Smt Snehalatha P vs State Of Karnataka on 3 March, 2016

[Cites 2, Cited by 2]

Karnataka High Court

Smt Snehalatha P vs State Of Karnataka on 3 March, 2016

Bench: S.Abdul Nazeer

                             1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 03RD DAY OF MARCH, 2016

                         BEFORE

       THE HON'BLE MR.JUSTICE S.ABDUL NAZEER

       WRIT PETITION No.8638 OF 2016 (EDN-RES)

BETWEEN:

SMT.SNEHALATHA.P
W/O. KUSUMADARA.B
AGED ABOUT 38 YEARS
RESIDENT OF BOODIPALLA HOUSE,
YENEKAL POST AND VILLAGE,
SULLIA TALUK,
D.K.DISTRICT - 574 238.                     ...PETITIONER

       (BY SRI VENUGOPAL.M.S, ADV.)

AND:

1.     STATE OF KARNATAKA,
       DEPARTMENT OF PUBLIC INSTRUCTIONS,
       VIKASA SOUDHA, BANGALORE-560 001.
       REPRESENTED BY ITS
       UNDER SECRETARY.

2.     THE UNIVERSITY GRANT COMMISSION
       GOVERNMENT OF INDIA,
       MINISTRY OF HUMAN RESOURCE
       DEVELOPMENT,
       BAHADUR SHAH ZAFAR MARG,
       NEW DELHI-110002
       REPRESENTED BY ITS SECRETARY.

3.     KARNATAKA STATE OPEN UNIVERSITY,
       14th CROSS, 2nd STAGE,
       OPPOSITE TO ST. JHOSEPHS SCHOOL,
       MUKTHAGANGOTHRI,
       MYSORE-570 006, BY ITS REGISTRAR
                            2




4.   THE COMMISSIONER
     DEPARTMENT OF PUBLIC INSTRUCTIONS,
     OPPOSITE TO KAVERI BHAVAN,
     K .G. ROAD, BANGALORE-560 009.

5.   THE DEPUTY DIRECTOR OF
     PUBLIC INSTRUCTIONS,
     DAKSHINA KANNADA,
     ZILLA PANCHAYATH BUILDING,
     URVA STORE, MANGALORE-575 006.     ... RESPONDENTS

     (BY SRI I.THARANATH POOJARY, AGA FOR R1, R4 & R5
         SRI KRISHNA.S.DIXIT, ASG FOR R2
         SRI P.N.MANMOHAN, ADV. FOR R3)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
DECISION OF THE R-2 AS REFLECTED IN PUBLIC NOTICE
ANNEX-L DTD.16.6.2015 IN SO FAR AS PETITIONER IS
CONCERNED AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:

                       ORDER

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 3 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. 4 Writ petition is disposed of accordingly. No costs.

Sd/-

JUDGE KLY/-

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