Karnataka High Court
Sri. Rakesh Ranjan Sinha vs Karnataka State Open University on 20 February, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:7062
WP No. 23197 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO.23197 OF 2023 (EDN-RES)
BETWEEN:
SRI RAKESH RANJAN SINHA,
S/O RAMESHWAR PRASAD SINGH,
AGED ABOUT 49 YEARS,
R/AT SHIV COLONY, CHHATA,
MATHURA, UTTAR PRADESH - 281 401.
REGISTRATION NO.1176MAGE00027/2011
STUDENT OF MASTER OF ARTS, GEOGRAPHY.
...PETITIONER
[BY SRI MANOJ S.N., ADVOCATE (PH)]
AND:
1. KARNATAKA STATE OPEN UNIVERSITY,
MUKTHA GANGOTHRI, MYSORE - 570 006.
REP. BY ITS REGISTRAR.
2. KARNATAKA STATE OPEN UNIVERSITY,
REP. BY ITS DEPUTY REGISTRAR (EVALUATION),
MUKTHA GANGOTHRI, MYSORE - 570 006.
3. UNIVERSITY GRANTS COMMISSION,
REP. BY ITS SECRETARY,
O/O BAHADUR SHAH ZAFAR MARG,
Digitally signed by
GURURAJ D NEW DELHI - 110 002.
O/O SOUTH WESTERN REGIONAL
Location: High
Court of Karnataka OFFICE (BANGALORE), P.K. BLOCK,
PALACE ROAD, GANDHI NAGAR,
BANGALORE - 560 009.
...RESPONDENTS
[BY SRI T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R1 (PH);
SRI H.R. SHOWRI, ADVOCATE FOR R3; R2 - SERVED]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT UNIVERSITY TO CONSIDER THE CASE OF THE
PETITIONER FOR ISSUANCE OF CONVOCATION CERTIFICATE BASED
ON THE JUDGEMENT OF THIS HONBLE COURT IN SMT.SNEHALATHA
P. VS STATE IN WP NO.8638/2016, DD ON 03/03/2016 (ANNEXURE-
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NC: 2024:KHC:7062
WP No. 23197 of 2023
D) AND MANOJ V/S STATE IN W.P NO.25361/2017 DD ON
13/06/2017 (ANNEXURE-F) AND EXTEND THE RELIEF OF ISSUANCE
OF CONVOCATION CERTIFICATE AND PASSING CERTIFICATE TO THE
PETITIONER; ALTERNATIVELY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENT UNIVERSITY TO DECLARE THAT THE
PETITIONERS MASTER OF ARTS, GEOGRAPHY FOR THE ACADEMIC
YEAR 2011-13 FROM THE RESPONDENT UNIVERSITY IS
RECOGNISED AND VALID IN TERMS OF THE DECISION OF THIS
HONBLE COURT IN THE CASE OF KSOU VS STATE IN WP
NO.34255/2016, DD ON 27/06/2016 (ANNEXURE-E) AND WP
NO.2795/2022 DD ON 02/08/2022 (ANNEXURE-G) AND WP
NO.24293/2021 DD ON 17/08/2022 (ANNEXURE-H) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking for following reliefs:
(a) Issue a writ of mandamus directing the respondent University to consider the case of the petitioner for issuance of Convocation certificate based on the judgment of this Hon'ble Court in Smt.Snehalatha P v/s State in W.P.no.8638/2016, DD on 03.032016 (Annexure-D) and Manoj v/s State in W.P.no.25361/2017, DD on 13.06.2017 (Annexure-F) and extend the relief of issuance of convocation certificate and passing certificate to the petitioner.
(b) Alternatively issue a writ of mandamus directing the respondent University to declare that the petitioners Master of Arts, Geography for the academic year 2011-2013 from the respondent University is recognized and valid in terms of the decision of this Hon'ble Court in the case of KSOU v/s State in W.P.no.34255/2016, DD on 27.06.2016 (Annexure-E) and W.P.no.2795/2022, DD on
02.08.2022 (Annexure-G) and W.P.no.24293/2021, DD on 17.08.2022 (Annexure-H) and etc. -3- NC: 2024:KHC:7062 WP No. 23197 of 2023
2. Sri S.N. Manoj, learned counsel appearing petitioner submitted that petitioner had taken admission in respondent University through NET Academy for pursuing Master of Arts in Geography Course during academic year 2011-13 and completed said Course in year 2014. But on 16.06.2015, respondent no.3-Universty Grants Commission (for short 'UGC') issued a notification derecognizing respondent no.2- Karnataka State Open University (for short 'KSOU'). As a consequence Degree Certificates issued by KSOU were also derecognized and candidature of students with Degrees from KSOU were not being considered for selection and appointment.
3. At that stage, respondent no.2-KSOU had filed W.P.no.34255/2016 before this Court seeking for direction for consideration of candidatures of students who had obtained Degrees from KSOU by taking admission upto academic year 2012-13. It was submitted that this Court on 27.06.2016 disposed of said writ petition by holding that all students of KSOU who had taken admission upto and including academic year 2012-13 and obtained Degrees were eligible to be considered for selection and appointment and their degrees were valid.
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NC: 2024:KHC:7062 WP No. 23197 of 2023
4. It was further submitted that when respondent University refused to issue Degree Certificates to students who had completed Course after academic year 2012-13, this Court in W.P.no.25361/2017 (disposed of on 13.06.2017) by referring to order passed in W.P.no.34255/2016, held action of respondent University refusing to grant Degree Certificates as illegal. It was observed that as long as candidates had taken admission upto and including academic year 2012-13, they would be entitled for issuance of Degree Certificates regardless of year of passing. It was further submitted that said relief was extended even to students from outside Karnataka in W.P.no.24293/2021 disposed of on 17.08.2022. On above grounds learned counsel sought for allowing writ petition.
5. On other hand, Sri T.P. Rajendra Kumar Sungay, learned counsel appearing for respondents no.1 and 2-KSOU sought to oppose writ petition. It was submitted that against decisions in W.P.no.25361/2017 (disposed of on 13.06.2017), W.P.no.2795/2022 (disposed of on 02.08.2022) and also W.P.no.24293/2021 (disposed of 17.08.2022), KSOU had preferred writ appeals and same were pending. It was specifically contended that reason for de-recognition of KSOU -5- NC: 2024:KHC:7062 WP No. 23197 of 2023 by UGC was that students located out side geographical area of Karnataka were being admitted through Academic Collaborative Institutions located outside Karnataka was contrary to UGC Regulation.
6. Such being case, petitioner who hails from Uttar Pradesh and admitted through such outside State Academic Collaborative Institutions would fall foul of UGC Regulation and therefore not entitled for relief. It was submitted that on this specific ground, KSOU and even respondent no.3 had preferred appeals.
7. In reply, learned counsel for petitioner would submits that though Appeals were stated to have been filed, there was no progress and no interim order was granted in said writ appeals.
8. Heard learned counsel and perused writ petition record.
9. From above, it would appear that petitioner's case would be squarely covered by decisions in W.P.no.25361/2017 read with W.P.no.34255/2016. Even insofar as contentions regarding students being admitted through Academic -6- NC: 2024:KHC:7062 WP No. 23197 of 2023 Collaborative Institutions located outside Karnataka, same would be covered by decision in W.P.no.24293/2021. Though, Appeals are stated to have been filed by respondents, there is no interim order of stay granted against judgments. Thus, there would be impediment in following said ratio.
10. In view of same, following decisions in W.P.no.25361/2017 (disposed of 13.06.2017), W.P.no.34255/2016 (disposed of on 27.06.2016) and W.P.no.24293/2021 (disposed of on 17.08.2022), writ petition stands allowed directing respondent-University to issue Degree Certificate in favour of petitioner as expeditiously as possible within an outer limit of six weeks from date of receipt of certified copy of this order.
Sd/-
JUDGE GRD List No.: 1 Sl No.: 45