Karnataka High Court
Hanmantgouda R. Patil vs The State Of Karnataka on 6 December, 2012
Author: K. Sreedhar Rao
Bench: K. Sreedhar Rao
-1-
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 6th DAY OF DECEMBER, 2012
BEFORE
THE HON'BLE MR. JUSTICE K. SREEDHAR RAO
AND
THE HON'BLE MR. JUSTICE V. SURI APPA RAO
WRIT APPEAL NO.31203/2012
C/w.
WRIT APPEAL NOS.31142-31187/2012, 31269-
31302/2012, 31192-31198/2012, 31230-31250/2012
31305-31330/2012, & 31335/2012 (EDN-AD)
IN W.A.NO.31203/2012
BETWEEN
1. V. CHETHAN
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 MT 10003
2. T. BHARATKUMAR
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 MT 10002
3. AMIT VILAS UTTARKAR
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 MT 10048
-2-
4. RAVITEJA S.
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 ME 10056
5. CHARANTHKUMAR
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 EE 10007
6. K. VINAYAKA
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 521 ME 10056
7. BASAVARAJ CHANALA
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 ME 10008
8. H.M. KUMRSWAMY
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 ME 10027
9. G.S.M. HANEEF
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 ME 10013
-3-
10. PRAVEEN N.
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 ME 10033
11. HARISH P.
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 ME 10017
12. HARSHA MUNDARAGI
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 521 ME 10046
13. B. CHAITANYAPRASAD
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 5201 ME 10010
14. H. ANAND
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520EE 09004
15. GOVARDHANA
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 MEE 09015
-4-
16. M. VENKATESH
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 CE 10023
17. KOTRESH M.
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 EE 09018
18. SURESH GOUDA B
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 MT 10044
19. R.M. SATISH
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 MT 10035
20. R. SHIVAKUMAR
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 MT 10038
21. R PRAVEEN
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 EE 10034
-5-
22. HASENSAB B.M.
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST.BELLARY
REG. NO. 520 EE 10014
23. D. DINESHKUMAR
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 MT 10005
24. HONNALLI SIDDAYYA
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 EE 10015
25. GHANA SHYAM YADAV
AGE: 21 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 CE 10004
26. HONNURSWAMY G.
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 MT 10009
27. CHANNARAPU CHANDRASHEKAR
AGE: 20 YEARS, OCC: STUDENT
RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY, DIST: BELLARY
REG. NO. 520 EE 10005
... APPELLANTS
(BY Smt : SUNITHA P KALASOOR, ADV.)
-6-
AND:
1. STATE OF KARNATAKA
R/BY SECRETARY
TECHNICAL EDUCATION EXAMINATION BOARD
MULTI STORIED BUILDING
BANGALORE
2. THE DIRECTOR
TECHNICAL EDUCATION DEPARTMENT
SHESHADRI ROAD
BANGALORE
3. RAJESHWARI POLYTECHNIC COLLEGE
KOLUR VILLAGE, BELLARY
DIST: BELALRY
R/BY ITS PRINCIPAL
... RESPONDENTS
(BY SRI. DINESH RAO, GA)
---
THIS WRIT APPEAL IS FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING THAT THE
APPELLANTS MAY KINDLY BE ALLOWED TO AMEND THE
WRIT APPEAL AS AND WHEN NECESSARY, CALL FOR
RELEVANT RECORDS IN WP NO.66750-781/2012[EDN-AD],
SET ASIDE THE ORDER DTD.16.11.2012 PASSED IN WP
NO.66750-781/2012 [EDN-AD] AND ALLOW THE PRAYER
OF THE SAID WRIT PETITION.
-7-
IN W.A. NOs. 31142-31187/2012
BETWEEN:
1. HANMANTGOUDA R. PATIL
AGE: 21 YEARS, OCC: STUDENT
R/O. ALMATTI DAM, SITE F 129,
DIST: BIJAPUR
REG. NO. 152 CS 08010
2. VIJAY KUMAR SHANKAR TALWAR
AGE: 20 YEARS, OCC: STUDENT
R/O. SHIRUR RAILWAY GATE
BAGALKOT
REG. NO. 152 ME 09038
3. AJEET BHIMSEN PATIL
AGE: 20 YEARS, OCC: STUDENT
R/O. NEAR AMBA BHAVANI TEMPLE
MATPATHI GALLI, BIJAPUR
REG. NO. 152 CE 09001
4. VIKAS SOMASHEKAR DEVANAGAVI
AGE: 20 YEARS, OCC: STUDENT
R/O. HUNDEKAR GALLI, BAGALKOT
REG. NO. 152 CS 10058
5. KONAPPA SANGAPPA KALKUTAGAR
AGE: 28 YEARS, OCC: STUDENT
R/O. BHAGAVATI VILLAGE,
BAGALKOT
REG. NO. 152 CS ME 11307
-8-
6. MANJUNATH MAGUNDAPPA ADAVI
AGE: 22 YEARS, OCC: STUDENT
R/O. SIKKERI TALUKA BAGALKOT
REG. NO. 152 ME 11309
7. PARAKASH BHEEMAPPA BHAVI
AGE: 21 YEARS, OCC: STUDENT
R/O. KONKANKOPPA BADAMI TALUKA
BAGALKOT
REG. NO. 152 ME 11310
8. GODACHAPPA VEERABHADRAPPA JADAGOUDAR
AGE: 20 YEARS, OCC: STUDENT
R/O. SHIRGUPPI POST BENNUR BAGALKOT
REG. NO. 152 CE 10013
9. SADDAM HUSEN KAMANGAR
AGE: 21 YEARS, OCC: STUDENT
R/O. GULEADGUDDA, BAGALKOT
REG. NO. 151 CE 08019
10. JAVEED HUSEN MEERSAB YADAWAD
AGE: 20 YEARS, OCC: STUDENT
R/O. RAGAVENDRA TEMPLE, MUSEM ROAD,
BADAMI, DIST.BAGALKOT
REG. NO. 152 CS 10011
11. CHETAN CHIDAMBAR JOSHI
AGE: 22 YEARS, OCC: STUDENT
R/O. BADAMI, DIST: BAGALKOT
REG. NO. 152 CE 08009
12. SACHINKUMAR SHIVABASAPPA HALAGATTI
AGE: 20 YEARS, OCC: STUDENT
R/O. RAMDURGA, DIST: BELGAUM
REG. NO. 152 CE 10013
-9-
13. PRADEEP NAGARAJ DODAMANI
AGE: 20 YEARS, OCC: STUDENT
R/O. GADDANKERI, DIST: BAGALKOT
REG. NO. 152 CS 10030
14. SHWETA A. PATIL
AGE: 20 YEARS, OCC: STUDENT
R/O. MAIN ROAD BAGALKOT
DIST: BAGALKOT
REG. NO. 152 CE 10047
15. SWATI H.
AGE: 20 YEARS, OCC: STUDENT
R/O. NEAR HEAD POST OFFICE,
DIST: BAGALKOT
REG. NO. 152 CS 10051
16. PANDURANG LAXMAN DASAR
AGE: 21 YEARS, OCC: STUDENT
R/O. NAVANAGAR BAGALKOT
DIST: BAGALKOT
REG. NO. 152 ME 09018
17. MANJUNATH DASHARATH KURI
AGE: 20 YEARS, OCC: STUDENT
R/O. PLOT NO. 50, 8TH MAIN CROSS
VIDYAGIRI, BAGALKOT
REG. NO. 550 CE 10003
18. SHIVAKUMAR GOOLAPPA RAKARADDI
AGE: 20 YEARS, OCC: STUDENT
R/O. PLOT NO. S 135, SECTOR NO. 57,
NAVANAGAR, BAGALKOT
REG. NO. 550 CE 10007
19. VISHWA A. KAWALLI
AGE: 20 YEARS, OCC: STUDENT
- 10 -
R/O. YANKANCHI MANI NAGAR,
BADAMI DIST: BAGALKOT
REG. NO. 550 CE 10011
20. HANMANTHGOUDA SIDDANGOUDA PATIL
AGE: 20 YEARS, OCC: STUDENT
R/O. 3RD CROSS, VIDYAGIRI
DIST: BAGALKOT
REG. NO. 151 ME 09010
21. RAMESH MANAPPA VISHWAKARM
AGE: 20 YEARS, OCC: STUDENT
R/O. 3RD CROSS, VIDYAGIRI
DIST: BAGALKOT
REG. NO. 164 CE 09037
22. SIDDALINGESH ANGADI
AGE: 22 YEARS, OCC: STUDENT
R/O. ALMATTI, DIST: BAGALKOT
REG. NO. 320 CS 09022
23. AKSHAY NAYANGALI
AGE: 20 YEARS, OCC: STUDENT
R/O. GULEADGUDDA, DIST. BAGALKOT
REG. NO. 320 EE 08002
24. SHANTANGOUDA KAVITHAL
AGE: 22 YEARS, OCC: STUDENT
R/O. MAIN ROAD, GULEADGUDDA
DIST. BAGALKOT
REG. NO. 320 EE 09037
24. MAHADEV KALAPPANAVAR
AGE: 20 YEARS, OCC: STUDENT
R/O. GULEDGUDDA, DIST.BAGALKOT
REG. NO. 320 EE 09017
- 11 -
26. SANGMESH M. JAINAPUR
AGE: 20 YEARS, OCC: STUDENT
R/O. NEAR GANESH TEMPLE,
GULEDAGUDDA, DIST.BAGALKOT
REG. NO. 320 EE 09035
27. SHRIKANT HADPAD
AGE: 20 YEARS, OCC: STUDENT
R/O. GULEDGUDDA, DIST.BAGALKOT
REG. NO. 320 TE 10026
28. NAVEEN MANUATAGI
AGE: 20 YEARS, OCC: STUDENT
NEAR GANESH TEMPLE
GULEDGUDDA, DIST: BAGALKOT
REG. NO. 320 EE 09024
29. KAVITA S. JANALE
AGE: 22 YEARS, OCC: STUDENT
R/O. NEAR GANESH TEMPLE
GULEDGUDDA, DIST: BAGALKOT
REG. NO. 320 EC 09019
30. ASHWINI KULKARNI
AGE: 22 YEARS, OCC: STUDENT
GULEDGUDDA, DIST: BAGALKOT
REG. NO. 320 CS 09001
31. RAVI P. LAMANI
AGE: 20 YEARS, OCC: STUDENT
GULEDGUDDA, DIST: BAGALKOT
REG. NO. 320 EE 09030
- 12 -
32. BANEPPA Y. KUNTOJI
AGE: 20 YEARS, OCC: STUDENT
GULEDGUDDA, DIST: BAGALKOT
REG. NO. 320 EE 09008
33. HANMANTH M. NARINUR
AGE: 20 YEARS, OCC: STUDENT
GULEDGUDDA, DIST: BAGALKOT
REG. NO. 320 EE 09012
34. SHIVAKUMAR S. HIREMATH
AGE: 20 YEARS, OCC: STUDENT
GULEDGUDDA, DIST: BAGALKOT
REG. NO. 320 EE 09039
35. ASHOK D. HOSMANI
AGE: 20 YEARS, OCC: STUDENT
KERUR, DIST: BAGALKOT
REG. NO. 320 EE 09007
36. SANTOSH BANNIKOPPA
AGE: 20 YEARS, OCC: STUDENT
GULEDAGUDDA, DIST.BAGALKOT
REG. NO. 320 EC 10043
37. RAJESHEKAR SARANGMATH
AGE: 20 YEARS, OCC: STUDENT
R/O. GULEDAGUDDA , DIST.BAGALKOT
REG. NO. 320 EE 08027
38. PRAKASH B. ROJI
AGE: 20 YEARS, OCC: STUDENT
R/O. BADAMI, DIST.BAGALKOT
REG. NO. 320 CE 10017
- 13 -
39. SHRIDHAR ASHOK BASHETTI
AGE: 21 YEARS, OCC: STUDENT
R/O. 5TH CROSS ANAND NAGAR,
BADAMI. DIST. BAGALKOT
REG. NO. 320 EC 10051
40. CHANDRAKANT H. TALLIKERI
AGE: 21 YEARS, OCC: STUDENT
R/O. AMINGAD, TQ: HUNGUNDH
DIST BAGALKOT.
REG. NO. 320 EC 09012
41. MAHANTESH BHRAMANAND DYAVANNAVAR
AGE: 21 YEARS, OCC: STUDENT
R/O. HIRMUCHAL GUDDA, TQ: BADAMI
DIST.BAGALKOT.
REG. NO. 320 EC 10025
42. KIRAN KUMAR S. RATHOD
AGE: 21 YEARS, OCC: STUDENT
R/O. GULEDGUDDA, TQ: BADAMI
DIST.BAGALKOT.
REG. NO. 320 EC 10021
43. SHRISHAIL H. MUKASHI
AGE: 21 YEARS, OCC: STUDENT
R/O. GULEDGUDDA, TQ: BADAMI
DIST. BAGALKOT.
REG. NO. 320 EC 09049
44. SITARAM A. MUTALIK
AGE: 21 YEARS, OCC: STUDENT
R/O. NEAR RAGAVENDRA MAT TEMPLE
BADAMI, DIST.BAGALKOT.
REG. NO. 320 EC 10056
- 14 -
45. HUCCHESH C. HUCCAPPAYYANAMT
AGE: 21 YEARS, OCC: STUDENT
R/O. KUTGENKERI, TQ: BADAMI
DIST. BAGALKOT.
REG. NO. 320 EE 09013
46. MAHANT RAJASHEKAR GANGADHARMAT
AGE: 19 YEARS, OCC: STUDENT
R/O. SHIVAGIRI, DHARWAD
REG. NO.501 EC 09021
... APPELLANTS
(BY SRI. SADASHIV S PATIL, ADV.)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
VIDHAN SOUDHA, BANGALORE
2. THE DIRECTOR OF TECHNICAL EDCUATION
DEPARTMENT OF TECHNICAL EDUCATION
PALACE ROAD, BANGALORE
3. THE PRINCIPAL
GOVERNMENT POLYTECHNIC COLLEGE
BAGALKOT, COLLEGE CODE 152
4. THE PRINCIPAL
VIDYA PRASAR MANDALA POLYTECHNIC
BAGALKOT, COLLEGE CODE 550
5. THE PRINCIPAL
S.R. NIRANI GOVERNMENT POLYTECHNIC
COLLEGE BILAGI, COLLEGE CODE 151
- 15 -
5. THE PRINCIPAL
S.R.V.R. POLYTECHNIC COLLEGE
MUDHOL, DIST: BAGALKOT
COLLEGE CODE 164
6. THE PRINCIPAL
S.R.V.R. POLYTECHNIC COLLEGE
GULEDGUDDA, DIST. BAGALKOT
COLLEGE CODE.320
7. THE PRINCIPAL
OXFORD POLYTECHNIC COLLEGE
SHEREWADA, HUBLI
COLLEGE CODE 501
... RESPONDENTS
(BY SRI. N. DINESH RAO, GA.)
---
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO - A]
QUASH THE JUDGMENT PASSED IN WRIT PETITION
NO.71150/2012 AND OTHER CONNECTED WRIT PETITIONS
IN SO FAR THE PETITIONERS ARE CONCERNED, B] QUASH
THE GOVERNMENT CIRCULAR DTD.17.09.2012 IN DTE 22
ACM (2) 2012-2013 ISSUED BY THE SECOND RESPONDENT
VIDE ANNEXURE-A AND C] DIRECT THE RESPONDENTS
NO.2 TO 8 TO PERMIT THE PETITIONERS TO CONTINUE
THE FINAL YEAR DIPLOMA COURSE 5TH SEMESTER FOR
THE ACADEMIC YEAR 2012-13 BY APPLYING CARRY OVER
SYSTEM.
- 16 -
W.A. NOs. 31269-31302/2012
BETWEEN:
1. SHIVANAND B. LAKKANNAVAR
AGE: 26 YEARS, OCC: STUDENT
R/O. BSNL STAFF QUARTERS RAYAPUR
DHARWAD
REG. NO. 404 ME 06039
2. ARJUN S. ANGADI
AGE: 21 YEARS, OCC: STUDENT
R/O. KARIYAMMANKAL BADAVANE
GADAG, REG NO. 404 ME 09001
3. SAMARTH S. KULKARNI
AGE: 21 YEARS, OCC: STUDENT
R/O. MANJUNATH NAGAR, GOKUL ROAD,
HUBLI, REG NO. 404 ME 09040
4. ANAND H. KANKANWADI
AGE: 22 YEARS, OCC: STUDENT
R/O.MUDHOL, TQ: UTAAR
DIST: BAGALKOT
REG NO. 320 ME 10002
5. SHRIKANT LAXMAN TORAVATI
AGE: 21 YEARS, OCC: STUDENT
R/O. GANPATI GALLI, BELGAUM
REG NO. 179 CE 09049
6. SALIM MAHIBOOBSAB KAKAMARI
AGE: 21 YEARS, OCC: STUDENT
R/O. ATHANI, BELGAUM
DIST: BELGAUM
REG NO. 179 EC 09045
- 17 -
7. SANJEEV SADASHIV HARAGINAMANI
AGE: 21 YEARS, OCC: STUDENT
R/O. ATHANI , BELGAUM
DIST: BELGAUM
REG NO. 179 EC 10044
8. AFRIN ABDULLA BIRADAR
AGE: 20 YEARS, OCC: STUDENT
R/O. ATHANI, DIST: BELGAUM
REG NO. 179 EC 10003
9. BHAGYASHREE GANAPATI TODAKAR
AGE: 21 YEARS, OCC: STUDENT
R/O. ATHANI, BELGAUM
DIST: BELGAUM
REG NO. 179 EC 10011
10. NISHA RAJU SUWARE
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 AT 09032
11. SHRUTI NARAYAN KITTURKAR
AGE: 22 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 AT 09052
12. MAHALAXMI MADHUKAR GASTI
AGE: 22 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 AT 09022
13. MANJUNATH BALASAB MAGDUM
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 AT 09026
- 18 -
14. PRAKASH BASAVRAJ NAIK
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 AT 09037
15. VINDOD ASHOK CHIKKODI
AGE: 22 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 EE 10057
16. VISHWANATH GOPAL KORADI
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 EE 10062
17. KADAM ROHAN RAVINDRA
AGE: 21 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 ME 09014
18. SANDEEP SHRIMANT SANNAIKS
AGE: 21 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 EC 09042
19. NARAYAN SURESH NAIK
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 EC 10030
20. TAZAMUL HUSSAIN DESAI
AGE: 21 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 EC 10059
- 19 -
21. SHRIDEVI BASAPPA KABBUR
AGE: 21 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 EC 10051
22. KRUTIKA PRATAP GUDDADAMANI
AGE: 21 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 EE 09023
23. SANGEETA LAGAMANNA PUJERI
AGE: 21 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 EE 09050
24. RENUKA RAMACHANDRA SANADI
AGE: 21 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 EC 10041
25. VIJAYALAXMI RAJENDRA ARIBENCHI
AGE: 21 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 EC 10061
26. PRAGATI PUNDALIK SHINDHE
AGE: 21 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 ME 09028
27. SATISH ANAND BOJGAR
AGE: 21 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 113 ME 08051
- 20 -
28. VIKRAM PATIL DINAKAR
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 303 CS 09030
29. HARSHAL ASHOK BIRJE
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 303 CS 07010
30. MADHAV BABURAO PATIL
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 303 CS 09018
31. SUSHANT CHANDRAKANT KAMBLE
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 303 CS 09052
32. SHRIDHAR DAMODAR GHOLSE
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 303 CS 09047
33. RAJU ANAND BOJGAR
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 303 ME 09062
34. TEJASWINI TUKARAM PATIL
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 303 ME 09056
- 21 -
35. AJIT ARJUN GUNJIKAR
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 312 AT 10002
35. UMESH CHANNAPPA KUMBAR
AGE: 20 YEARS, OCC: STUDENT
R/O. BELGAUM, DIST: BELGAUM
REG NO. 312 AT 06041
... APPELLANTS
(BY SRI. SADASHIV S PATIL, ADV.)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
VIDHAN SOUDHA, BANGALORE
2. THE DIRECTOR OF TECHNICAL EDCUATION
DEPARTMENT OF TECHNICAL EDUCATION
PALACE ROAD, BANGALORE
3. THE PRINCIPAL
GOVERNMENT POLYTECHNIC COLLEGE
TARIHAL, HUBLI, COLLEGE CODE 404
4. THE PRINCIPAL
S.R.V.R. POLYTECHNIC COLLEGE
GULEDGUDDA, BAGALKOT DIST.
COLLEGE CODE, 320
6. THE PRINCIPAL
GOVERNMENT POLYTECHNIC COLLEGE
ATHANI, DIST: BELGAUM
COLLEGE CODE 179
- 22 -
6. THE PRINCIPAL
GOVERNMENT POLYTECHNIC COLLEGE
BELGAUM
COLLEGE CODE 113
7. THE PRINCIPAL
MARATA MANDAL POLYTECHNIC COLLEGE
BELGAUM
COLLEGE CODE, 303
7. THE PRINCIPAL
GOMTESH POLYTECHNIC COLLEGE
BELGAUM
COLLEGE CODE, 312
... RESPONDENTS
(BY SRI. N. DINESH RAO, GA)
---
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO - A)
QUASH THE JUDGMENT PASSED IN WRIT PETITION
NO.71150/2012 AND OTHER CONNECTED WRIT PETITIONS
IN SO FAR THE PETITIONERS ARE CONCERNED, B] QUASH
THE GOVERNMENT CIRCULAR DTD.17.09.2012 IN DTE 22
ACM (2) 2012-2013 ISSUED BY THE SECOND RESPONDENT
VIDE ANNEXURE-A AND C] DIRECT THE RESPONDENTS
NO.2 TO 8 TO PERMIT THE PETITIONERS TO CONTINUE
THE FINAL YEAR DIPLOMA COURSE 5TH SEMESTER FOR
THE ACADEMIC YEAR 2012-13 BY APPLYING CARRY OVER
SYSTEM.
- 23 -
W.A. Nos. 31192-31198/2012
BETWEEN
1. VIDYASHREE C KADIBAGILU,
AGE: 21 YEARS, OCC: STUDENT,
R/O: NAVEEN PET, DISTRICT: BAGALKOT.
(REG.NO.320 EC 10061)
2. BHARAT GOVINDAGOUDA PATIL,
AGE: 21 YEARS, OCC: STUDENT,
R/O: KENDUR TALUKA BADAMI,
DIST: BAGALKOT.
(REG.NO.164 CE 10006)
3. CHANDRASHEKAR LAMANI,
AGE: 20 YEARS, OCC: STUDENT,
R/O: HIREHONGALA, DIST: BAGALKOT.
(REG.NO.550 CE 10004)
4. SIDDAPA S/O YAMANAPPA BIRADAR,
AGE: 21 YEARS, OCC: STUDENT,
R/O: NEAR KANNADA SCHOOL,
DIST: BAGALKOT.
(REG.NO.550 ME 10025)
5. HANAMANT KRISHNA KAMAKERI,
AGE: 22 YEARS, OCC: STUDENT,
R/O: POST SIMMIKERI, DIST: BAGALKOT.
(REG.NO.550 CE 10002)
6. AJIT S/O VEERANNA DODAMANI,
AGE: 21 YEARS, OCC: STUDENT,
R/O: 8TH CROSS VIDYAGIRI,
DIST: BAGALKOT.
(REG.NO.550 CE 10001)
- 24 -
8. PARASHURAM R MUDHOL,
AGE: 20 YEARS, OCC: STUDENT,
R/O: H.NO.997 GADDAN KERI
DIST: BAGALKOT.
(REG.NO.550 ME 10013)
... APPELLANTS
(BY SRI. SADASHIV S PATIL, ADV.)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY, DEPARTMENT
OF HIGHER EDUCATION, VIDHANA SOUDHA,
BANGALORE.
2. THE DIRECTOR OF TECHNICAL EDUCATION,
DEPARTMENT OF TECHNICAL EDUCATION,
PALACE ROAD, BANGALORE-1
3. THE PRINCIPAL,
S.R.V.R. POLYTECHNIC COLLEGE GULEDGUDDA,
BAGALKOT DISTRICT COLLEGE CODE 320
4. THE PRINCIPAL,
GOVERNMENT POLYTECHNIC COLLEGE MUDHOL,
BAGALKOT DISTRICT COLLEGE CODE 164
4. THE PRINCIPAL,
VIDYA PRASAR MANDALA POLYTECHNIC COLLEGE
BAGALKOT COLLEGE CODE 550
... RESPONDENTS
(BY SRI. N. DINESH RAO, GA)
- 25 -
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO, A]
QUASH THE JUDGMENT PASSED IN WRIT PETITION
NO.71150/2012 AND OTHER CONNECTED WRIT PETITIONS
IN SO FAR THE PETITIONERS ARE CONCERNED. B] QUASH
THE GOVERNMENT CIRCULAR DTD.17.09.2012 IN DTE 22
ACM (2) 2012-2013 ISSUED BY THE SECOND RESPONDENT
VIDE ANNEXURE-A AND C] DIRECT THE RESPONDENTS
NO.2 TO 8 TO PERMIT THE PETITIONERS TO CONTINUE
THE FINAL YEAR DIPLOMA COURSE 5TH SEMESTER FOR
THE ACADEMIC YEAR 2012-13 BY APPLYING CARRY OVER
SYSTEM.
W.A. NOs. 31230-31250/2012
BETWEEN:
1. PRASAD D. DESHPANDE
AGE: 21 YEARS, OCC: STUDENT
R/O. SAPTAPUR DHARWAD
REG. NO. 404 ME 10023
2. VINAYAK BHARAT JADHAV
AGE: 20 YEARS, OCC: STUDENT
R/O. KOPPADKERI DHARWAD
REG NO. 404 ME 10042
3. PRATAP PRABHAKAR SHETTY
AGE: 20 YEARS, OCC: STUDENT
R/O. DESHPANDE NAGAR, HUBLI
REG NO. 404 ME 090034
4. KANTARAJ PARASHURAM NADAGADDI
AGE: 20 YEARS, OCC: STUDENT
R/O. GIRNICHAWL, HUBLI
REG NO. 404 CE 10015
- 26 -
5. BASAVANGOUDA C. PATIL
AGE: 28 YEARS, OCC: STUDENT
R/O. GOKUL ROAD, HUBLI
REG NO. 404 ME 09003
6. MANJUNATH KRISHNA GHODKE
AGE: 22 YEARS, OCC: STUDENT
R/O. NEHRU NAGAR, HUBLI
REG NO. 404 ME 09025
7. KESHAV GOPAL GOLLAR
AGE: 21 YEARS, OCC: STUDENT
R/O. NEAR SIDDARUD MAT HUBLI
REG NO. 404 CE 09014
8. PRABHULING MAHADEVAPPA RAMANAL
AGE: 20 YEARS, OCC: STUDENT
R/O. HIREHONNIHAL VILLAGE OF KHALGHATAGI
TALUK & DIST. DHARWAD
REG NO. 167 ME 10034
9. VIKRAM LAXMAN KADLESKAR
AGE: 21 YEARS, OCC: STUDENT
R/O. VIDYAGIRI DHARWAD
DHARWAD
REG NO. 167 ME 10048
10. SANGMESH B. DODMANI
AGE: 20 YEARS, OCC: STUDENT
R/O. VIDYANAGAR, HUBLI
REG NO. 404 ME 10030
11. MALLIKARJUN R. PATIL
AGE: 22 YEARS, OCC: STUDENT
R/O.S.M. KRISHNA NAGAR OLD
HUBLI, REG NO. 404 ME 10015
- 27 -
12. VINOD KUMAR MADARI
AGE: 22 YEARS, OCC: STUDENT
R/O. VINOBA NAGAR RGS
HUBLI, REG NO. 404 CS 10047
13. VENKATESH A. MANDADE
AGE: 20 YEARS, OCC: STUDENT
R/O. ARVIND NAGAR, OLD HUBLI
HUBLI, REG NO. 404 CS 10045
14. ARUN MARADI
AGE: 20 YEARS, OCC: STUDENT
R/O. NEAR GURUDATTA BHAVAN
VIDHYANAGAR, HUBLI
REG NO. 404 ME 09002
15. AMIT K. KALAL
AGE: 21 YEARS, OCC: STUDENT
R/O. SHARAVATI NAGAR, OLD HUBLI
HUBLI. REG NO. 404 ME 10003
16. PRASHANT S. RAVALAPPANAVAR
AGE: 22 YEARS, OCC: STUDENT
R/O. GANDIWADA ALNAWAR
REG NO. 501 CE 09035
17. KARTHIK S. RAMSAGAR
AGE: 20 YEARS, OCC: STUDENT
R/O. ROOM 23, BALCHANDRA SADHAN
NEAR GURU DATTA BHAVAN, VIDYANAGAR, HUBLI
REG NO. 501 ME 10014
18. MANJUNATH Y. SUDI
AGE: 24 YEARS, OCC: STUDENT
R/O. KUKNOOR, KOPPAL
DIST: KOPPAL, REG NO. 351 EC 08028
- 28 -
19. MOHAMMAD RAFIQ A. ITAGI
AGE: 22 YEARS, OCC: STUDENT
R/O. KUKNOOR, KOPPAL
DIST: KOPPAL, REG NO. 351 EC 09018
20. RAGAVENDRA B. BALIGERI
AGE: 20 YEARS, OCC: STUDENT
R/O. KUKNOOR, KOPPAL
DIST: KOPPAL, REG NO. 351 EC 10046
21. NINGARAJ S. KUMBAR
AGE: 21 YEARS, OCC: STUDENT
R/O. KOLIHAL, POST: GUNNAL TALUKA
YALBURGA, DIST: KOPPAL
REG NO. 351 EC 10039
... APPELLANTS
(BY SRI. SADASHIV S PATIL, ADV.)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
VIDHAN SOUDHA, BANGALORE
2. THE DIRECTOR OF TECHNICAL EDCUATION
DEPARTMENT OF TECHNICAL EDUCATION
PALACE ROAD, BANGALORE
3. THE PRINCIPAL
GOVERNMENT POLYTECHNIC COLLEGE
TARIHAL, HUBLI
COLLEGE CODE 404
- 29 -
4. THE PRINCIPAL
OXFORD POLYTECHNIC COLLEGE
SHEREWADA HUBLI
COLLEGE CODE 501
5. THE PRINCIPAL
DR. G.S.M. R. GOVERNMENT POLYTECHNIC
COLLEGE, KUKNOOR, KOPPAL DIST.
COLLEGE CODE 351
... RESPONDENTS
(BY SRI. N. DINESH RAO, GA)
---
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO A]
QUASH THE JUDGMENT PASSED IN WRIT PETITION
NO.71150/2012 AND OTHER CONNECTED WRIT PETITIONS
IN SO FAR THE PETITIONERS ARE CONCERNED, B] QUASH
THE GOVERNMENT CIRCULAR DTD.17.09.2012 IN DTE 22
ACM (2) 2012-2013 ISSUED BY THE SECOND RESPONDENT
VIDE ANNEXURE-A AND C] DIRECTING THE RESPONDENTS
NO.2 TO 8 TO PERMIT THE PETITIONERS TO CONTINUE
THE FINAL YEAR DIPLOMA COURSE 5TH SEMESTER FOR
THE ACADEMIC YEAR 2012-13 BY APPLYING CARRY OVER
SYSTEM.
W.A. NOS.31305-31330/2012
BETWEEN:
1. MARUTI SIDDANNA DALWAI,
AGE: 21 YEARS, OCC: STUDENT,
R/O: MULCHAKANDI QUARTERS, SADAR CHAL,
BAGALKOT DISTRICT.
(REG.NO. 151 ME 10026)
- 30 -
2. MAHANTESH SADASHIV PARTHANAHVALLI,
AGE: 20 YEARS, OCC: STUDENT,
R/O: KOLLUR TALUKA BILAGI, BAGALKOT.
(REG NO. 151 EC 10014)
3. MOHAMMAD ISMAIL BALIKAI,
AGE: 20 YEARS, OCC: STUDENT,
R/O: NEAR OLD BAZI MARKET, HALPETH,
BAGALKOT (REG NO. 151 EC 10016)
4. DAVALSAB A NADAF,
AGE: 21 YEARS, OCC: STUDENT,
R/O: SHRI SIDDESHWAR NAGAR, BILAGI,
BAGALKOT (REG NO. 151 EC 10009)
5. SHRIDHAR VISHWANATH LESAPPAGOL,
AGE: 20 YEARS, OCC: STUDENT,
R/O: MANGULI VILLAGE, TQ: B.BAGEWADI,
DIST: BIJAPUR.
(REG. NO. 151 EC 10049)
6. CHANDRASHEKAR NEELAPPA MADAR,
AGE: 21 YEARS, OCC: STUDENT,
R/O: NAVSALGI, TQ: BAGEWADI,
DIST: BIJAPUR.
(REG. NO. 151 ME 10009)
7. SAGAR RAMCHANDRA RAO,
AGE: 21 YEARS, OCC: STUDENT,
R/O: BAGALKOT. (REG. NO. 152 ME 11310)
8. KARIYAPPA YALAPPA KURI
AGE: 18 YEARS, OCC: STUDENT,
R/O: DADANATTI, TQ: MUDOLA,
DIST: BAGALKOT.
(REG.NO. 151 CE 10018)
- 31 -
9. SANTOSH RACHUTAPPA HALIJOL,
AGE: 21 YEARS, OCC: STUDENT,
R/O: LINGADOLLI, TQ: BIJAPUR,
(REG. NO. 151 CE 10044)
10. SHASHIDHAR B AMETAPPANAVAR,
AGE: 21 YEARS, OCC: STUDENT,
R/O: ANAND NAGAR, 2ND CROSS, BADAMI,
(REG. NO. 151 ME 10045)
11. MANJUNATH M KUDAGI,
AGE: 22 YEARS, OCC: STUDENT,
R/O: HERAKAL, TQ: BILAGI,
DIST: BAGALKOT.
(REG. NO. 151 ME 10024)
12. MANJUNATH V PATIL,
AGE: 20 YEARS, OCC: STUDENT,
R/O: ARLIKATTI, TQ: MUDHOL,
DIST: BAGALKOT.
(REG.NO. 151 ME. 10025)
13. SHIRAJ I MULLA,
AGE: 21 YEARS, OCC: STUDENT,
R/O: BILAGI, DIST: BAGALKOT.
(REG.NO. 151 CE. 10051)
14. MALLIKARJUN R AVARADI,
AGE: 21 YEARS, OCC: STUDENT,
R/O: HALAGALI, TQ: MUDHOL,
DIST: BAGALKOT. (REG. NO. 151 CE 10024)
15. PRASHANT KUMAR S UMMARAGI,
AGE: 20 YEARS, OCC: STUDENT,
R/O: KADKOL, TQ: BASVAN BAGEWADI,
DIST: BIJAPUR. (REG. NO. 151 CE 09024)
- 32 -
16. MAHESHAJABIN BASEER AHMMAD KOLHAR,
AGE: 21 YEARS, OCC: STUDENT,
R/O: BAGALKOT. (REG.NO. 151 EC 10015)
17. SUVARNA M. NYAMGOUDAR,
AGE: 21 YEARS, OCC: STUDENT,
R/O: BAGALKOT.
(REG.NO. 151 CS 10042)
18. MARUTI K LAMANI,
AGE: 20 YEARS, OCC: STUDENT,
R/O: BAGALKOT.
(REG.NO. 151 CS 10018)
19. LAXMI S KALYANI,
AGE: 20 YEARS, OCC: STUDENT,
R/O: LOKAPUR, TQ: MUDHOL,
DIST: BAGALKOT.
(REG.NO. 151 CS 10013)
20. DEEPA GORVAR,
AGE: 20 YEARS, OCC: STUDENT,
R/O: BAGALKOT.
(REG.NO. 151 CE 10012)
21. RAHUNATH R INAMDAR,
AGE: 20 YEARS, OCC: STUDENT,
R/O: ILKAL, TQ: HUNGUND, DIST: BAGALKOT.
(REG.NO. 151 CE 10036)
22. RAHUL S METRE,
AGE: 20 YEARS, OCC: STUDENT,
R/O: BAGALKOT.
(REG NO. 151)
- 33 -
23. NAGARAJ C BENNAL,
AGE: 20 YEARS, OCC: STUDENT,
R/O: BAGALKOT.
(REG NO. 151 ME 10029)
24. SHRISHAIL YALAPPA MURAKACHITTI,
AGE: 20 YEARS, OCC: STUDENT,
R/O: BEHIND CEMENT FACTORY, BAGALKOT.
(REG NO. 151 EC 10050)
25. NARAHARI ARAVIND KARJOL,
AGE: 21 YEARS, OCC: STUDENT,
R/O: BAGALKOT.
(REG NO. 151 CS 10022)
25. ANNAND BASAVARAJ MATTIKATTI,
AGE: 21 YEARS, OCC: STUDENT,
R/O: KERUR, TQ: BADAMI,
DIST: BAGALKOT.
(REG NO. 364 ME 08003)
... APPELLANTS
(BY SRI. SADASHIV S PATIL, ADV.)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
VIDHANA SOUDHA, BANGALORE.
2. THE DIRECTOR OF TECHNICAL EDUCATION
DEPARTMENT OF TECHNICAL EDUCATION,
PALACE ROAD, BANGALORE-1
- 34 -
3. THE PRINCIPAL,
GOVERNMENT POLYTECHNIC COLLEGE,
BILAGI COLLEGE,
CODE 151.
... RESPONDENTS
(BY SRI. N. DINESH RAO, GA)
---
THESE WRIT APPEALS ARE FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO A]
QUASH THE JUDGMENT PASSED IN WRIT PETITION
NO.71150/2012 AND OTHER CONNECTED WRIT PETITIONS
IN SO FAR THE PETITIONERS ARE CONCERNED, B] QUASH
THE GOVERNMENT CIRCULAR DTD.17.09.2012 IN DTE 22
ACM (2) 2012-2013 ISSUED BY THE SECOND RESPONDENT
VIDE ANNEXURE-A AND C] DIRECTING THE RESPONDENTS
NO.2 TO 8 TO PERMIT THE PETITIONERS TO CONTINUE
THE FINAL YEAR DIPLOMA COURSE 5TH SEMESTER FOR
THE ACADEMIC YEAR 2012-13 BY APPLYING CARRY OVER
SYSTEM.
W.A. NO.31335/2012
BETWEEN:
1. MARUTI SHANKAR KURI
AGE: 22 YEARS, DIPLOMA STUDENT
R/O. SHIROL, TQ. MUDHOL
DIST. BAGALKOT
2. BHARATESH, S/O. UMMANNA PARAMANGOND
AGE: 22 YEARS, DIPLOMA STUDENT
R/O. ALAGUR, TQ. MUDHOL
DIST. BAGALKOT
- 35 -
3. RAGHAVENDRA, S/O. ONKARAPPA HUGAR
AGE: 22 YEARS, DIPLOMA STUDENT
R/O. CHANNAL, TQ. MUDHOL
DIST. BAGALKOT
4. BASAVARAJ, S/O. TIPPANNA TELI
AGE: 22 YEARS, DIPLOMA STUDENT
R/O. ASANGI, TQ. JAMKHANDI
DIST. BAGALKOT
5. KIRAN BALASAHEB ADANNAVAR
AGE: 22 YEARS, DIPLOMA STUDENT
R/O. TERDAL, TQ. JAMKHANDI
DIST. BAGALKOT
6. NANDESH MALLAPPA CHANNAL
AGE: 24 YEARS, DIPLOMA STUDENT
R/O. KHAVATAKOPPA, TQ. ATHANI
DIST. BAGALKOT
7. PRASHANT RAMESH ARAKERI
AGE: 20 YEARS, DIPLOMA STUDENT
R/O. YADAHALLI, TQ: BILAGI
DIST. BAGALKOT
8. ANAND SIDDALINGAPPA B. PATIL
AGE: 22 YEARS, DIPLOMA STUDENT
R/O. YABARATTI, TQ: RAIBAG
BELGAUM DIST.
9. SUNIL APPASAB GADIWIDDAR
AGE: 22 YEARS, DIPLOMA STUDENT
R/O. UGAR K. H. TQ: ATHANI
BELGAUM DIST.
- 36 -
10. BASAVARAJ RAMANAGOUDA PATIL
AGE: 21 YEARS, DIPLOMA STUDENT
R/O. DEVARGENNUR
TQ. & DIST. BIJAPUR
11. YAMANAPPA YALLAPPA GOWDRA
AGE: 21 YEARS, DIPLOMA STUDENT
R/O. SURALIAKALL, TQ: HUNGUND
BAGALKOT DIST.
12. LAXMAN, S/O. MALLAPPA HOSALAKAR
AGE: 22 YEARS, DIPLOMA STUDENT
R/O. ZUNJARWAD, TQ: ATHANI
BELGAUM DIST.
13. SHIVANAND, S/O. HANAMANTH SUNNAL
AGE: 21 YEARS, DIPLOMA STUDENT
R/O. MUDHOL, TQ:; MUDHOL
DIST. BAGALKOT
14. BASAVARAJ, S/O. KALMESH KUMBAR
AGE: 22 YEARS, DIPLOMA STUDENT
R/O. MUDHOL, TQ: MUDHOL
DIST. BAGALKOT
... APPELLANTS
(BY SRI. A. R. PATIL, ADV.)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
VIDHANA SOUDHA, BANGALORE - 01
- 37 -
2. THE DIRECTOR OF TECHNICAL EDUCATION
DEPARTMENT OF TECHNICAL EDUCATION,
PALACE ROAD, BANGALORE-1
3. THE PRINCIPAL,
J. V. MANDAL'S POLYTECHNIC COLLEGE
TERDAL, BAGALKOT DIST.
... RESPONDENTS
(BY SRI. N. DINESH RAO, GA)
---
THIS WRIT APPEAL IS FILED U/S.4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET
ASIDE THE ORDER DATED 16.11.2012 PASSED BY THE
LEARNED SINGLE JUDGE IN W.P.NO.70782 TO 70795/2012
AND TO ALLOW THE WRIT PETITIONS FILED BY THE
APPELLANTS AS PRAYED FOR BY ALLOWING THE APPEAL
IN THE ENDS OF JUSTICE.
THESE APPEALS COMING UP FOR ORDERS THIS DAY,
K.SREEDHAR RAO, J DELIVERED THE FOLLOWING
JUDGMENT:
JUDGMENT The appellants, who are the students of Diploma in Engineering course, aggrieved by the circular issued by the Director of Technical Education dated 17.09.2012, which declares that, any student who has failed in more than 8 subjects in the previous semesters 1 to 4, would not be eligible for admission to the next semester.
- 38 -
2. In the instant case, the appellants had appeared for examination to the 4th semester and they had failed in more than 8 subjects from 1st semester to 4th semester. The appellants have filed the writ petitions before this Court challenging the validity of the circular, wherein an interim order has been passed directing admission of the appellants to the 5th semester course subject to the result of the writ petitions.
3. In the course of hearing of the writ petitions, the 2nd respondent, as a one time measure, relaxed the backlog subjects to 10 and those who have failed in more than 10 subjects in semesters 1 to 4 are held to be not eligible for admission to the 5th semester and the Government passed order dated 01.08.2009 to that effect. The learned Single Judge, keeping in view the said order, disposed of the writ petitions by making following observations in para 4 of the order:
- 39 -
"4. In the result these petitions are disposed of by directing the respondent - State of Karnataka, represented by its Secretary, Technical Education Examination Board and the Director, Technical Education Department, to issue instructions to the colleges concerned:
i. to promote the students to the 5th Semester of the Diploma course if they have failed in 10 or less subjects in Semesters 1 to 4;
ii. to hold additional classes for the petitioners and all other students similarly circumstanced, in which they shall attend to secure the required minimum percentage of attendance to appear for 5th semester examination when conducted.
iii. To promote students to the 3rd semester of the Diploma course if failed in 10 or less subjects in 1st and 2nd semester;
iv. To conduct internal examinations for the said students;
v. That the aforementioned "carry over system" is a one time measure applicable to the said students for the academic year 2012-12 only;
- 40 -
vi. That students promoted to the 3rd and 5th semester of Diploma course pursuant to the interim order if found to be ineligible for promotion having failed to comply with the aforesaid "carry over system", be discharged and the course fee refunded forthwith;
vii. To permit the aforesaid students to pay the course fee etc, without fine, within a fortnight from today;
The respondent-State is further directed to issue appropriate order declaring that the promotion of the aforesaid students to higher semesters during the academic year 2012-2014 in the Diploma Course, shall be strictly in accordance with the Government Order dt.1.8.2009."
4. The order of the learned Single Judge indicate that, a student is eligible for promotion to the 5th semester, if he has failed in 10 or less subjects in semesters 1 to 4 and; students who have promoted to 3rd or 5th semester of Diploma Course pursuant to the interim order, if found to be ineligible for promotion if they have failed in more than 10 subjects and
- 41 -
they be discharged and the course fee refunded forthwith. The appellants aggrieved by the said order have filed this appeal.
5. The writ petitions No.69608/2012 and other batch cases related to the same subject matter filed by the other students before the Circuit Bench, Dharwad came to be disposed of by a similar order dated 16.11.2012.
6. It is the contention of the learned Counsel for the appellants that, Diploma in Engineering course come under the jurisdiction of the All India Council for Technical Education (AICTE) and that, State has no power to frame rules or regulations regarding the conduct of examinations and with regard to carry over system. Alternatively, it is argued that, the appellants have appeared for two internal examinations and practical examination and they have to write theory examination. All the appellants are admittedly failed in more than 10 subjects. It is submitted that as a one time measure, the appellants be permitted to appear for the
- 42 -
theory examination of 5th semester and also they would appear for the examinations of the subjects in which they have failed in semesters 1 to 4. If they were to succeed in passing in some failed subjects and if the backlog of failures got limited to 10 subjects, they may be permitted to seek admission for 6th Semester and if the backlog is more than 10 subjects, their admission to 5th Semester may be declared as void.
7. On thorough consideration of the submissions made at the bar, the Government had issued a circular limiting the backlog of failures to an extent of 8 subjects in the previous semesters in order to be eligible for promotion to the next semester. However, as one time measure, during the pendancy of the writ petitions, the Government took a policy to permit carry over to the student who have failed in subjects up to 10 in the previous semesters 1 to 4, in order to be eligible for admission to 5th semester. The admission of the appellants to the 5th semester during the pendancy of writ
- 43 -
petitions was made on the basis of an interim order, subject to the result of the writ petitions.
8. The contention that the Technical Board has no jurisdiction to regulate regarding the conduct of examination and to declare the benefit of carry over system and the jurisdiction lies only with the AICTE is untenable. The jurisdiction of AICTE broadly covers grant of affiliation on fulfillment of infrastructure facilities and also to lay down norms and guidelines with regard to syllabus, curriculum etc. However, with regard to the conduct of examination AICTE has no role to play. It is only the respondent No.2 who has to conduct examination and declare the results of the students. With regard to carry over system, the jurisdiction lies with the respondent No.2. The AICTE has nothing to do with the policy regarding carry over system. However, if the policy of carry over system of the Government is too liberal which affects the standards of education, the AICTE can intervene and give guidelines in that regard. However, in this case,
- 44 -
there are no guidelines of AICTE. The policy of the Government in giving benefit of carry over to the student who have backlog of 8 subjects in the previous semesters itself appears to be too liberal, because in each semester, a student has to study 7 subjects including practical. That means to say, in first year for two semesters, there would be 14 subjects. In four semesters, there would be totally 28 subjects. The concession given by the Government's policy to allow backlog even from the 1st semester appears to be a very serious flaw which affects the standard of education. One can understand the backlog in the immediate previous semester. Be that as it may. The Government came out liberally with a concession to permit the backlog up to 10 subjects.
9. The learned Single Judge in the order in W.P.No.69608/2012 and other batch of cases has succinctly discussed all relevant material in the light of the decisions of the Hon'ble Apex Court and in W.P.No.32330/2012 and other
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batch of cases has held that, the students who have sought admission to 5th semester, if failed in more than 10 subjects, their admission to 5th semester would get discontinued and fee paid to be refunded. The order of the learned Single Judge is in consonance with the policy decision of the Government dated 17.09.2012, which is given only as one time measure. There does not appear to be any error in the view taken by the learned Single Judge on the aspect of law or equity. Therefore, the order does not call for interference.
Appeals are dismissed.
Sd/-
JUDGE Sd/-
JUDGE gab/-