Karnataka High Court
Kirana. C. M vs State Of Karnataka on 24 July, 2023
-1-
NC: 2023:KHC:25701
WP No. 25929 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 25929 OF 2022 (EDN-RES)
BETWEEN:
KIRANA. C. M.
S/O MUDDAIAH. C.M.,
AGED ABOUT 36 YEARS,
R/AT KUTTANDI, VIRAJPET,
KODAGU-571 218.
...PETITIONER
(BY SRI. ARNAV A BAGALWADI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION,
Digitally M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI,
signed by BANGALORE-560 001.
CHAITHRA A
Location:
HIGH 2. KARNATAKA STATE OPEN UNIVERSITY MYSORE
COURT OF
KARNATAKA REPRESENTED BY THE REGISTRAR,
MUKTHA GANGOTHRI,
MYSURU, KARNATAKA-570 006.
3. THE UNIVERSITY GRANTS COMMISSION
REPRESENTED BY ITS SECRETARY,
GOVERNMENT OF INDIA,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
BAHADUR SHAH ZAFAR MARG,
-2-
NC: 2023:KHC:25701
WP No. 25929 of 2022
NEW DELHI-110 002.
...RESPONDENTS
(BY SMT.KAVITHA.H.C, AGA FOR R1 (MA NOT FILED);
SRI.SANTHOSH.S.NAGARALE, ADVOCATE FOR R2;
SRI.H.R.SHOWRI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
LETTER DATED 17.06.2022 BEARING NO.
KSOU.EB.COLL.INST.2022-23 PRODUCED HEREWITH AS
ANNEXURE A, AS BEING ILLEGAL AND VOID TO THE EXTENT
THAT IT REJECTS THE REQUEST MADE BY THE PETITIONER
FOR THE ISSUANCE OF HIS DEGREE AND MIGRATION
CERTIFICATE AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed by a student who was admitted to respondent No.2-University through a collaborative institute Sharada Vikas Trust, which is located in Karnataka State for the Academic year 2011- 2013 to pursue his Masters of Arts degree in Economics. -3-
NC: 2023:KHC:25701 WP No. 25929 of 2022 Therefore, it is contended that respondent No.2-University was duly recognized for this batch and there is no dispute about the same.
2. Petitioner claims that though he has graduated from the Karnataka State Open University in 2013, respondent No.2-University has failed to issue degree and Migration/transfer certificate. Respondent No.2-University placing reliance on the notification dated 18.8.2021 issued by respondent No.3-Commission has issued an endorsement vide Annexure-A indicating that they are not bound to issue any degree certificate for the year for which respondent No.2 was not recognized. Feeling aggrieved by the impugned endorsement dated 17.6.2022 issued by respondent No.2-University, petitioner is before this Court.
3. The learned counsel appearing for respondent No.3-UGC would point out that the notification issued by the UGC clearly indicates that the Karnataka State Open University does not issue any degree certificates for those -4- NC: 2023:KHC:25701 WP No. 25929 of 2022 years for which the University is not recognized or territorial jurisdiction has not been complied. However, referring to the material on record, he would fairly submit that since the petitioner has pursued his MA course while respondent No.2-University did possess the recognition, appropriate orders may be passed in accordance with law.
4. Heard the learned counsel for the petitioner and the learned counsel appearing for respondent No.3- Commission.
5. The petitioner is admitted through collaborative institute Sharada Vikas Trust, which is located within Karnataka State. Having regard to the fact that petitioner has pursued his MA Course and completed before 2013 during which respondent No.2-University possessed recognition, I am of the view that the petitioner is entitled for Degree Certificate and Migration/transfer certificate. The material on record clearly indicates that only those students who have pursued the course through Open University where University was not recognized cannot be -5- NC: 2023:KHC:25701 WP No. 25929 of 2022 issued the degree certificate. The petitioner was enrolled for the 2011-13 batch and in several petitions before this Court, the learned counsel appearing for respondent No.3- University have not objected and a positive statement is made that the candidates who joined the Open University including academic session 2012-13, their degrees are recognized. If this factual matrix is taken into consideration, I am of the view that respondent No.2- University is bound to issue degree certificate and all consequential certificates namely Migration/transfer certificate subject to compliance of other requisites, more particularly, 'No due certificate' from the concerned Section of the University.
6. With this observation, I pass the following:
ORDER
(i) The writ petition is allowed.
(ii) Respondent No.2-University is hereby directed to issue degree certificate and all consequential certificates namely Migration/transfer certificate to the petitioner -6- NC: 2023:KHC:25701 WP No. 25929 of 2022 within a period of four weeks from the date of receipt of certified copy of this order.
Sd/-
JUDGE ALB List No.: 2 Sl No.: 46