Karnataka High Court
Diganth Teachers Training Institute 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 NO.26668/2017
&
WRIT PETITION Nos.28216-28256/2017 (EDN-RES)
BETWEEN:
DIGANTH TEACHERS
TRAINING INSTITUTE
HANCHALA GATE,
HUDUKULA POST,
BANGARPET-563 114
KOLAR DISTRICT,
REP. BY ITS PRINCIPAL,
SRI V.VENKATA CHALAPATHY
S/O CHINNAPPA
AGED ABOUT 47 YEARS,
IT ARASANAHALLI (V)
NAYAKAWRAHALLI (P)
KOALR DISTRICT 563114. ...PETITIONER
(BY SRI S. SARAVANA, ADV. FOR
SRI. D. R. RAVISHANKAR, ADV.)
AND:
1. THE STATE OF KARNATAKA
DEPARTMETN OF HIGHER EDUCATION,
VIKASA SOUDHA
BENGALURU-01.
REP. BY PRINCIPAL SECRETARY
2
2. DIRECTOR OF STATE EDUCATIONAL
AND RESEARCH AND TRAINING,
100 FEET ROAD, BSK II STAGE,
BENGALURU 560 041.
REP. BY ITS DIRECTORS.
3. DIRECTOR (OTHER EXAMINATIONS)
KARNATAKA SECONDARY EDUCATION
AND EXAMINATION BOARD
MALLESHWARAM,
BENGALURU-560 003.
4. DISTRICT INSTITUTE OF
EDUCATIONAL & TRAINING
CHIKKAHASALA,
KOLAR 563112.
REPT. BY ITS PRINCIPAL.
5. NAGALAKSHMI ABBIREDY
D/O SRI. RAMULU
AGE: 28 YEARS
6. ADIDAM SIVA
S/O ADIDAM SURI BABU
AGE: 23 YEARS
7. BALADAR PUJARI
S/O KESAVARAO PUJARI
AGE: 24 YEARS
8. BALAJI.U
S/O KUPPAIAH U
AGE 25 YEARS
9. BARTHI DAVID
S/O BARTHI SANTHI RAJU
AGE: 24 YEARS
10. BERA DURGA PRASAD
S/O BERA LAKSHMIPATHI
AGE: 20 YEARS
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11. BOINA KURSO
S/O BOINA CHANDRAYYA
AGE: 27 YEARS
12. BUDDAMOLA PRIYANKA
D/O BUDDAMOLA NARSIMULU
AGE: 22 YEARS
13. BUDDIHA APPALASWAMY
S/O BUDIDHA JAHMANNA
AGE: 27 YEARS
14. GAMPA CHINNA BABU
S/O GAMPA KONDALA RAO
AGE: 21 YEARS
15. GEMMELI DEENUAMMA
D/O GEMMELI SATYA NARAYANA
AGE: 26 YEARS
16. GOPAL RAO PETTELI
S/O RAMU
AGE: 31 YEARS
17. GOWRI DANDANGI
D/O SURYA PRAKASARAO
AGE: 36 YEARS
18. JARTHA TAMMA RAO
S/O JARTHA GANGA RAJU
AGE 27 YEARS
19. KANNAPATRUDU PATUNI
S/O VENKATESWARA PATRUDU
AGE: 36 YEARS
20. KIMUDU NARENDRA KUMAR
S/O KIMUDU NARAYANA,
AGE:25 YEARS,
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21. KORRA JAGABONDU
S/O KORRA APPANNA,
AGE:24 YEARS,
22. KORRA RAGHURAM
S/O KORRA DONNU,
AGE:24 YEARS,
23. KORSA RAKESH
S/O KORSA GOPALA RAO,
AGE:19 YEARS,
24. KOTTAKI RAMBABU
S/O KOTTAKI DEVA DASU,
AGE:28 YEARS,
25. KUNJA JYOTHI
D/O KUNJA KRISHNA,
AGE:23 YEARS,
26. LAXMI NARAYANA MURTHY
S/O VASUDEVA MURTHY LAKE,
AGE:21 YEARS,
27. MALOTH SHANKAR RAO NAYAK
S/O MALOTHYA NAYAK,
AGED:23 YEARS,
28. MARISE DURGA PRASAD
S/O. MARISE GOVINDU,
AGED:23 YEARS,
29. MATSYA RASA RAMA KRISHNA
S/O. MATSYA RASA RAMACHANDRA,
AGE:20 YEARS,
30. MUKKIPADAL SUNIL KUMAR
S/O. MUKKI PADAL MARSYA RAJU,
AGE:19 YEARS,
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31. NARANJI SUNIL KUMAR
S/O. NARANJI KONDALA RAO,
AGE:29 YEARS,
32. NARAYANA NAGULA
S/O LAKSHMAYYA,
AGE:30 YEARS,
33. PENUMALLU SOWJANYA
D/O PENUMALLU SATYANARAYANA
AGE:23 YEARS,
34. RATNALA RAJUKATTAM
S/O BAZARU,
AGE:29 YEARS,
35. S KHALESHA
S/O S. VAHAB,
AGE:26 YEARS,
36. SAGINA RAJESH
S/O.SAGINA VIJAYA KUMAR,
AGE:19 YEARS,
37. SALLANGI SRINIVASA RAO
S/O. SALLANGI CHITTI BABU,
AGE:29 YEARS,
38. SIMHACHALAM JAMI
S/O, NAGESWARA RAO,
AGE:37 YEARS,
39. SRIKANTAM DEVAVARAPU
S/O SATYANARAYANA,
AGED:36YEARS,
40. TELLAM MANGATAYARU
D/O. TELLAM GANGARAJU,
AGE:27 YEARS,
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41. TELLAM SURESH
S/O TELLAM JAGAUUA,
AGE:26 YEARS,
42. THRIMURTHULUVEMBARI
S/O CHINA BALANNA,
AGE:31 YEARS,
43. TRIPURA SUNDARI REDDY
D/O. VENKATARAMANA,
AGE:37 YEARS,
44. VANDALABU DEEMULLU NAIDU
S/O VANDLABU NEELAKANTAM,
AGE:19 YEARS,
45. VANTHALA LAKSHMANNA
S/O VANTHALA RATTU,
AGE:25 YEARS,
RESPONDENTS NO.5 TO 45
ARE STUDENTS OF
DIGANTH T.T.I ENGLISH MEDIUM
HANCHALA GATE, HUDUKULA POST
KOLAR-563112.
46. NATIONAL COUNCIL FOR TEACHER
EDUCATION (NCTE)
OFFICE AT HANS BHAVAN WING-II
BAHADUR SHAH ZAFAR MARG,
NEW DELHI - 110002.
REP. BY ITS REGISTRAR. ...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 R46,
NOTICE TO R5 - R45 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 DTD:1.6.2017 ISSUED BY
THE R-4 SO FAR IT PERTAINS TO THE STUDENTS OF THE
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PETITIONER COLLEGE ADMITTED FOR 2ND 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 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 8 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.
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:
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"(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 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 10 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 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 11 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