Karnataka High Court
Mahesh S/O Shivaraj And Ors vs The Chief Secretary & Anr on 13 November, 2014
Author: Dilip B. Bhosale
Bench: Dilip B. Bhosale
1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 13TH DAY OF NOVEMBER 2014
BEFORE
THE HON'BLE MR.JUSTICE DILIP B. BHOSALE
W.P.Nos.205996 & 206013-031/2014
C/W
W.P.Nos.205911-205971/2014,
W.P.Nos.206032-206053/2014,
W.P.Nos.206054-206061/2014,
W.P.Nos.206066-206076/2014,
W.P.Nos.206077-206093/2014,
W.P.Nos.206126 & 206156-161/2014,
W.P.Nos.206131 & 206138-155/2014 AND
W.P.Nos.206125 & 206162-172/2014 (EDN-ADMN)
WRIT PETITION Nos.205996 & 206013-031/2014:
BETWEEN:
1. Mahesh S/o Shivaraj
Age: 20 years,
Occ: Student,
R/o Talikoti,
Tq. Muddebihal,
Dist: Bijapur-586101.
2. Shivanand S/o Vishwanathayya
Age: 22 years, Occ: Student,
R/o Basavakalyan, Dist: Bidar-585401.
3. Sharanabasava S/o Mallikarjun
Age: 23 years, Occ: Student,
R/o Basavakalyan, Dist: Bidar-585401.
2
4. Mahesh S/o Rachanna
Age: 23 years, Occ: Student,
R/o Basavakalyan, Dist: Bidar-585401.
5. Vinay S/o Dilipkumar
Age: 21 years, Occ: Student,
R/o Basavakalyan, Dist: Bidar-585401.
6. Premkumar S/o Vijaykumar
Age: 21 years,
Occ: Student,
R/o Talikoti,
Tq. Muddebihal,
Dist: Bijapur-586101.
7. Veershetty S/o Sharanappa
Age: 19 years, Occ: Student,
R/o Basavakalyan, Dist: Bidar-585401.
8. Rachayyaswamy S/o Bandayya
Age: 24 years, Occ: Student,
R/o Raichur-584101.
9. Dayanand S/o Subhash
Age: 24 years, Occ: Student,
R/o Bidar-585401.
10. Anand S/o Subhash
Age: 23 years, Occ: Student,
R/o Yadgir-585201.
11. Mahesh S/o Mukundrao
Age: 26 years, Occ: Student,
R/o Bidar-585401.
12. Vinod S/o Bhemanna
Age: 22 years, Occ: Student,
R/o Bidar-585401.
3
13 Akash S/o Vishwanath
Age: 20 years, Occ: Student,
R/o Bidar-585401.
14. Shashikanth S/o Tuljaram
Age: 24 years, Occ: Student,
R/o Panchasheel Nagar,
Gulbarga-585102.
15. Mallikarjun S/o Raghunath
Age: 26 years, Occ: Student,
R/o Kushanur, Tq. Aurad,
Dist. Bidar-585401.
16. Tulsamma D/o Gundappa
Age: 20 years, Occ: Student,
R/o Bidar-585401.
17. Anusoyya D/o Umajirao
Age: 21 years, Occ: Student,
R/o Hunushal, Tq. Humanabad,
Dist: Bidar-585401.
18. Santosh S/o Vaijinath
Age: 22 years, Occ: Student,
R/o Anadur, Dist: Bidar-585401.
19. Yohan S/o Javinath
Age: 24 years, Occ: Student,
R/o Bhalki, Dist: Bidar-585401.
20. Rameshgouda S/o Lingannagouda
Age:25 years, Occ: Student,
R/o Mallabad, Tq. Jewargi,
Dist: Gulbarga-585310.
...Petitioners
(By Smt. Sharada R. Patil, Advocate)
4
AND:
1. The Chief Secretary,
Govt. of Karnataka,
Higher Education Department,
Bangalore-5860001.
2. The Registrar
Gulbarga University,
Gulbarga-585101.
... Respondents
(By Sri. Shivakumar Tengli, AGA for R1,
By Sri. R.V. Nadagouda, Advocate for R2)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India praying to quash the order dated
23.09.2014, with SL.No.GUG/2014-15 6579 University,
Gulbarga, which is at Annexure 'D'.
W.P.Nos.205911-205971/2014:
BETWEEN
1. Hanamanta S/o Sannapullayya
Age: 30 years, Occ: Student,
R/o Adarsh Nagar, Gulbarga.
2. Bharati D/o Malkappa
Age: 35 years, Occ: Student,
R/o Badepur Colony, Gulbarga.
3. Basavaraj S/o Sakrappa
Age: 25 years, Occ: Student,
R/o Om Nagar, Gulbarga.
4. Goutam S/o Shivashranappa
Age: 20 years, Occ: Student,
5
R/o Azadpur, Gulbarga.
5. Ravikiran S/o Basavanappa
Age: 22 years, Occ: Student,
R/o Gubbi Colony, Gulbarga.
6. Shivanand S/o Nijayya
Age: 21 years, Occ: Student,
R/o Ganesh Nagar, Gulbarga.
7. Nitin S/o Suryakant
Age: 22 years, Occ: Student,
R/o Satnraswadi, Gulbarga.
8. Ningappa S/o Ramanna
Age: 20 years, Occ: Student,
R/o STBT Road, Gulbarga.
9. Shridevi D/o Chandrappa
Age: 20 years, Occ: Student,
R/o Darga, Gulbarga.
10. Sarita D/o Harishchandra
Age: 21 years, Occ: Student,
R/o Bank Colony, Gulbarga.
11. Mahantayya S/o Shambulingayya
Age: 25 years, Occ: Student,
R/o Prashant Nagar, Gulbarga.
12. Sangeeta D/o Shankarao
Age: 28 years, Occ: Student,
R/o Kusnoor Road, Gulbarga.
13. Nitin S/o Siddarth
Age: 22 years, Occ: Student,
R/o University Road, Gulbarga.
6
14. Jyoti D/o Dhondiba Kalambe
Age: 21 years, Occ: Student,
R/o KCT Colony, Gulbarga.
15. Revanasiddappa S/o Mallappa
Age: 22 years, Occ: Student,
R/o Kapanoor Road, Gulbarga.
16. Archana D/o Dharmaraj
Age: 21 years, Occ: Student,
R/o Aland Check Post, Gulbarga.
17. Aishwarya D/o Shivayogappa
Age: 19 years, Occ: Student,
R/o Maktampur, Gulbarga.
18. Gonda Sudhir S/o Ramchandra
Age: 19 years, Occ: Student,
R/o Gazipur, Gulbarga.
19. Rajashekar S/o Shivakumar
Age: 23 years, Occ: Student,
R/o Siddeshwar Nagar, Gulbarga.
20. Waseemakram S/o Azemuddin
Age: 23 years, Occ: Student,
R/o Bulland Dharwaj Colony, Gulbarga.
21. Manjunath S/o Jagannath
Age: 20 years, Occ: Student,
R/o Bare Hills, Gulbarga.
22. Syed Hider Ali S/o Moula Ali
Age: 22 years, Occ: Student,
R/o Jay Nagar, Gulbarga.
7
23. Syed Sarwerali S/o Moula Ali
Age: 23 years, Occ: Student,
R/o Pooja Colony, Gulbarga.
24. Bheemuikumar S/o Shivakumar
Age: 20 years, Occ: Student,
R/o Rajapur, Gulbarga.
25. Priyanka D/o Chandrakant
Age: 19 years, Occ: Student,
R/o Gubbi Colony, Gulbarga.
26. Shivaling S/o Shivasharanappa
Age: 20 years, Occ: Student,
R/o M.B. Nagar, Gulbarga.
27. Sushma D/o Manohar
Age: 19 years, Occ: Student,
R/o Gunj Colony, Gulbarga.
28. Nandini D/o Sharnagouda
Age: 20 years, Occ: Student,
R/o Shivaji Nagar, Gulbarga.
29. Veeresh S/o Channappa
Age: 20 years, Occ: Student,
R/o Milland Colony, Gulbarga.
30. U.K. Sunilkumar S/o U.Kanakaprasad
Age: 22 years, Occ: Student,
R/o Munim Sangh, Gulbarga.
31. Aishwarya D/o Gurushantappa
Age: 20 years, Occ: Student,
R/o S.B. College, Gulbarga.
32. Nagarj S/o Ashok
8
Age: 22 years, Occ: Student,
R/o Sharan Nagar, Gulbarga.
33. Yuvaraj S/o Shreeshail
Age: 20 years, Occ: Student,
R/o Aiwan-E-Shahi, Gulbarga.
34. Mehul Gawli S/o Pradeep Gawli
Age: 20 years, Occ: Student,
R/o Station Road, Gulbarga.
35. Pradeep S/o Ambaraya
Age: 20 years, Occ: Student,
R/o Tarfail, Gulbarga.
36. Ambikabai D/o Mallikarjun
Age: 20 years, Occ: Student,
R/o Venkatesh Nagar, Gulbarga.
37. Anil .H. Awanti S/o Hunchappa
Age: 19 years, Occ: Student,
R/o Sai Colony, Gulbarga.
38. Fatima D/o Hamidmiyan
Age: 25 years, Occ: Student,
R/o Ram Mandir, Gulbarga.
39. Santosh S/o Eranna
Age: 19 years, Occ: Student,
R/o Jewargi Colony, Gulbarga.
40. Ambika D/o Rajashekhar
Age: 19 years, Occ: Student,
R/o Jewargi Colony, Gulbarga.
41. Vinay S/o Dundappa
Age: 20 years, Occ: Student,
9
R/o P & T Colony, Gulbarga.
42. Vishal S/o Dundappa
Age: 20 years, Occ: Student,
R/o Santosh Colony, Gulbarga.
43. Sunilkumar S/o Ramchandra
Age: 20 years, Occ: Student,
R/o MSK Mill Road, Gulbarga.
44. Bhagyashree D/o Siddanna
Age: 19 years, Occ: Student,
R/o Bank Colony, Gulbarga.
45. Vinod Chimadi S/o Basavaraj
Age: 21 years, Occ: Student,
R/o Jewargi Colony, Gulbarga.
46. Shreya D/o Sangamesh
Age: 21 years, Occ: Student,
R/o KHB Colony, Gulbarga.
47. Moulali S/o Chand
Age: 22 years, Occ: Student,
R/o Shiv Mandir, Gulbarga.
48. Jafar Patel S/o Ahammad Patel
Age: 22 years, Occ: Student,
R/o Ganesh Mandir, Gulbarga.
49. Hanamantraya S/o Jetteppa
Age: 20 years, Occ: Student,
R/o Laxxmi Mandir, Gulbarga.
50. Ashwini D/o Mallanna
Age: 20 years, Occ: Student,
R/o Govt. Degree Colony, Gulbarga.
10
51. Bhavani D/o Laxman
Age: 20 years, Occ: Student,
R/o RTO Sedam Road, Gulbarga.
52. Mustak Madarkar
S/o Saheb Patil,
Age: 20 years, Occ: Student,
R/o Police Colony, Gulbarga.
53. Shobha D/o Namdev
Age: 19 years, Occ: Student,
R/o Revansiddeshwar Colony, Gulbarga.
54. Vishalkumar S/o Shivaji
Age: 22 years, Occ: Student,
R/o Smarat Colony, Gulbarga.
55. Rohini D/o Sanjukumar
Age: 20 years, Occ: Student,
R/o Vithal Nagar, Gulbarga.
56. Bhuvaneshwari D/o Panchakshari
Age: 19 years, Occ: Student,
R/o Kalnoor, Tq & Dist, Gulbarga.
57. Arvind Kumar S/o Siddappa Sullad
Age: 18 years, Occ: Student,
R/o Shahabad, Tq. Chittapur,
Dist. Gulbarga.
58. Sunanda D/o Bheemashankar
Age: 20 years, Occ: Student,
R/o Wadi, Tq. Chittapur,
Dist. Gulbarga.
59. Anuradha D/o Shivasharanappa
11
Age: 25 years, Occ: Student,
R/o Gulbarga.
60. Shirshailkumar S/o Gollalappa
Age: 20 years, Occ: Student,
R/o Gulbarga.
61. Sandeepkumar Neelkant
Age: 21 years, Occ: Student,
R/o Gulbarga.
...Petitioners
(By Sri. Ashok .S. Kinagi Advocate)
AND
1. The Registrar
Gulbarga University,
Gulbarga 585106.
2. The Principal
Guruji Arts & Commerce Degree College,
Basava Complex, Opp KGB Bank,
Basaveshwar Colony, Gulbarga-585104.
3. The Principal
Luqman Degree College of Science & Arts,
Badepur Colony Dargah Road,
Gulbarga-585105.
4. The Principal
Govt. Degree College,
Gulbarga-585105.
5. The Principal
M.S. Irani Degree College Arts, Science &
Commerce,
Gulbarga-585102.
12
6. The Principal
Sharanbasaveshwar College of
Science, Gulbarga-585103.
7. The Principal
S.S. Tegnoor Degree College,
H.No.2-907/14/20/9, Gubbi Colony,
Badepur, Gulbarga 585105.
8. The Principal
National Degree College of Arts &
Commerce,
Dargah Road, Gulbarga-585105.
9. The Principal
Reshmi Education & Charitable Trust,
Reshmi Vidya Bhavan, Saraswatipur,
Kusnoor Road, Gulbarga-585106.
10. The Principal
Shri Sai Education Society's
Sri Sai Degree College of Computer,
Applications, Gulbarga-585106.
....Respondents
(By Sri. R.V. Nadagouda Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India praying to issue order or writ or
direction in the nature of certiorari quashing Circular No.
UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 dated 23.09.201/11-10-2014 vide
Annexure- 'C' passed by the 1st respondent for the Academic
year 2014-15 and etc.
13
WRIT PETITION Nos. 206032-53/2014:
BETWEEN:
1. Mohd. Saifuddin S/o Nizamuddin
Age: 20 years,
Occ: B.Com., Student,
R/o H.No.3-1-60 Berron Quilla,
Zakir Hussain Chowk,
Raichur.
2. Mohammed Rafi S/o Mohammed Meheboob
Age: 21 years,
Occ: B.Com., Student,
R/o Raichur.
3. Jayasimha S/o Vanktesh .M
Age: 20 years, Occ: BCA Student,
R/o H.No. 8-5-80/2, Harijnawada,
Gadwal Road, Raichur.
4. Shruthi D/o Mounappa
Age: 19 years, Occ: B.Sc. Student,
R/o H.No. Room No.15, B-Block,
Near S.P. Office, Raichur.
5. Soundrarya K.S.
D/o Satyanarayana K.P.
Age: 18 years,
Occ: B.A. Student,
R/o Jyothi Colony, Raichur.
6. Thirumala S/o Gopal
Age: 23 years, Occ: B.A. Student,
R/o Raichur.
7. Shrikanth P. S/o Govndappa P.
Age: 22 years, Occ: B.A. Student,
R/o Raichur.
14
8. Syeda Shaista Samreen D/o Syed Aleem
Age: 24 years, Occ: B.Com. Student,
R/o Raichur.
9. Prashant S/o Venkatesha
Age: 21 years,
Occ: B.Com. Student,
R/o Sindhnoor, Dist: Raichur.
10. Urmila D/o Veeresh Reddy
Age: 19 years,
Occ: B.Com. Student,
R/o H.No.12-8-305, New Madaravadi,
Raichur.
11. Ambika D/o Balaji Rao
Age: 21 years, Occ: B.A. Student,
R/o Raichur.
12. Veena S. D/o Shankar Rao
Age: 19 years, Occ: B.A. Student,
R/o Raichur.
13. Praveen S/o Balaji
Age: 21 years, Occ: Student,
R/o Raichur.
14. Asha D/o Maksood Miya
Age: 35 years,
Occ: B.A. Student,
R/o H.No.1-4-88/245/1,
Telicom Colony, Raichur.
15. Rohini D/o Basavaraj
Age: 22 years,
Occ: B.A. Student,
R/o Raichur.
16. Hasainsab S/o Hussainsab Takeed
Age: 21 years,
15
Occ: B. Com, Student,
R/o Raichur.
17. Vikas Mallel S/o Karan Kumar
Age: 25 years, Occ: B. Com. Student,
R/o Raihcur.
18. Swapnan D/o Nagaraj
Age: 20 years,
Occ: B.A. Student,
R/o H.No.2-2-271,
Nijalingappa Colony,
Raichur.
19. Pramod Kumar S/o Prabhu
Age: 22 years,
Occ: B.Com. Student,
R/o Post: Nelehal, Dist: Raichur.
20. Divya Shanthi D/o Narasangouda
Age: 23 years,
Occ: B.A. Student,
R/o H.No.1-4-157/122,
Amareshwar Colony,
Ashapur Road, Raichur.
21. Durgappa S/o Tayappa
Age: 23 years, Occ: B.A. Student,
R/o Raihcur.
22. Raghavendra S/o Thimmappa
Age: 22 years,
Occ: B.Sc. Student,
R/o Raichur.
...Petitioners
(By Sri. Shivasharan Reddy, Advocate)
16
AND:
1. The Registrar
Gulbarga University, Gulbarga.
2. The Karnataka State Open University
Manasagangotri, Mysore-571001.
Represented by its Registrar.
3. The Principal
Shree Anand Degree College,
Raichur-584101.
4. The Principal
Thomas Degree College,
Raichur-584101.
5. The Principal
L.V.D. College,
Raihcur-584101.
6. The Principal
Methodists Degree College,
Raichur-584101.
7. The Principal
Seva College,
Raichur-584101.
8. The Principal
Mourya College,
Raichur-584101.
9. The Principal
Govt. Degree College,
Sindhanoor, Dist: Raichur-584101.
10. The Principal
H.C.N.S.U. Degree College,
Raichur-584101.
17
11. The Principal
Sri. Ramakrishna Degree College,
Raichur-584101.
12. The Principal
D.K. Bhandari Degree College,
Raichur-584101.
13. The Principal
Government Degree College,
Raihcur-584101.
... Respondents
(By Sri. R.V. Nadagouda Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India praying to issue a writ in the
nature of certiorari by quashing the notification (circular) No.
PÀ.æ £ÀA.UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 dated 23.09.201/11-10-2014
vide Annexure- 'E' to their writ petition passed by
respondent No.1 and etc.
WRIT PETITION Nos.206054-206061/2014:
BETWEEN:
1. Shantamma D/o Nagappa Metri
Age: 20 years,
Occ: B.Sc. Student,
R/o Valakindi,
Tq. Humnabad, Dist: Bidar.
2. Bassamma D/o Mallinath Saali
Age: 25 years,
Occ: B.A. Student,
R/o Saraf Bazar, Gulbarga.
3. Jagannath S/o Ashok Bhovi
18
Age: 22 years, Occ: B.Sc. Student,
R/o Hegade Nagar, Gulbarga.
4. Sharanbasappa S/o Laxman Roopnoor
Age: 24 years,
Occ: B.Com. Student,
R/o Dubai Colony, Gulbarga.
5. Siddaram S/o Rajshekar Martoor
Age: 24 years,
Occ: B.Com. Student,
R/o Dubai Colony, Gulbarga.
6. Revansiddappa S/o Mallinath Khemaji
Age: 22 years,
Occ: B.Sc. Student,
R/o Shah Bazar, Gulbarga.
7. Kiran Kumar S/o Mallanna Madiwalkar
Age: 21 years, Occ: B.Sc. Student,
R/o Andola, Tq. Jewargi,
Dist: Gulbarga.
8. Akash S/o Vinodrao Kulkarni
Age: 22 years, Occ: B.Com. Student,
R/o Gulbarga.
....Petitioners
(By Sri. Shivasharan Reddy, Advocate)
AND:
1. The Registrar
Gulbarga University,
Gulbarga-585103.
2. The Karnataka State Open University
Manasagangotri,
Mysore-571001,
Represented by its Registrar.
19
3. The Principal
Reshmi Education & Charitable Trust,
Saraswatipuram Kusnoor Raod,
Gulbarga-585103.
4. The Principal
Vijay Vidyalaya Methodists Degree College,
Of Arts & Commerce, Gulbarga-585103.
5. The Principal
S.S. Tegnoor Degree College,
Gulbarga-585103.
6. The Principal
Sai Presidency Degree College,
Of B.A., B.Com,
Renuka Complex, Above Krishna
Grameena Bank,
High Court Road,
Ram Mandir Circle,
Gulbarga-585103.
7. The Principal
M.S. Irani Degree College of Arts
Science & Commerce,
Gulbarga-585103.
....Respondents
(By Sri. R.V. Nadagouda, Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India praying to issue a writ in the
nature of certiorari by quashing the notification (circular) No.
PÀ.æ £ÀA.UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 dated 23.09.201/11-10-2014
vide Annexure- 'D' to their writ petition passed by
respondent No.1.
20
WRIT PETITION Nos. 206066-206076/2014:
BETWEEN:
1. Yankappa S/o Sannahanumantappa
Age: 25 years, Occ: B.Sc. Student,
R/o At & Post: Talakeri,
Tq. Yalburga, Dist: Raichur.
2. Pawan S/o Narasappa
Age: 20 years, Occ: B.Sc. Student,
R/o Yadgir, Dist: Yadgir.
3. Navyashree D/o Narasappa
Age: 20 years, Occ: B.Sc. Student,
R/o Yadgir, Dist: Yadgir.
4. Suresh Kumar S/o Bangareppagouda
Age: 21 years, Occ: B.Sc. Student,
R/o Ramasamudra, Tq. & Dist: Yadgir.
5. Lilly Margaret D/o Baskar
Age: 20 years, Occ: B.Sc. Student,
R/o Wadi,
Tq. Chittapur, Dist: Gulbarga.
6. Prashant S/o Shivashankar
Age: 18 years, Occ: B.Sc. Student,
R/o Yadgir, Tq.& Dist: Yadgir.
7. Santosha S/o Shivaling
Age: 19 years, Occ: B.Sc. Student,
R/o Yadgir, Tq. & Dist: Yadgir.
8. Sunil Kumar S/o Vithal Rao Kumar
Age: 21 years, Occ: B.Sc. Student,
R/o Yadgir, Tq. & Dist: Yadgir.
9. Rajnikantha S/o Milarappa H
Age: 21 years, Occ: B.Sc. Student,
21
R/o Raichur.
10. Abdul Rauffsiddiqui S/o Abdul Razzak
Age: 22 years, Occ: B.Sc. Student,
R/o Yadgir, Tq. & Dist: Yadgir.
11. Sannabasamma D/o Bheemanna
Age: 19 years, Occ: B.Sc. Student,
R/o Yadgir, Tq. & Dist: Yadgir.
....Petitioners
(By Sri. Shivasharan Reddy, Advocate)
AND:
1. The Registrar
Gulbarga University,
Gulbarga-585103.
2. The Karnataka State Open University,
Manasagangotri & Mukthagangotri,
Mysore-570001.
Represented by its Registrar.
3. The Principal
Nivedita Arts & Science Degree College,
Yadgir-585202.
....Respondents
(By Sri. R.V. Nadagouda, Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India praying to issue a writ in the
nature of certiorari by quashing the notification (circular) No.
PÀ.æ £ÀA.UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 dated 23.09.201/11-10-2014
vide Annexure- 'D' to their writ petition passed by
respondent No.1.
22
W.P.Nos.206077-206093/2014:
BETWEEN:
1. Revansiddappa S/o Bhimray
Age: 21 years, Occ: B.Com. Student,
R/o Industrial Area, Yadgir.
2. Vishwanath S/o Ramachandra Mehatha
Age: 21 years, Occ: B.Com. Student,
R/o Yadgir, Dist: Yadgir.
3. Shilpa D/o Narsing Chavan
Age: 22 years, Occ: B.Com. Student,
R/o Yadgir, Dist: Yadgir.
4. Mallikarjun S/o Mahadevappa
Age: 21 years, Occ: B.Com. Student,
R/o Yadgir, Dist: Yadgir.
5. Honnappa S/o Badappa
Age: 22 years, Occ: B.Com. Student,
R/o Yadgir, Dist: Yadgir.
6. Abdul Basha S/o Jilani Sab
Age: 23 years, Occ: B.Com. Student,
R/o Hurusagundigi,
Tq. Shahapur, Dist: Yadgir.
7. Mallappa S/o Malleshappa
Age: 30 years, Occ: B.Com. Student,
R/o Bandalli, Tq. & Dist: Yadgir.
8. Khandappa S/o Mahadevappa
Age: 22 years, Occ: B.Com. Student,
R/o Hurusagundigi,
Tq. Shahapur, Dist: Yadgir.
9. Manjunanth Basavaraj S/o Basavaraj
Age: 23 years, Occ: B.Com. Student,
23
R/o Hurusagundigi,
Tq. Shahapur, Dist: Yadgir.
10. Laxmi D/o Sanganna
Age: 23 years, Occ: B.Com. Student,
R/o Vadnalli,
Tq. & Dist. Yadgir.
11. Vishal Kumar S/o Mallayya
Age: 20 years, Occ: B.A. Student,
R/o Yadgir,
Tq. & Dist. Yadgir.
12. Nagappa S/o Basappa
Age: 23 years, Occ: B.A. Student,
R/o Kadamgera,
Tq. Shahapur, Dist: Yadgir.
13. Mohan Kumar S/o Mallanna
Age: 21 years, Occ: B.A. Student,
R/o Yadgir,
Tq. & Dist. Yadgir.
14. Shiva Kumar S/o Mallikarjuna
Age: 25 years, Occ: B.A. Student,
R/o Yadgir,
Tq. & Dist. Yadgir.
15. Mahmad Rafi Saleem Sab Gulami
S/o Saleem Sab, Gulami,
Age: 22 years, Occ: B.A. Student,
R/o Kurukundi,
Tq. Shahapur & Dist. Yadgir.
16. Prabhugouda S/o Malakareddy
Age: 22 years, Occ: B.A. Student,
R/o Yadgir,
Tq. & Dist. Yadgir.
17. Monappa S/o Mareppa
24
Age: 25 years, Occ: B.A. Student,
R/o Tadibidi,
Tq. Shahapur & Dist. Yadgir.
...Petitioners
(By Sri. Shivasharana Reddy, Advocate)
AND:
1. The Registrar
Gulbarga University,
Gulbarga-585103.
4. The Karnataka State Open University,
Manasagangotri, & Mukthagangotri,
Mysore-570001.
Represented by its Registrar.
5. The Principal
Mallika Degree College,
Yadgir-585202.
....Respondents
(By Sri. R.V. Nadagouda, Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India praying to issue a writ in the
nature of certiorari by quashing the notification (circular) No.
PÀ.æ £ÀA.UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 dated 23.09.201/11-10-2014
vide Annexure- 'D' to their writ petition passed by
respondent No.1 and etc.
W.P.Nos.206126 & 206156-161/2014:
BETWEEN:
1. Renuka D/o Hanumayya
Age: 22 years, Occ: Student,
R/o Post Markal (M),
25
Tq: Shahapur District Yadigri-585201.
2. Channabasappa S/o Nagappa
Age: 23 years, Occ: Student,
R/o Post Channur,
Tq: Shahapur District Yadigri-585201.
3. Yankappa S/o Mareppa Meti
Age: 23 years, Occ: Student,
R/o Post Abhishal,
Tq: Shahapur District Yadigri-585201.
4. Geeta D/o Somashekharayya
Age: 21years, Occ: Student,
R/o Post Halaypet,
Tq: Shahapur District Yadigri-585201.
5. Chandrakala D/o Somashekharayya
Age: 20years, Occ: Student,
R/o Post Halayapet,
Tq: Shahapur District Yadigri-585201.
6. Harikrishna S/o Erannagoudas
Age: 23 years, Occ: Student,
R/o Post Herapur,
Tq: and District Raichur.
7. Satish D/o Mallikarjun
Age: 23 years, Occ: Student,
R/o Post Chika Sindagi
Tq: Sindagi District Bijapur.
...Petitioners
(By Sri. Shivasharana Reddy, Advocate)
AND:
1. The Registrar Gulbarga
University,
Gulbarga-585104
26
2. The Karnataka State Open University,
Muktagangotri,
Mysore-570006.
Represented by its Registrar.
3. The Principal Banasiri Degree
College Hirewadagera,
Tq: Shahapur District Yadagiri-585201.
....Respondents
(By Sri. R.V. Nadagouda, Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India praying to allow this writ petition
and issue a writ of certiorari or any other appropriate writ or
order for direction to quash the order dated 23.09.2014
passed by the respondent No.1 Bearing No.
UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 produced at Annexure-A and etc.
W.P.Nos.206131 & 206138-155/2014:
BETWEEN:
1. Sharanappa S/o Basavaraj
Age: 21 years, Occ: Student,
R/o Mailapur,
Tq. and District Yadgiri-585201.
2. Aravind S/o Sourappa
Age: 21 years, Occ: Student,
R/o Azalapur,
Tq. and District Yadgiri-585201.
3. Md. Intehaz S/o Md. Hasansab
Age: 21 years, Occ: Student,
R/o Tq. and District Yadgiri-585201.
4. Bhimashankar S/o Gurunathappa
Age: 20 years, Occ: Student,
R/o Mailapur,
Tq. and District Yadgiri-585201.
27
5. Eshwarappa S/o Marthandappa
Age: 21 years, Occ: Student,
R/o Mailapur,
Tq. and District Yadgiri-585201.
6. Subhas S/o Veeranna
Age: 20 years, Occ: Student,
R/o Mailapur,
Tq. and District Yadgiri-585201.
7. Arunakumar S/o Subash
Age: 21 years, Occ: Student,
R/o Mailapur,
Tq. and District Yadgiri-585201.
8. Kumar S/o Devaram
Age: 20 years, Occ: Student,
R/o Anikeri Ramanayak Tanda,
Tq. Chitapur District Gulbarga-585102.
9. Monesh S/o Shivappa
Age: 21 years, Occ: Student,
R/o Kanapur
Tq. Shahapur District Yadgiri-585201.
10. Beerling S/o Sharanappa
Age: 20 years, Occ: Student,
R/o Tq. and District Yadgiri-585287.
11. Shashidhar S/o Hanumanth
Age: 19 years, Occ: Student,
R/o Tq. and District Yadgiri-585287.
12. Bandappagouda S/o Siddalingappa
Age: 19 years, Occ: Student,
R/o Lingegri Tq. Shahapur
District Yadgiri-585287.
13. Vishwanath D S/o Dattatraya
28
Age: 20 years, Occ: Student,
R/o Wadi,
Tq. Chitapur District Gulbarga-585102.
14. Raghavendra S/o Girimallappa
Age: 21 years, Occ: Student,
R/o Tadibidi,
Tq: Shahapur District Yadgiri-585287.
15. Bhimappa S/o Shankarappa
Age: 20 years, Occ: Student,
R/o Idloor, Tq and District Yadgiri-585287.
16. Ravikumar S/o Siddanna
Age: 21 years, Occ: Student,
R/o Hattikuni,
Tq. and District Yadgiri-585287.
17. Nagaraj S/o Chandrakanth
Age: 21 years, Occ: Student,
R/o Tq. and District Yadgiri-585287.
18. Triveni D/o Mallayya
Age: 19 years, Occ: Student,
R/o Tq. and District Yadgiri-585287.
19. Sagar S/o Nagappa
Age: 21 years, Occ: Student,
R/o Tq. and District Yadgiri-585287.
...Petitioners
(By Sri. V.S. Patil, Advocate)
AND:
1. The Registrar Gulbarga
University,
Gulbarga-585104
2. The Karnataka State Open University,
29
Muktagangotri,
Mysore-570006.
Represented by its Registrar.
3. The Principal Chandrashekhar Education
Society's Degree College of Arts,
Science & BBM,
Tq: and District Yadagiri-585201.
....Respondents
(By Sri. R.V. Nadagouda, Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India praying to allow this writ petition
and issue a writ of certiorari or any other appropriate writ or
order for direction to quash the order dated 23.09.2014
passed by the respondent No.1 Bearing No.
PÀ.æ £ÀA.UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 produced at Annexure-A.
W.P.Nos.206125 & 206162-172/2014:
BETWEEN:
1. Surekha D/o Venkanagouda
Age: 20 years, Occ: Student,
R/o Post Diggi,
Tq: Shahapur District Yadgiri-585201.
2. Revanasidda S/o Siddaramayya
Age: 22 years, Occ: Student,
R/o Chamanal
Tq: Shahapur District Yadgiri-585201.
3. Malappa Kondaguli S/o Sharanappa
Age: 22 years, Occ: Student,
R/o Post Ahour,
Tq: Shahapur District Yadgiri-585201.
30
4. Khurshid S/o Lalasab
Age: 24 years, Occ: Student,
R/o Post Hadnur,
Tq: Shahapur District Yadgiri-585201.
5. Shivasharan S/o Siddanna
Age: 22 years, Occ: Student,
R/o Chanur (K) Post Vandurga,
Tq: Shahapur District Yadgiri-585201.
6. Sahebgouda S/o Virupaxappa
Age: 22 years, Occ: Student,
R/o Harlahali,
Tq: Shahapur District Yadgiri-585201.
7. Ayyanna S/o Shankreppa
Age: 22 years, Occ: Student,
R/o Post halayya (B),
Tq: Shahapur District Yadgiri-585201.
8. Srinivas Nayak B. S/o Manappa Nayak
Age: 22 years, Occ: Student,
R/o Post Vandurga,
Tq: Shahapur District Yadgiri-585201.
9. Shivapurtrappa S/o Kalappa
Age: 22 years, Occ: Student,
R/o Post Rajapur (B),
Tq: Shahapur District Yadgiri-585201.
10. Dharmaraj S/o Ninganagouda
Age: 23 years, Occ: Student,
R/o Post Hothpeth,
Tq: Shahapur District Yadgiri-585287.
11. Chaitra D/o Chanrashekharayya
Age: 20 years, Occ: Student,
R/o Gandhi Chowk,
Tq: Shahapur District Yadgiri-585287.
31
12. Shruti D/o Devindrappa
Age: 20 years, Occ: Student,
R/o Gandhi Chowk,
Tq: Shahapur District Yadgiri-585287.
...Petitioners
(By Sri. V.S. Patil, Advocate)
AND:
1. The Registrar Gulbarga
University,
Gulbarga-585104
2. The Karnataka State Open University,
Muktagangotri,
Mysore-570006.
Represented by its Registrar.
3. The Principal
Yashawin Degree College
Shahapur, of Arts & BBM,
Tq: Shahapur District: Yadagiri-585201.
....Respondents
(By Sri. R.V. Nadagouda, Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India praying to allow this writ petition
and issue a writ of certiorari or any other appropriate writ or
order for direction to quash the order dated 23.09.2014
passed by the respondent No.1 Bearing No.
PÀ.æ £ÀA.UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 produced at Annexure-A and
etc.
32
These writ petitions coming on for orders this day, the
Court made the following:
PC:
In this batch of writ petitions filed by petitioner-
students under Article 226 of the Constitution of India,
the Circular dated 23.09.2014, issued by Gulbarga
University, is under challenge. The Circular reads
thus:
"Sub: Admission denied to the students who have
passed the course of 10 + 2, not equivalent
to PUC Course.
Ref: 1) The approval of all the Unit Deans
Dt.09/09/2014.
2) The approval of Vice Chancellor,
Dt.20/09/2014
******
The students who have passed the examinations, which are not equivalent to PUC Course like Paramedical, Bridge Course (of Open University) and of ITI, are not eligible for admission to the Degree courses of BA/B.Sc/B.Com/BBM/BSW. It is brought to notice of the Principals of the Colleges that if they give opportunities of admissions to such students, they shall be directly responsible for doing so.
Sd/-
Registrar (Administration) Gulbarga University Gulbarga"
(Emphasis supplied) 33
2. The petitioner-students state that they have completed "Degree Bridge Course, second year" of Karnataka State Open University, Mysore, and it is equivalent to 12th/PUC-II. According to learned counsel for the respondent - University, the respondent- University issued the impugned circular in view of the decision taken/ resolution passed by the Unit of Deans of all faculties (for short 'the Deans') in their meeting held on 09.09.2014. In the said meeting, which was attended by Vice Chancellor, Dean-faculty of Social Science, Dean-faculty of Education, Dean-faculty of Commerce, Dean-faculty of Arts and Dean-faculty of Law, the Deans considered whether students, who have passed "Bridge Course" from Karnataka Open University, Mysore, could be given admission to degree courses in the Gulbarga University. In the meeting, as it appears from the proceedings dated 09.09.2014, they passed the following resolution:
34
"Resolution:
Clause(1) Regulations governing the Bachelor of Arts/Commerce/Science degree course dealing with eligibility for admission clearly states that, only such candidates who have passed two years Pre-University Examination of Karnataka State or any other Examination recognized as equivalent thereto, are only eligible for Degree courses.
However, candidates who have passed two years Job Oriented Pre-University Diploma Examinations conducted by the Directorate of Vocational Examination of Karnataka are also eligible.
But, as per the regulations, the candidates who have passed a Bridge course of Karnataka State Open University, Mysore being neither two years Pre-University course nor two years Job Oriented Pre-University Diploma course are not eligible for admission to degree course in Gulbarga University, Gulbarga.
Hence, it is resolved that, the matter be accordingly decided by the appropriate authorities of the University for further necessary action."
3. From bare perusal of the impugned circular dated 23.09.2014 and the resolution passed by the Deans dated 09.09.2014, it is clear that what they considered was whether the students, having passed "Bridge Course" of Karnataka State Open University are eligible 35 for admission to degree courses in their University and not the "Degree Bridge Course, second year". In other words, what was resolved by the University/Deans was that the candidates, who have done a "Bridge Course" of Karnataka State Open University are not eligible for admission to the degree courses of B.A./B.Sc./B.Com/ BBM/BSW. It appears that the "Bridge Course" is equivalent to 10th standard.
4. Learned counsel appearing for the respondent- University, on instructions from the Registrar who is present in the Court, could not and did not produce any material before the Court so as to contend that the University/Deans or Academic Council has ever considered whether the students who have completed "Degree Bridge Course, second year" are eligible for admission to their aforementioned degree courses. Petitioners claim that the Degree Bridge Course, second year is equivalent to 12th/PUC-II, as contemplated by 36 the regulation, and the notifications has been issued, to that effect by the Karnataka State Open University. They further state that even the Central Government has issued circular dated 11.12.2002 supporting their contentions, and that this material was not considered by the Deans in their meeting held on 09.09.2014.
5. I would not like to examine the contentions raised by learned counsel for the petitioners. It is apparent that the University/Deans, in the meeting dated 09.09.2014, did not consider whether "Degree Bridge Course, second year" could be recognized as equivalent to PUC-II examination of Karnataka State, as contemplated by the relevant regulation. The relevant regulation, as referred to in the resolution dated 09.09.2014, empowers the University to recognize "any other examination" as equivalent to PUC-II. Learned counsel appearing for the respondent-University fairly states that the University/Deans shall consider afresh whether "Degree Bridge Course, second year" could be 37 recognized as equivalent to PUC-II so as to allow the petitioners or other similarly placed students, to take admission to their degree courses of B.A./B.Sc./B.Com/ BBM/BSW within time frame, and shall communicate its decision to the colleges where the petitioners have taken admission.
6. Having considered the nature of controversy and the submissions advanced by learned counsel for the parties, I am satisfied that the following order shall meet the ends of justice:
(i) The University/Deans, within a period of four weeks from today, shall consider whether a "Degree Bridge Course, second year" could be recognized as or treated equivalent to 12th/PUC-II, and allow the petitioners to take admission or to approve their admissions to the degree courses of B.A./B.Sc./B.Com/BBM/BSW. In other words, whether the students, such as the 38 petitioners, who have completed "Degree Bridge Course, second year" are eligible for admission to the aforementioned degree courses. I hope and trust, that the University/Deans, while considering the issue of equivalence, would do it in the light of the regulation, which empowers them to recognize "other examinations" as equivalent to "two years PUC of Karnataka State", and if they decide not to recognize "Degree Bridge Course, second year", may state reasons for the same, in the resolution/decision.
(ii) The Registrar of the University shall communicate the decision taken by the Deans to the colleges where the petitioners have taken admission, within a period of two weeks from the date of the decision. 39
(iii) If the decision taken by the Deans is adverse to the petitioners, it would be open to them to take appropriate remedy against the same.
(iv) It is open to the petitioners, if they so desire, to produce materials in support of their claim/contentions before the Registrar of the University within a period of ten days from today. If any such material is produced by the petitioners before the Registrar, he shall place it before the Deans, for their consideration. The Deans, I hope and trust shall take into consideration such material for taking the decision, as aforementioned.
(v) In the meanwhile, the respondent-University shall allow the petitioners to appear for the forthcoming examination subject to outcome of the decision that will be taken by the 40 Deans. If the decision of the Deans is in favour of the petitioners, it would be open to the University to declare their results. If, for any reason, the decision is adverse to the petitioners, it is made clear, that the University need not and shall not declare their results.
(vi) All contentions of the parties are kept open.
With these directions, writ petitions are disposed of.
Sd/-
JUDGE swk