PERMIT THE PETITIONER TO PURSUE
AND COMPLETE THE UNDER GRADUATE/DEGREE
COMMENCING FROM THE ACADEMIC YEAR 2014-15
IN WP No.52639/2014
BETWEEN:
SRI S AKASH
S/O SIDDABASAIAH N S
AGED ABOUT 18 YEARS,
RESIDING AT NO.1 "A" BLOCK,
I MAIN, I CROSS,
THANDAVARAJU BUILDING,
NANDINI LAYOUT,
BANGALORE-560 096
... PETITIONER
(BY SRI M.P.SRIKANTH, ADV.)
8
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT,
HIGHER EDUCATION,
M S BUILDING,
DR AMBEDKAR VEEDHI,
BANGALORE-560 001
2. THE REGISTRAR
VISVESVARAYA TECHNOLOGICAL
UNIVERSITY,
REGIONAL OFFICE, R.H.C.S LAYOUT,
ANNAPOORNESHWARINAGAR,
NAGARBHAVI,
BANGALORE-560 091
3. THE REGISTRAR
KARNATAKA STATE OPEN UNIVERSITY
MANASA GANGOTRI,
MYSORE-570 006
4. THE EXECUTIVE DIRECTOR
KARNATAKA EXAMINATION AUTHORITY,
CET-2014, 18TH CROSS,
SAMPIGE ROAD,
BANGALORE-560 003
5. THE PRINCIPAL
RAJIV GANDHI INSTITUTE OF TECHNOLOGY
CHOLANAGAR, R T NAGAR POST,
BANGALORE-560 032
... RESPONDENTS
(BY SMT KAVITHA.H.C., HCGP FOR R1
SRI P.KARUNAKAR, ADV. FOR R2
SRI P.N.MANMOHAN, ADV. FOR R3
SRI N.K.RAMESH, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ENDORSEMENT DATED 3.11.2014 PASSED BY
THE VISVESVARAYA TECHNOLOGICAL UNIVERSITY THE R-2
9
VIDE ANN-K AND DIRECT THE R-2 TO APPROVE THE
ADMISSION OF PETITIONER IN RESPECT OF THE R-5
INSTITUTION.
IN WP No.29248/2015
BETWEEN:
PRAJWAL XAVIER
S/O KANIK RAJ,
AGED ABOUT 19 YEARS,
NO. 719, CHAMRAJPET,
CHIKABALAPURA DISTRICT 562101
... PETITIONER
(BY SRI D.R.RAVISHANKAR, ADV.)
AND:
1. THE KARNATAKA STATE
OPEN UNIVERSITY
MANASA GANGOTRI,
MYSORE 570001
REPRESENTED BY ITS REGISTRAR
2. JOINT DIRECTOR
INDUSTRIAL TRAINING INSTITUTE,
BANGALORE 29
3. SIR. M.V.VISHWESHWARIAH PRIVATE
INDUSTRIAL TRAINING INSTITUTE
C.V.V. VIDYA KENDRA,
CHIKKABALAPURA 562101
4. COMMISSIONER DEPT OF
EMPLOYMENT AND TRAINING,
KOUSHALYA BHAVAN,
DAIRY CIRCLE,
BANGALORE 29
5. JOINT DIRECTOR DIVISIONAL OFFICE
DEPT OF EMPLOYMENT
AND TRAINING,
KOUSHALYA BHAVAN,
10
DAIRY CIRCLE,
BANGALORE 29
... RESPONDENTS
(BY SRI P.N.MANMOHAN, ADV. FOR R1
SMT KAVITHA.H.C., HCGP FOR R2 & R5
SRI J.ARAVIND BABU, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEX-C
THE OFFICE ORDER DTD.4.12.2014 ISSUED BY THE R-3 AND
DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO
PURSUE AND COMPLETE THE ITI [ELECTRICIAN] COURSES
COMMENCING FROM THE ACADEMIC YEAR 2014-15.
IN WP No.10110/2015
BETWEEN:
KUM.DIVYA SHREE S.L.
D/O SRI. K.M.N.SHIVAYOGI,
AGE: 20 YEARS,
R/AT SUVARNA NILAYA,
NO. 1443,
RAKSHANAPURAM,
HASSAN 562101
... PETITIONER
(BY SRI RAJARAMA.S, ADV.)
AND:
1. THE REGISTRAR (EVALUATION)
MANGALORE UNIVERSITY,
MANGALA GANGOTHRI,
POST: KONAJE, MANGALORE,
D.K DISTRICT 575001
2. STATE OF KARNATAKA
REP. BY SECRETARY
HIGHER EDUCATION.
11
3. THE REGISTRAR,
KSOU, MUKTA GANGOTHRI,
MYSORE - 570 006.
... RESPONDENTS
(BY SRI T.P.RAJENDRA KUMAR SUNGAY, ADV. FOR R1
SMT KAVITHA.H.C., HCGP FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENT-UNIVERSITY TO PUBLISH THE RESULT
AND ISSUE THE MARKS CARD TO THE PETITIONER
PERTAINING TO THE FIRST SEMESTER OF B.SC. FASHION
DESIGN EXAMINATION CONDUCTED BY THE RESPONDENT-
UNIVERSITY IN THE MONTH OF OCTOBER-NOVEMBER, 2014,
FORTHWITH;
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Petitioners completed their 9th standard as regular students and they completed their 10th standard through Bridge Course which was conducted by respondent- Karnataka State Open University, Mysore. On the basis of the certificate issued by the Open University, they had made application to respondent-Institutions for admission to diploma Course in a requisite prescribed form. Respondent-University issued circular calling upon the students to produce certain documents for approval of the 12 admissions. Petitioners got admitted to the course of diploma with respondent-Institutions. At this juncture, respondent-University issued endorsement stating that the qualification possessed by the petitioners is not equivalent qualification for getting admission to diploma course. Hence, the petitioners made a prayer to set aside the endorsement issued by respondent No.1 vide Annexure-F seeking to declare the petitioners as in-eligible for undertaking the course of diploma in Mechanical Engineering.
2. Learned Government Advocate appearing for respondent No.1 submits that Bridge Course as equivalent to SSLC declared by respondent-Open University is not an equivalent qualification. Though notification issued, it has been referred for the purpose of eligible to SSLC/PUC or equivalent qualification. Under the circumstances, learned counsel submits that the impugned endorsement issued by respondent-University stating SSLC/PUC or equivalent qualification issued by respondent-Open University is not equivalent since it is a Bridge Course.
13
3. Learned counsel for respondent-Open University submits that the very Bridge Course stopped from the year 2014-2015 onwards and whether the certificate issued by respondent-Open University is equivalent or not, it is for respondent-University to take a decision.
4. I have heard the learned counsel on both sides.
5. Petitioners got admission with respondent- Institutions on the basis of the certificate issued by respondent-Open University. Whether the qualification is equivalent or not, it is for the Competent Authority to take a decision. Though in the notification they have stated that requisite qualification for diploma is SSLC/PUC or equivalent qualification, they failed to produce the documents to show that the certificate possessed by them is the equivalent qualification for the purpose of getting admission to diploma Course. It is not for this Court decide whether the Bridge Course is equivalent for the purpose of admission or not. It is for the Competent Authority to take a decision. This Court in 14 W.P.Nos.204770-204774 of 2014 and connected matter has held that if the Competent Authority decides that the Bridge Course is not equivalent to PUC, wide publicity shall be given to the same so that the aspiring students do not get mislead.
6. In the instant case by exercising power under Article 226 of the Constitution of India, I hold that certificate issued by respondent-Open University is not equivalent since Bridge Course has been stopped from the year 2014-2015 onwards. Whether students possess the certificate prior to one may be similar in number almost completed the course. At this juncture, if it is held that the petitioners did not possess the equivalent qualification, they will be put into hardship. These petitioners who are in possession of the Bridge Course certificate from respondent-Open University have not completed their diploma Course before 2014, their case has to be treated as they have possessed equivalent qualification for the course of diploma. This order shall not be treated as precedent for any further course.
15
Accordingly, the petitions stand disposed of. Respondents to issue certificate in case, petitioners complete the course for which they got admission with respondent-Institutions.
Sd/-
JUDGE VM