Karnataka High Court
Sri Rajeeva V S/O Venkataramangowda vs State Of Karnataka on 29 August, 2013
Author: N Kumar
Bench: N Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 29TH DAY OF AUGUST 2013
PRESENT
THE HON'BLE MR.JUSTICE N KUMAR
AND
THE HON'BLE MR.JUSTICE V.SURI APPA RAO
WRIT APPEAL Nos.1077-1078/2012 (EDN-EX)
BETWEEN:
1. SRI RAJEEVA V.
S/o VENKATARAMANAGOWDA,
AGED ABOUT 26 YEARS,
OCC:PRIVATE SERVICE,
RESIDENT OF M.N.ROAD,
PANDAVAPURA TALUK,
MANDYA DISTRICT.
PIN - 571435.
2. SRI DEVARAJU K.E.,
S/o ESHWARAIAH,
AGED ABOUT 26 YEARS,
RESIDENT OF KENNALU
VILLAGE AND POST,
PANDAVAPURA TALUK,
MANDYA DISTRICT.
PIN - 571435. ...APPELLANTS
(BY SRI R.SHIVASHANKAR, ADV. FOR
SRI R.GEORGE LAZARUS)
2
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF COLLEGIATE EDUCATION,
VIDHANA VEEDHI,
BANGALORE - 560001.
REP. BY ITS SECRETARY.
2. THE VICE CHANCELLOR,
MYSORE UNIVERSITY,
MYSORE - 570005.
3. THE REGISTRAR (EVALUATION),
MYSORE UNIVERSITY,
MYSORE - 570005. ...RESPONDENTS
(BY SMT. S.SUSHEELA, AGA)
THESE WRIT APPEALS ARE FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
THE ORDER PASSED IN THE WRIT PETITION Nos.12667-
12669/2011 (EDN-EX) DATED 13/10/2011.
THESE APPEALS COMING ON FOR PRELIMINARY
HEARING THIS DAY, N KUMAR J., DELIVERED THE
FOLLOWING:
JUDGMENT
These appeals are preferred against the order passed by the learned Single Judge who has declined to interfere with the action of the University in withdrawing the marks card and the degree certificates issued to these appellants on the ground 3 that they had obtained the same by practicing the fraud.
2. The appellants who were all studying in B.Sc. Course in Government First Grade College, Kuvempu Nagara, Mysore, Geetha Sishu Shikshana First Grade College, Siddhartha Nagar, Mysore and Government Boys College, Mandya. They were all declared as pass in the examination held in the month of April-May 2009, they were issued Degree certificates. The University came to know that various malpractices have taken place in respect of 429 students, including the appellants herein. Though 429 students had not completed certain of the subjects in B.Sc. course, managed to get the computerized marks cards showing higher marks and declaring them as passed. The Officials of the University have also colluded with such 429 students. Consequently, an Enquiry Committee was formed by the University on 4 24.09.2009. Notices were issued to all such 429 students. Out of them, 352 students including the appellants herein appeared before the Enquiry Committee. The remaining 77 students did not appear in spite of services of notices. The enquiry was conducted against 352 students including the appellants. Statements of the appellants were recorded. After completion of the enquiry, a report came to be filed to the effect that the appellants and certain other students who are awarded much higher number of marks had failed in certain of the subjects. The marks were altered. Therefore, the Syndicate took the decision to withdraw the marks cards as well as the Degree Certificates of 182 students including the appellants. Consequently, the appellants surrendered the marks cards and Degree Certificates. Thereafter, they challenged the order passed by the University directing the appellants to surrender their marks cards and degree certificates. The ground of 5 attack was no enquiry was conducted before cancelling the degrees as per Section 70 of the Karnataka State Universities Act, 2000 and therefore, the orders are vitiated.
3. The learned Single Judge after carefully examining the entire material on record has categorically held, enquiry is conducted, appellants appeared before the Committee, they have given statements, only after verification of the original records and based on the statements of the appellants, the orders came to be issued cancelling the marks cards as well as the degree certificates. Further, held fraud vitiates everything. On the strength of the fraudulent marks cards the appellants have secured degrees. In view of the same the authorities have correctly taken decision in cancelling the degrees as well as the marks cards and therefore, 6 he dismissed the petition. Against the said order the present appeal is filed.
4. Learned Counsel for the appellants assailing the impugned order contends, the authorities have not given any reasons as to why out of 429 students only the results of 118 students were cancelled and why the others' results were not cancelled. Therefore, the finding is biased. The University did not produce the report submitted by M/s. Logists, Bangalore report. On the basis of which their results are cancelled and therefore there is violation of principles of natural justice. No enquiry as contemplated under Section 70 of the Karnataka State Universities Act is held. Therefore, the order passed by the learned Single Judge as well as the University is illegal and requires to be set aside.
5. We do not see any merit in any of these contentions. The original answer scripts of the 7 appellants were shown to them. The marks given in the original answer scripts is different from the marks mentioned in the computer generated marks cards. The report of the Logists, Bangalore is only to find out how the computer generated marks cards gave those numbers. When once, as per the marks given in the answer scripts the appellants have not passed in the examination and the computer generated marks card shows higher marks is given to the appellants, nothing more was required to hold that the appellants have failed in the examination and therefore, they are not entitled to any certificates.
6. It is unfortunate that the appellants are youngsters, instead of studying hard in the examination are indulging in this manipulation and indulging in fraud in active collusion with the persons employed in the University. Having regard to the magnititude of the fraud played, in order to put an 8 end to this type of malpractices, first the University should keep its house in order. Mere withdrawing the marks cards, cancelling the results of students would not serve the purpose. The officials have colluded with the students in indulging in fabricating fraudulent marks cards. Action should be taken against all those officials otherwise this perpetuation of fraud would be annual affair. The material on record do not disclose any action is taken against those officials.
7. In order to see such an act does not happen in future, we direct the University to immediately initiate action against all erring Officials on the basis of the report submitted by the Committee if not already initiated.
8. A copy of this order may be sent to the Lokayuktha of Karnataka to take steps against the officials of the University, if they failed to take action 9 against the erring officials on the ground of inaction at their part.
Accordingly, these appeals are dismissed. As we are dismissing these appeals on merits the application for condonation of delay also stands dismissed.
Learned Government Advocate is permitted to file Memo of Appearance for Respondent No.1 within four weeks from today.
Sd/-
JUDGE Sd/-
JUDGE Rbv/-