Karnataka High Court
Rock Valley D Ed College vs The State Of Karnataka on 12 April, 2018
Author: A.S.Bopanna
Bench: A.S. Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF APRIL, 2018
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA
WRIT PETITION Nos.50794-50843/2017 (EDN-RES)
BETWEEN:
ROCK VALLEY D.ED COLLEGE
SRI SAI SADANA
K.N.S. POST
BANGARPET ROAD
KOLAR-563 101
REP. BY ITS PRINCIPAL
SRI JAGADISH
AGED ABOUT 37 YEARS. ...PETITIONER
(BY SRI SARAVANA S., ADV. FOR
M/S. LEX NEXUS)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HIGHER
EDUCATION
VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560 001
REPRESENTED BY
PRINCIPAL SECRETARY.
2. THE DIRECTOR OF STATE EDUCATIONAL
AND RESEARCH AND TRAINING
100 FEET ROAD, BSK II STAGE
BENGALURU-560 041
REPRESENTED BY ITS DIRECTORS
3. THE DIRECTOR [OTHER EXAMINATIONS]
KARNATAKA SECONDARY EDUCATION
2
AND EXAMINATION BOARD
MALLESHWARAM
BENGALURU-560 003.
4. THE DISTRICT INSTITUTE OF
EDUCATIONAL & TRAINING
CHIKKAHASALA
KOLAR-563 112
REPT. BY ITS PRINCIPAL
5. THE NATIONAL COUNCIL FOR TEACHER
OFFICE AT HANS BHAVAN WING-II
NO.1, BAHADUR SHAH ZAFAR MARG
NEW DELHI-110 002
REPT. BY ITS REGISTRAR.
6. A. MUNEENDRA
S/O. A. HANUMANTHU
AGED 24 YEARS
7. A. RADHA
D/O. A.P. THIMMAPPA
AGED 31 YEARS
8. AMGOTH SOWJANYA
D/O. AMGOTH BALAKISHAN
AGED 19 YEARS
9. B. BHASKAR NAICK
S/O. B. RAMU NAICK
AGED 25 YEARS
10. B. MALLESHAM GOUD
S/O. B. MANAIAH GOUD
AGED 24 YEARS
11. B. RANGABABU NAICK
S/O. DHEVALA NAICK
AGED 27 YEARS
12. B. SATHISH
S/O. BALARAM
AGED 27 YEARS
3
13. B. SUKRUTHA
D/O. B. RAJU
AGED 21 YEARS
14. BADAM RACHANA
D/O. BADAM SHANTHAIAH
AGED 20 YEARS
15. BUKYA SUGUNA
D/O.B. RAMIREDDY NAICK
AGED 28 YEARS
16. DACHEPALLY SAI RAMYA
D/O. THIRPATHIAH
AGED 29 YEARS
17. G. SRAVANTHI
D/O. G. MOHAN
AGED 19 YEARS
18. G. VIJAYAKUMAR
S/O.G.SANKARAPPA
AGED 34 YEARS
19. GANGARAJULU BHUVANESHWARI
D/O.L. RAMAPPA NAIDU GANGARAJULU
AGED 24 YEARS
20. GOLLA KIRAN KUMAR
S/O. G. ESWARAIAH
AGED 26 YEARS
21. GOLLA MALLESH
S/O. LAXMAIAH
AGED 25 YEARS
22. GOVINDAN J.K.
S/O. VENKATESU J.K.
AGED 29 YEARS
23. JADHAV ARVIND
S/O. JADHAV TULSI RAM
AGED 22 YEARS
4
24. JIMMI SURESH BABU
S/O. J. THIMMAIAH
AGED 29 YEARS
25. K.G. NARASIMHULU
S/O. K. GOVINDASWAMY
AGED 26 YEARS
26. K. YAMINI
K. KRISHNAJI
AGED 19 YEARS
27. KODA PRASANTH
S/O. KODA SUKKU
AGED 30 YEARS
28. KRISHNAPPA SURESH
S/O. T KRISHNAPPA
AGED 22 YEARS
29. L. HEMAGIRI
S/O. M. LAKSHMAIAH
AGED 26 YEARS
30. L. KRISHNAREDDY
S/O.L. RAJI REDDY
AGED 22 YEARS
31. M. CHAITHANYA
D/O.M. SADASIVAIAH
AGED 30 YEARS
32. M. MURALI NAICK
S/O.M. CHINNA SWAMY NAICK
AGED 30 YEARS
33. M. NARASIMHA MURTY
S/O. HANUMANTHA RAYUDU
AGED 42 YEARS
34. M. NARAYANAMMA
S/O. MUNI VENKATAPPA
AGED 29 YEARS
5
35. M. RANGASWAMY NAICK
S/O. M. SANKAR NAICK
AGED 26 YEARS
36. M. SARANYA
D/O.M. RANGA NATH
AGED 26 YEARS
37. M. SREENIVASULU
S/O. MUNI VENKATAPPA
AGED 29 YEARS
38. MUNEPPA THIMMARAJU
S/O. S. MUNEPPA
AGED 22 YEARS
39. MYAKALA PRAVEENKUMAR
S/O. M. SRINIVASULU
AGED 22 YEARS
40. NARAYANA RAJKUMAR
S/O. S. NARAYANA
AGED 25 YEARS
41. NAVEENKUMAR NADAKUDITI
S/O. KRISHNA RAO
AGED 26 YEARS
42. P. LINGAMMA
D/O. NARSIMHULU
AGED 29 YEARS
43. PRATHAP K
S/O. K. KRISHNAPPA
AGED 33 YEARS
44. R. SUBRAMANYAM
S/O. RAGHU
AGED 22 YEARS
45. RAMALAKSHMI KODI
D/O. APPA RAO
AGED 29 YEARS
6
46. S. JAYASUDHA
D/O. SEKHAR
AGED 30 YEARS
47. M. RAMAMOORTHY
S/O.V. MUNIRATHNAM
AGED 30 YEARS
48. S. PRAVEEN KUMAR
S/O. PENTAIAH
AGED 25 YEARS
49. S. SURESH
S/O. SREENIVASULU
AGED 23 YEARS
50. SWAMY
S/O. GOVINDARAJULU
AGED 27 YEARS
51. T. NAGABHUSHANA
S/O. T. JAYACHANDRAIAH
AGED 34 YEARS
52. V. SRINIVASULU
S/O. V. VENKATESU
AGED 32 YEARS
53. V. VENKATACHALAM
S/O. P. VENKATESH
AGED 34 YEARS
54. VALY SHAIK
S/O. APPA SAHEB
AGED 41 YEARS
55. VANTHALA NEELAKANTAM
S/O. VANTHALA SOMANNA
AGED 26 YEARS
RESPONDENTS NO.6 TO 55 ARE
STUDENTS OF
ROCK VALLEY D.ED COLLEGE
SRI SAI SADANA
7
K.N.S. POST
BANGARPET ROAD
KOLAR-563 101. ...RESPONDENTS
(BY SRI A.G. SHIVANNA, ADDL. A.G. A/W.
SRI J.M. UMESH MURTHY, HCGP FOR R1-R4;
SRI BASAVARAJ V. SABARAD, ADV. FOR R5
NOTICE TO R6-R55 D/W. V/O. DT. 23.01.2018)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-G, IN REF. DTD. 05.05.2017 ISSUED BY THE R-
4 SO FAR IT PERTAINS TO THE STUDENTS OF THE
PETITIONER COLLEGE ADMITTED FOR SECOND YEAR
D.ED COURSE ADMITTED FOR THE ACADEMIC YEAR
2015-16.
THESE WRIT PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though the application seeking direction is listed for consideration, keeping in view the subsequent development, the petitions are taken up for consideration and disposed of by this order.
2. Though the nature of the prayer made in these petitions is to assail the endorsement, the ultimate consideration is as to whether the students, who had appeared through petitioner-Institution for the D.Ed Course in the academic year 2015-16 are to be provided the benefit of external examination/internship which 8 had been held in the institution outside the State other than the institutions authorized by the respondents herein.
3. This Court, at first instance, on taking note of the contentions as put forth had through the interim order permitted the students enrolled through the petitioner-Institution to seek for submission and assessment of the internal assessment marks secured by the students within a time frame as indicated therein and directed the respondents to declare the results of the students, so as to enable the students to take steps to appear for the supplementary examination.
4. The said process has been completed and in that light, keeping in view the circumstance under which the petitioner-Institution had secured the internship/internal assessment from the institution being run in Andhra Pradesh, a consideration is required to be made as to whether the benefit of the same is to be extended to the students concerned, at least as a one time measure.
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5. The affidavit on behalf of the respondents No.1 to 4 is filed before this court on 14.03.2018. Through the affidavit, the respondents have indicated that a consideration could be made as a one time measure subject to the following:
"(i) Whether allotted school to the students are recognized by the Government of Andhra Pradesh
(ii) Whether allotted schools are eligible for conducting Practice Training and Internship activities.
(iii) To furnish the D.Ed College name along with list of students of that college, who have been allotted to the particular school for practice of training and internship activities.
(iv) To furnish the scheduled time period undertaken by the respective students for Practice of Teacher and Internship activities in the said eligible school".
6. The conditions as imposed would indicate that the same is only to ensure that the internship/internal assessment though made by the 10 institution other than the approved institution, yet the respondents are required to ensure that the said institutions are recognized in the state of Andhra Pradesh and as to whether they are authorized for the purpose of internship activity. The said conditions imposed are reasonable and in that view, having accepted the same, the benefit of the internship already undergone by the students through the petitioner- Institution is to be regularized in such fashion.
7. Hence, irrespective of the nature of the endorsement issued to the petitioner herein, the respondents are to be directed to secure such confirmation from institutions, wherein the students have undergone the internship activity and on being satisfied with the conditions as indicated above, shall recognize such marks assigned in the internship activity and on taking note of the same, a complete consideration be made and such of those, who have successfully completed the course shall be issued the necessary certificates and other testimonials in that regard. If any 11 of the students are to appear for any future examinations, the same shall also be permitted.
8. Keeping in view the schedule of the future examinations to be conducted, the respondents shall declare the results and permit the students to appear for the ensuing examinations and thereafter the entire process shall be completed.
9. To enable the respondents to complete the process expeditiously, the petitioner-Institution shall forthwith produce all details to the Competent Authority, so as to enable to take a decision in the matter. Needless to mention, since the consideration is made as a one time measure, the petitioner-Institution shall in future adhere to the guidelines issued by the respondents in respect of the diploma course.
These petitions stands disposed of accordingly.
Sd/-
JUDGE ST