Karnataka High Court
Smt. Kanta D Devangavi vs The Registrar on 20 June, 2024
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2024:KHC:22718
WP No. 11399 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 11399 OF 2024 (EDN-RES)
BETWEEN:
1. SMT. KANTA D DEVANGAVI
W/O BALASAB S BALAPPANAWAR,
AGED ABOUT 49 YEARS,
R/O NO.22, J.J.NILAYA,
3RD MAIN, 3RD CROSS,
VINAYAKA NAGAR, BALAGUR CROSS,
YELAHANKA,
BENGALURU - 560 063
... PETITIONER
(BY SRI. LEELESH KRISHNA., ADVOCATE)
AND:
Digitally signed
1. THE REGISTRAR
by VIDYA G R KARNATAKA STATE OPEN UNIVERSITY,
Location: HIGH
COURT OF MUKTHAGANGOTHRI,
KARNATAKA MYSURU - 570 006.
2. THE CHAIRMAN,
UNIVERSITY GRANTS COMMISSION,
BAHADUR SHAH ZAFAR MARG,
NEW DELHI - 110 002.
... RESPONDENTS
(BY SRI. RAJENDRA KUMAR SUNGAY T P., ADVOCATE FOR R1;
SRI SRIKAR A.J., ADVOCATE FOR R2)
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NC: 2024:KHC:22718
WP No. 11399 of 2024
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R1
UNIVERSITY TO ISSUE THE CONVOCATION CERTIFICATE TO
THE PETITIONER IN FURTHERANCE TO HER APPLICATION
DATED 20.02.2024 AT ANNEXURE-G AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri Shrikar A.J., learned counsel accepts notice for respondent No.2.
2. The petitioner has sought for issuance of writ in the nature of mandamus to direct respondent No.1 University to issue Degree Convocation Certificate taking note of the request by way of representation dated 20.02.2024.
3. It is the case of the petitioner that the petitioner had enrolled for the Master of Science in Information Technology [M.Sc. (IT)] with the respondent No.1 University through distance education from Dharwad Study Center in the year 2006-2007. It is further submitted that the petitioner has completed Post Graduate Degree in M.Sc (IT) and Provisional Degree Certificate was -3- NC: 2024:KHC:22718 WP No. 11399 of 2024 issued on 26.12.2008 as per Annexure-'B'. It is also submitted that though the petitioner has been making representations for issuance of Degree Convocation Certificate, the same has not been issued till date.
4. The petitioner submits that in an identical factual matrix in W.P.No.2795/2022 (EDN-RES), this Court has passed direction for issuance of Degree/Convocation Certificate to the petitioner in the said petition and therefore, on parity, the present petitioner is also entitled for the same relief.
5. Sri T.P.Rajendrakumar Sungay, the learned counsel appearing for the respondent No.1-University has filed the statement of objections and relied upon Annexure-'R1' dated 18.08.2021, which is the communication by University Grants Commission (UGC) and submits that non-issuance of Degree/Convocation Certificate is in light of technical restraint as is observed in the communication dated 18.08.2021 by UGC. It is further submitted that, in light of restriction by UGC, the -4- NC: 2024:KHC:22718 WP No. 11399 of 2024 Degree Convocation Certificate has not been granted to the petitioner.
6. Perused Annexure-'R1. It must be noticed that insofar as Karnataka State Open University (KSOU), it comes out from the communication of 18.08.2021 that the said University was not recognized during the year 2013- 2014 to 2017-2018. In the present case, it is not in doubt that the period during which the petitioner had pursued the Degree Course through distance education is the period where the University was recognized as it relates to the period 2013-2014. The only restriction that emanates from the communication of 18.08.2021 by the UGC directives is as follows:-
"1. ... During the period of institutional recognition, the University was required to offer programmes approved by the statutory bodies of the University, after seeking approval of the concerned Regulatory bodies, wherever required. Seeking approval from the respective Regulatory bodies was the responsibility of the university concerned."-5-
NC: 2024:KHC:22718 WP No. 11399 of 2024
7. It is further observed in the communication as follows:-
"... Therefore, the KSOU is directed to not to issue any Degree for the years for which either the University was not recognized or territorial jurisdiction has not been complied. If any violation is noticed, the punitive action would be initiated against the University...."
8. It is noticed that the Study Centre is situated within the territorial jurisdiction. The Apex Court in the case of Prof. Yashpal v. State of Chhattisgarh reported in (2005) 5 SCC 420 has referred to the aspect of jurisdiction and while doing so, as is observed in the UGC directive of 18.08.2021, the restriction is as regards those Universities operating beyond the territorial jurisdiction of the respective States. If that were to be so and in the present case, merely because the petitioner has undergone the Course through Study Centre, the same cannot be taken to be a bar for issuance of Degree -6- NC: 2024:KHC:22718 WP No. 11399 of 2024 Convocation Certificate in terms of the directives of UGC issued on 18.08.2021.
9. In the facts of the present case, it is not in dispute that the petitioner has undergone the Course during the period of recognition possessed by the respondent No.1-University and the Study Centre is also well within the territorial jurisdiction of the State. It is also to be noticed that the University was recognized by the competent Authority prior to the UGC coming into existence and such aspect of recognition is not disputed.
10. Learned counsel appearing for respondent-UGC submits that in the facts of the present case, it cannot be inferred that there cannot be any bar for issuance of Convocation Certificate by the respondent No.1, as the said aspect is taken note of.
11. Learned counsel appearing for respondent-UGC submits that the Convocation Certificate can be issued to the petitioner only at the next convocation. -7-
NC: 2024:KHC:22718 WP No. 11399 of 2024 Said submission is taken note of.
12. Insofar Degree Certificate is concerned, the respondent No.1-University is to issue the Degree Certificate within a period of eight weeks from the date of receipt of certified copy of the order. As regards Convocation Certificate, the undertaking of the respondent is taken note of.
Accordingly, the petition is disposed off.
Sd/-
JUDGE VGR