Karnataka High Court
Excellent D.Ed College vs 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 NO.26658/2017
&
WRIT PETITION Nos.27683-27730/2017 (EDN-RES)
BETWEEN:
EXCELLENT D.ED COLLEGE
ANDERSONPET, K.G.F
REP. BY ITS SECRETARY
SMT HASEEN BEGUM
D/O. IBRAHAM
AGED ABOUT 55 YEARS
OPP. TO VETERINARY HOSPITAL
B.M.ROAD
ANDERSONPET POST
K.G.F-563120 ...PETITIONER
(BY SRI S.SARAVANA, ADV. FOR
SRI. D.R. RAVISHANKAR, ADV.)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
VIKASA SOUDHA
REPRESENTED BY
PRINCIPAL SECRETARY
BENGALURU-560001
2. DIRECTOR OF STATE EDUCATIONAL
AND RESEARCH AND TRAINING
100 FEET ROAD, BSK II STAGE,
BENGALURU-560041
REPRESENTED BY ITS DIRECTORS
2
3. DIRECTOR (OTHER EXAMINATIONS)
KARNATAKA SECONDARY EDUCATION
AND EXAMINATION BOARD
MALLESHWARAM
BENGALURU-560003
4. DISTRICT INSTITUTE OF
EDUCATIONAL AND TRAINING
CHIKKAHASALA,
KOLAR-563112
REPT. BY ITS PRINCIPAL
5. G. VARA LAXMI
D/O. NARASIMULU
AGED ABOUT 22 YEARS,
R/AT ROOPKHANPET
VILLAGE AND POST
RANGA REDDY DISTRICT
TELANGANA STATE-501202
6. CHAKALI KESHAVANANDA
S/O PANCHALINGAM
AGED ABOUT 22 YEARS,
R/AT HOUSE NO.2-1
DOMA VILLAGE,
POST AND MANDAL
RANGA REDDY DISTRICT
TELANGANA STATE-501202
7. NILAGIRI VARSHA
D/O NILAGIRI VENKATESHWAR RAO
AGED ABOUT 22 YEARS
R/AT ADARSH NAGAR
NIRMAL MANDAL
ADILABAD DISTRICT
TELANGANA STATE-501202
8. C. H. MAHESHWARI
D/O CH NARASIMHA CHARY
AGED ABOUT 22 YEARS,
R/AT NO.13/4-737/L/1
KARWAN ASIF NAGAR,
HANUMAN STREET
3
HYDERABAD
ANDHRA PRADESH-515001
9. A MADHAVI
D/O A BALA SWAMY
AGED ABOUT 23 YARS
R/AT HOUSE NO.3-6/6/3
GOULI DODDI
SHERLINGAMAPALLI MANDAL
RANGA REDDY DISTRICT
TELANGANA STATE-501202
10. NUKAM KISHORE
S/O NUKAM YADAIAH
AGED ABOUT 24 YEARS,
R/AT ARUTTA VILLAGE,
MANCHALAL MANDAL
RANGA REDDY DISTRICT
TELANGANA STATE-501206
11. D SUNITHA
D/O NARASIMHA
AGED ABOUT 23 YEARS
R/AT SHIVAJI NAGAR STREET
UTKOOR VILLAGE AND POST,
MAKTHAL TALUK
MAHBOOB NAGAR DISTRICT
TELANGANA STATE-501202
12. CHINNA THOTA
S/O NOOKARAJU
AGED ABOUT 23 YARS,
R/AT EAST GODAVARI DISTRICT
ANDHRA PRADESH-533446
13. MOHAMMAD SAMAD PASHA
S/O MOHAMMAD PASHA
AGED ABOUT 22 YEARS,
R/AT HOUSE NO.2-6-9
PARIGI VILLAGE,
PARIGI MANDAL,
RANGA REDDY DISTRICT
TELANGANA STATE-501202
4
14. LALITHA
D/O NAGAPPA
AGED ABOUT 24 YEARS,
R/AT HOUSE NO.8-31
GUDEBALUR VILLAGE
MANGANOOR MANDAL
MAHABUB NAGAR DISTIRCT
TELANGANA STATE-501202
15. GAYTRI T.
D/O KRISHNA VARMA
AGED ABOUT 21 YEARS,
R/AT HOUSE NO.4-11-22/1
LINEWADA, NARAYANPET
MAHABUB NAGAR
TELANGANA STATE-509210
16. CHANDANA TAK
D/O AMBADAS TAK
AGED ABOUT 26 YEARS,
R/AT HOUSE NO.4-9/81/A
DHOOLPET, NARAYANPET
MAHABUB NAGAR DISTRICT
TELANGANA STATE-501202
17. YELLAPOLA SRINIVAS
S/O Y. BHEEMAPPA
AGED ABOUT 21 YEARS,
R/AT HOUSE NO.8-542
BOYAGARI, NARAYANJPET
MAHABUB NAGAR DISTRICT
TELAGANA STATE-501202
18. B. ASHOK KUMAR
S/O. BALADHAR VENKATAPPA
AGED ABOUT 22 YARS,
R/AT HOUSE NO.4-632
NARAYANPET
MAHABUB NAGAR DISTRICT
TELANGANA STATE-501202
19. B. SWETHA
D/O B. SRINIVAS
AGED ABOUT 25 YEARS
5
R/AT HOUSE NO.2-7-17/24
NARAYANPET
MAHABUB NAGAR DISTRICT
TELANGANA STATE-501202
20. K. DASTHAPPA
S/O. SAYAPPA
AGED ABOUT 25 YEARS,
R/AT HOUSE NO.1-109
GUNDAL VILLAGE
DOULTHABAD MANDAL
MAHABUB NAGAR DISTRICT
TELANGANA STATE-501202
21. PADMA
D/O NARASIMHA MURTHI
AGED ABOUT 28 YEARS,
R/AT HOUSE NO.8-62/6
MARKET ROAD, NARAYANPET
MAHABUB NAGAR DISTICT
TELANGAN STATE-501202
22. B CHANDRA REDDY
S/O CHINNA REDDY
AGED ABOUT 29 YEARS,
R/AT HOUSE NO.4-652/9
BUNEEDU MAHABUB
NAGAR DISTIRCT
TELANGANA STATE-501202
23. SATYAMMA
D/O S. CHANNAPPA
AGED ABOUT 28 YEARS,
R/AT HOUSE NO.3-145
KOTAKONDA VILLAGE
NARAYANPET MANDAL
MAHABUB NAGAR DISTIRCT
TELANGANA STATE-501202
24. VANITHA K.
D/O K. GOVERDHAN REDDY
AGED ABOUT 27 YEARS
R/AT HOUSE NO.3-7/1
MAGANOOR VILLAGE
6
MAHABUB NAGAR DISTRICT
TELANGANA STATE-501202
25. M RAVI KUMAR
S/O CHANDRAPPA
AGED ABOUT 27 YEARS
R/AT DAMARAGIDDA
VILLAGE AND MANDAL
MAHABUB NAGAR DISTRICT
TELANGANA STATE-501202
26. A SREENIVASULU
S/O A VENKATA SWAMY
AGED ABOUT 24 YEARS
R/AT HOUSE NO.4/235
MIDJIL KALVAKURTHI
MAHABUB NAGAR DISTIRCT
TELANGANA STATE-501202
27. YADAMMA
D/O JANGAIAH
AGED ABOUT 24 YEARS
R/AT HOUSE NO.5-130
CHANDAPUR VILLAGE
KOIL KONDA MANDAL
MAHABUB NAGAR DISTIRCT
TELANGANA STATE-501202
28. U SWATHI
D/O CHANDRAPPA
AGED ABOUT 22 YEARS
R/AT HOUSE NO.6-652/9
KODANGAL
MAHABUB NAGAR DISTRICT
TELANGANA STATE-501202
29. ANJANEYULU J
S/O NAGANNA
AGED ABOUT 28 YEARS
R/AT HOUSE NO.2-89
NANDIPET VILLAGE, ADAKKALMANDAL
MAHABUB NAGAR DISTRICT
TELANGANA STATE-501202
7
30. NOUSHEEN BEGUM
D/O M D OSMAN
AGED ABOUT 21 YEARS
R/AT HOUSE NO.15-33
MAIN ROAD
CHUDIGALLY PARGI
TELANGANA STATE-501202
31. VITTAL KUMAR
S/O CHANDRAPPA
AGED ABOUT 28 YEARS
R/AT HOUSE NO.2-58
NARAYANPUR VILLAGE
TANDOOR MANDAL
RANGA REDDY DISTRICT
TELANGANA STATE-501202
32. MONESH
S/O SHIVAPPA
AGED ABOUT 22 YEARS
R/AT HOUSE NO.1-95
THANIGIDI MANGANUR
MAHABUB NAGAR DISTIRCT
TELANGANA STATE-501202
33. POMALA USHA
D/O POMALA ANANTHAIAH
AGED ABOUT 21 YEARS
R/AT HOUSE NO.1-10
MUJAHIDPOOR KULKACHARLA
RANGA REDDY DISTIRCT
TELANGANA STATE-501202
34. K KRISHNA VENI
D/O ACHANNA
AGED ABOUT 23 YEARS
R/AT HOUSE NO.2/1/2
NAGAR KURNOOL ROAD
BHOOTHPUR VILLAGE
MAHABUB NAGAR DISTIRCT
TELANGANA STATE-501202
35. A GRAHITH KUMAR REDDY
S/O A GOPAL REDDY
8
AGED ABOUT 27 YEARS
R/AT HOUSE NO.16
KRISHNA NAGAR
BAGEERATHA COLONY
MAHABUB NAGAR DISTIRCT
TELANGANA STATE-501202
36. K JYOTHI
D/O K RAMESH BABU
AGED ABOUT 30 YEARS
R/AT HOUSE NO.1-23
VIVEKANANDA COLONY
NARAYANAPET
MAHABUB NAGAR DISTRICT
TELANGANA STATE-501202
37. C SHIVA KUMAR
S/O BUCHANNA C
AGED ABOUT 30 YEARS
R/AT HOUSE NO.8-5-465
BANDARI NAGAR
WANAPARTHI
MAHABUB NAGAR DISTIRCT
TELANGANA STATE-501202
38. V KRISHNAIAH
S/O VENKATAIAH
AGED ABOUT 24 YEARS
R/AT HOUSE NO.6-321
B C COLONY
NARAYANPET
MAHABUB NAGAR DISTIRCT
TELANGANA STATE-501202
39. REGONDI SHRAVAN KUMAR
S/O REGONDI NARSIMULU
AGED ABOUT 22 YEARS
R/AT HOUSE NO.8-652/6
THANDUR VILLAGE
RANGA REDDY DISTICT
TELANGANA STATE-501202
40. B RAVI PRAKASH
S/O B HUSSAIA
9
AGED ABOUT 21 YEARS
R/AT HOUSE NO.4-32
GUMAMADAM VILLAGE
PABBIER MANDAL
MAHABUB NAGAR
TELANGANA STATE-501202
41. B MANGAMMA
D/O B JANGAIAH
AGED ABOUT 20 YEARS
RAT HOUSE NO.5-632/2
ARAM GHAR HYDERABAD
ANDHRA PRADESH-515001
42. HYMAVATHI
D/O VENKAT RAMULU
AGED ABOUT 28 YEARS
R/AT HOUSE NO.7/1/73
CHINITALPET
GADWAL MANDAL
MAHABUB NAGAR DISTRICT
TELANGANA STATE-501202
43. K NARASIMULU
S/O K VENKATAPPA
AGED ABOUT 22 YEARS
R/AT HOUSE NO.3-54
SINGARAM VILLAGE NARAYAPET MANDAL
MAHABUB NAGAR
TELANGANA STATE-501202
44. C KANAKAPPA
S/O C NARASAPPA
AGED ABOUT 23 YEARS
R/AT THIRU,ALAPUR VILLAGE
NARAYANPET MANDAL
MAHABUB NAGAR
TELANGANA STATE-501202
45. SWAROOPA RANI
D/O PEDDA BALAIAH GOUD
AGED ABOUT 22 YEARS
R/AT UTKOOR VILLAGE
LAL BAHADUR STREET
10
MAHABUB NAGAR DISTIRCT
TELANGANA STATE-501202
46. KANGALA VENKATA RAMANA
D/O KANAGALA SUBBAIAH
AGED ABOUT 24 YEARS
R/AT RAMNAGUDAM VILLAGE
DHACHARUM POST
KUKUDOOR MANDAL
WEST GODAVARI DISTRICT
ANDHRA PRADESH STATE-501202
47. KAKA RANJITH
S/O KAKA SAYANNA
AGED ABOUT 22 YEARS
R/AT KANNE BOINAPALLI VILLAGE
TADVAI MANDAL WARANGAL DISTRICT
TELANGANA STATE-501202
48. SODI KRISHAN VENI
D/O SODI SUBBAIAH
AGED ABOUT 24 YEARS
R/AT ANAVARAM VILLAGE
REKHAPALLI POST
V.R.PURAM MANDAL
EAST GODAVARI POST
ANDHRA PRADESH STATE-501202
49. PADDAM KUMARI
D/O PADDAM SATYAM
AGED ABOUT 23 YEARS
R/AT KUTURU VILALGE AND POST
KUNVARAM MANDAL
EAST GODAVARI DISTIRCT
ANDHRA PRADESH-515001
50. GORRE VIJAY
S/O GORRE SUBBAIAH
AGED ABOUT 26 YEARS
R/AT RAMAVARAM VILLAGE
CHOPPALLY POST
VARARAA CHANDRAPURAM MANDAL
EAST GODAVARI DISTRICT
ANDHRA PRADESH STATE-515001
11
51. PODIYAM RAJA RAO
S/O PODIYAM PAPA RAO
AGED ABOUT 24 YEARS
R/AT VADDIPET VILLAGE AND POST
CHARAL MANDALAM
KHAMMAN DISTRICT
TELANGANA STATE-501202
52. KANTIPALLY PRABHAKAR
S/O KANTIPALLY NARAYANA
AGED ABOUT 27 YEARS
R/AT NEMALIPETA VILLAGE
DHACHAVARAM POST
KUKUNOOR MANDAL
WEST GODHAVARI DISTRICT
ANDHRA PRADESH-515001
RESPONDENTS NO.5 TO 52 ARE
STUDENTS OF
EXCELLENT D.ED COLLEGE
ANDERSONPET, K.G.F.
53. NATIONAL COUNCIL FOR TEACHER
EDUCATION (NCTE)
OFFICE AT HANS BHAVAN, WING -II,
BAHADUR SHAH ZAFAR MAG.
NEW-DELHI - 110002.
REPT. BY ITS REGISTRAR. ... RESPONDENTS
(BY SRI BASAVARAJ V. SABARAD, ADV. FOR R-53.
NOTICE TO R-5 TO R52 D/W. V/O. DTD 12-04-2018)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-L IN REFERENCE DATED 1.6.2017 ISSUED BY
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:
12
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 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 13 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.
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 14
(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 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 15 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 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.
16
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