Karnataka High Court
Rev. Noorunnisa 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.30832-30882/2017 (EDN-RES)
BETWEEN:
REV. NOORUNNISA D.ED. COLLEGE,
GONAMAKANAHALLI ROAD,
ANDERSONPERT, K.G.F.,
KOLAR - 563 113.
REPRESENTED BY ITS
ADMINISTRATOR
MR. I SYED TABRAZE,
SON OF SYED IQBAL,
AGED ABOUT 39 YEARS. ...PETITIONER
(BY SRI S. SARAVANA, ADV. FOR
SR D.R. RAVISHANKAR, ADV.)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF HIGHER EDUCATION,
VIKASA SOUDHA
DR. B. R. AMBEKAR VEEDHI
BENGALURU - 560 001.
REPRESENTED BY
PRINCIPAL SECRETARY.
2. DIRECTOR OF STATE EDUCATIONAL
AND RESEARCH AND TRAINING,
100 FEET ROAD, BSK II STAGE,
BENGALURU - 560 041.
REPRESENTED BY ITS DIRECTORS.
3. DIRECTOR (OTHER EXAMINATIONS),
KARNATAKA SECONDARY EDUCATION
2
AND EXAMINATION BOARD,
MALLESHWARAM
BENGALURU - 560 003.
4. DISTRICT INSTITUTE OF
EDUCATIONAL & TRAINING
CHIKKAHASALA
KOLAR - 563 112.
REPT. BY ITS PRINCIPAL.
5. SATLA SWAPNA,
D/O. GAJJARAM,
AGED ABOUT 19 YEARS.
6. MANJULA BAI,
D/O. BHADRUC,
AGED ABOUT 30 YEARS.
7. TELUGU SHIREESHA,
D/O. T. NARSIMHALU,
AGED ABOUT 22 YEARS.
8. B. ARVIND,
S/O. NARYAN,
AGED ABOUT 22 YEARS.
9. YESU BAI,
S/O. GOPAL,
AGED ABOUT 25 YEARS.
10. M. KRISHNA,
S/O. M. RANGANNA,
AGED ABOUT 19 YEARS.
11. T. NAGARAJU,
S/O. T. NAGANNA,
AGED ABOUT 20 YEARS.
12. JADHAV UMAJI,
S/O. JADHAV PARUSHURAM,
AGED ABOUT 19 YEARS.
13. KURASAM RAMUDU,
S/O. KURASAM PENTAIAH,
AGED ABOUT 30 YEARS.
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14. K. HANUMANTHU,
S/O. K. DULLAIAH,
AGED ABOUT 23 YEARS.
15. MMR SRINIVASA GEDDADA,
S/O. V S TRIMURTULU,
AGED ABOUT 34 YEARS.
16. GEDDADA GAYATHI,
D/O. GEDDADA SATHYANARAYANA,
AGED ABOUT 24 YEARS.
17. CHAWAN VIJAY KUMAR,
S/O. CHAWAN UTHAM,
AGED ABOUT 20 YEARS.
18. RATHOD ARVIND,
S/O. RATHOD DATTA,
AGED ABOUT 21 YEARS.
19. NOOPA ANUSHA,
D/O. NOOPA KRISHNA,
AGED ABOUT 22 YEARS.
20. T. NARESH,
S/O. HANUMANTHLU T.
AGED ABOUT 19 YEARS.
21. TOKALA NARESH,
S/O. TOKALA NARASIMHA RAO,
AGED ABOUT 30 YEARS.
22. KUNJA PRIYANKA,
D/O. T. VENKATESHWARARAO,
AGED ABOUT 21 YEARS.
23. E. DURGA LAKSHMI,
D/O. E SREENIVA GOUD,
AGED ABOUT 25 YEARS.
24. POWAR VIJAY KUMAR,
S/O. POWAR TARACHAND,
AGED ABOUT 28 YEARS.
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25. ADE LAVKUSH,
S/O. A RAMARAO,
AGED ABOUT 20 YEARS.
26. RATHOD SANDEEP,
S/O. RATHOD VITHAL,
AGED ABOUT 23 YEARS.
27. MATURI KANAKA DURGA,
D/O. SATYAM,
AGED ABOUT 35 YEARS.
28. DANDAPALLI YASHODAMMA,
D/O. D. VANKATADRI,
AGED ABOUT 36 YEARS.
29. VADLA SANDHAYA RANI,
D/O. MANIKCHARY,
AGED ABOUT 21 YEARS.
30. DABBUGUNTA SAVAIAH,
S/O. CHINNAPENCHALAIAH,
AGED ABOUT 27 YEARS.
31. CHITNEEDA NARASIMHA KUMAR,
S/O. NARASIMHA MURTHY,
AGED ABOUT 32 YEARS.
32. KANEMONI SWATHY,
D/O. KANEMONI SHANKARAIAH,
AGED ABOUT 20 YEARS.
33. UDUTHANOORI SHRUTHI,
D/O. V. BAYYANNA,
AGED ABOUT 22 YEARS.
34. NALLAVELLY ANVASH,
D/O. NALLAVELLY RAMASWAMY,
AGED ABOUT 19 YEARS.
35. SRI. LAXMI K
D/O. ANJAL REDDY,
AGED ABOUT 32 YEARS.
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36. P. RAVI KUMAR,
S/O. BALACHANDRAIAH,
AGED ABOUT 20 YEARS.
37. KOVVASU AMMANI,
S/O. KOVVASU DURGA RAO,
AGED ABOUT 27 YEARS.
38. D. HINDU SHEKAR,
D/O. LOKANADHA GOUD,
AGED ABOUT 32 YEARS.
39. MADIGAYATHRI,
D/O. D MADIRAMESH,
AGED ABOUT 25 YEARS.
40. PENUMOORU MUNISHANTHI,
D/O. MUNAIAH,
AGED ABOUT 21 YEARS.
41. KORRA NEELA,
D/O. K. LALU,
AGED ABOUT 21 YEARS.
42. NENAVATH AKHILA,
D/O. NEENAVATH JAAN NAYAK,
AGED ABOUT 19 YEARS.
43. N. SHIVARANI,
S/O. NIRANJAN,
AGED ABOUT 26 YEARS.
44. GURRAMOLA RAMADEVI,
D/O. JAIKRISHNA,
AGED ABOUT 26 YEARS.
45. LOKANATHAM K,
S/O. GURRAPPA K,
AGED ABOUT 30 YEARS.
46. DUMAVATH MANASA,
D/O. DUMAVATH MALYA,
AGED ABOUT 20 YEARS.
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47. P. RENAIAH,
S/O. EDAMAIAH,
AGED ABOUT 25 YEARS.
48. V. KURUMURTHY,
S/O. GANDHAMAIAH,
AGED ABOUT 22 YEARS.
49. KARUNAMMA,
D/O. BEESANNA,
AGED ABOUT 28 YEARS.
50. SABHAVATH SUNITHA,
D/O. DHARMA,
AGED ABOUT 24 YEARS.
51. RAMAVATH RAMU,
S/O. BADAYA,
AGED ABOUT 24 YEARS.
52. M. SHANKAR,
S/O. M. MAMTHA,
AGED ABOUT 21 YEARS.
53. K. LOKYA,
S/O. BODDU,
AGED ABOUT 29 YEARS.
54. S. AKRAM BASHA,
D/O. S AKBAR SAHIB,
AGED ABOUT 29 YEARS.
RESPONDENTS NO.5 TO 54 ARE
STUDENTS OF REV.
NOORUNNISA D.ED. COLLEGE,
GONAMAKANAHALLI ROAD,
ANDERSONPERT, K.G.F.
KOLAR - 563 113.
55. NATIONAL COUNCIL FOR TEACHER
EDUCATION (NCTE),
OFFICE AT HANS BHAVAN WING II,
BAHADUR SHAH ZAFAR MARG,
7
NEW DELHI - 110 002.
REP. BY ITS REGISTRAR. ...RESPONDENTS
(BY SRI A.G. SHIVANNA, ADDL. A.G. A/W.
SRI J.M.UMESH MURTHY, HCGP FOR R-1 TO R4
SRI BASAVARAJ V. SABARAD, ADV. FOR R-55
NOTICE TO R5-R54 D/W. V/O. DTD. 12.04.2018)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
COMMUNICATION LETTER ISSUED BY THE R-4 DATED
01.06.2017 VIDE ANNX-L.
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 had been held in the institution outside the State other 8 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