Karnataka High Court
S V Singre Gowda vs The State Of Karnataka on 5 July, 2021
Equivalent citations: AIRONLINE 2021 KAR 1706
Bench: B.V.Nagarathna, Hanchate Sanjeevkumar
-: 1 :-
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 05TH DAY OF JULY, 2021
PRESENT
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
WRIT PETITION No.10035/2021 (EDN-EX-PIL)
BETWEEN:
SRI S.V.SINGRE GOWDA
S/O LATE S.T.VASANTHE GOWDA,
AGED ABOUT 75 YEARS,
MANAGING TRUSTEE CUM SECRETARY,
GNANA MANDIRA EDUCATION TRUST,
R/AT NO.305 'A', KANAKANAGAR,
KANAKAPURA ROAD, J.P.NAGARA POST,
BENGALURU-560 078.
... PETITIONER
(BY SRI SOMASHEKHARAIAH.R.P., ADV.)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRL. SECRETARY,
M.S.BUILDING, (HIGHER EDUCATION),
DR.AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION,
M.S.BUILDING,
DR.AMBEDKAR VEEDHI,
BENGALURU-560 001.
3. THE DIRECTOR,
(PRE-UNIVERSITY),
EDUCATION DEPARTMENT,
18TH CROSS, MALLESHWARAM,
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BENGALURU-560 003.
... RESPONDENTS
(BY SMT. VANI.H., AGA FOR RESPONDENTS)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
WRIT IN THE NATURE OF CERTIORARI AND QUASH THE
NOTIFICATION DATED 03.06.2021 IN NO.PAPOSHIE/PARIKSHE/
DVIPAPRA/2020-21 ISSUED BY THE RESPONDENT NO.3 UNDER
ANNEXURE-A AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY,
NAGARATHNA J., MADE THE FOLLOWING:
ORDER
This writ petition is filed as a public interest litigation.
2. The petitioner has assailed Notification dated 03/06/2021 (Annexure-A), issued by respondent No.3/Director (Pre-University), Education Department to modify the said Notification and has sought a direction to give a similar benefit of passing II PUC examination to the repeaters and private students also on the basis of the marks obtained in the I PUC exam.
3. According to the petitioner, owing to the raging Corona Virus - COVID-19 Pandemic, the respondent/State Government has taken a decision to cancel the examinations for II PUC students for the academic year 2020-21 and to declare them as successfully completed -: 3 :- the course on the basis of the marks obtained by them in I PUC. If any student is not satisfied with the result, they are permitted to appear for the II PUC examination to be conducted by the State Government in future. Annexures- A and B Notifications also state that insofar as private students and repeaters are concerned, the State Government will conduct the examination in future. According to the petitioner, there are about five lakh PUC students who have to appear for the II PUC examination and now they are going to be declared as 'pass' on the basis of the marks they have secured in I PUC examination, but the said benefit is not extended to the repeaters and private students who have passed I year PUC. Therefore, the writ petition has been filed questioning the Notification dated 03/06/2021.
4. It is stated that there are about 95,000 students who are being discriminated by the State as they are now forced to appear for the II PUC examination unlike the other students who are going to be declared as 'pass' even without appearing in the said examination. It is stated that the fate of these students is in jeopardy as it is not known as to when the COVID-19 Pandemic would -: 4 :- subside and whether any examination would be conducted for them or not. But in the meanwhile, admission process would be completed once there is declaration of result by the State, particularly respondent No.3/Department. These students, who are repeaters or private students would not have an equal opportunity to seek admission in colleges for further education. Hence, they are being discriminated by the State.
5. On the last occasion, on issuance of notices to the respondents, a direction was issued to learned Additional Government Advocate to get instructions in the matter by 17/06/2021. The same reads as under:
"ORDER We have heard learned counsel for the petitioner and learned Additional Government Advocate instructed by Sri. Krishna Prasad.P.N., Joint Director (Exams), Department of Pre-University Education, Malleshwaram, Bengaluru.
Learned Additional Government Advocate explained various categories of students in II PUC course in the State. She submitted that freshers are those students who are to take II PUC examination for the first time and there are about 5,92,816 students in the State. Repeaters are those who have withdrawn their result of II PUC examination in order to improve their examination result, or they failed -: 5 :- last year and have to re-appear in the examination and also private students who have failed last year and who have to re-appear in the II PUC examination this year.
Learned Additional Government Advocate further submitted that the private students are those students who have not studied I PUC course and therefore, insofar as that category of students is concerned, in the absence of any data available, they would have to appear in the examination as and when the date is notified by the State/Department.
We have considered the submissions of learned Additional Government Advocate and also learned counsel for the petitioner and we find that the concern of the petitioner is not so much with regard to private students but with regard to the repeaters who have studied I PUC course and who have sought for parity along with the freshers who have to appear for II PUC examination to be conducted this year. In that regard, the submission made was that since the result of I PUC examination are available insofar as repeaters excluding the private students are concerned, their I PUC results may also be taken into consideration, just as the result of I PUC course is to be taken into consideration insofar as the freshers are concerned.
Learned Additional Government Advocate also submitted that an Expert Committee has been constituted in this regard and on the basis of the opinion of Expert Committee, a decision would be taken by the State Government insofar as various -: 6 :- categories of students are concerned. Hence, the matter may be adjourned for some time.
We place on record the submissions of learned Additional Government Advocate and Sri. Krishna Prasad.P.N., Joint Director (Exams), Department of Pre-University Education.
In the circumstances, pending a comprehensive decision to be taken by the State, the Pre-University Board shall not announce the results of the freshers namely those who have to take II PUC examination for the first time.
It is needless to observe that a decision which is comprehensive shall be taken bearing in mind all categories of students.
Since, some time is sought for the said purpose, the matter is adjourned to 05.07.2021.
A copy of this order to be made available to the learned Additional Government Advocate as well as the learned counsel for petitioner".
Pursuant to the said order, learned Additional Government Advocate has filed a memo furnishing Communication dated 03/07/2021 issued by the Director, Department of Pre-University Education, Bengaluru. On the basis of the said Communication, learned Additional Government Advocate has filed a memo, which is extracted as under:
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"The Respondents State respectfully submits as under;
1. That the Expert Committee constituted by the Department of Pre University Education under the Chairmanship of Joint Director (Exams) has deliberated and considered the various aspects of examinations, including promoting the repeater candidates.
2. With regard to repeater candidates the Expert Committee has recommended to promote all the enrolled repeater candidates. The said report dated 01.07.2021 has been placed before the State Government and the solutions provided have been accepted by the State Government.
3. It is submitted that the three categories of repeater students and the corresponding decision taken by the Government are as under:
1) Those who wish to improve their previous results,- they are permitted to reject their results for two times in 3 consecutive sessions immediately after passing the exam.
2) Those who appeared as regular/fresher candidates and had not obtained the minimum passing marks in one/more subjects in the previous attempts.
3) Private students who had appeared in previous second year PUC exams, but not obtained minimum passing marks in one/more subjects.
As far as the 1st category of students are concerned, it has been decided to permit them to retain their previous marks. If they are not satisfied -: 8 :- with their previous marks, they can appear for the II PUC examination, which is to be conducted by the Department and the marks obtained by them in the coming II PUC examination shall be final.
As far as the 2nd and 3rd category of students are concerned, it has been decided to promote them by giving minimum passing marks along with five percent grace marks.
4. It is submitted that in so far as the Private students who have enrolled directly to the 2nd PUC Examination of 2021, they shall have to appear for the 2nd PUC Examination which will be conducted by the Department after the Covid-19 situation improves.
5. It is submitted that the Hon'ble Supreme Court has directed all the State Boards to announce the results of second PUC / 12th standard exams before 31 of July 2021.
WHEREFORE, it is prayed that the aforesaid information be considered in accordance with law, to meet the ends of justice and equity."
6. Learned Additional Government Advocate, on instructions from Sri Krishna Prasad P.N., Joint Director (Exams), Department of Pre-University Education, who is present before this Court submitted that as far as the fresh candidates are concerned, the results would be declared on the basis of the following formula: -: 9 :-
"45% of the marks obtained in SSLC or equivalent examination + 45% of marks obtained in I PUC examination + 10% of marks from II PUC assessment of performance made by the respective colleges."
7. It is also submitted that option has been given to those students who have rejected their earlier results for the purpose of improvement to either, accept the previous result or appear for the II PUC examination to be conducted, once the COVID-19 Pandemic subsides.
8. As far as private students are concerned, it is submitted that if they have already appeared previously in the II PUC examination and have failed in one of those subjects, they will also be promoted by giving the minimum passing marks and/or 5% grace marks. But other private students who are appearing for the II PUC examination to be held this year, will have to appear for the said examination to be conducted by the Department having regard to the COVID-19 situation.
9. It is further stated that the Hon'ble Supreme Court has directed all the State Boards to announce the results of II PUC/12th standard exams before 31/07/2021. -: 10 :-
10. We have heard learned counsel for the petitioner also. He submitted that appropriate orders may be made on the petition.
11. It was also submitted that insofar as private candidates are concerned, this Court may direct the respondents to conduct the examination for such candidates or anybody else who wishes to appear in the said examination, at the earliest possible date so that, on conduct of such examination and declaration of results, those candidates also could seek admission in the colleges for further studies.
12. Learned Additional Government Advocate, on instructions, submitted that before 31/07/2021, the results of the candidates on the aforesaid formula shall be declared.
13. Her submission is placed on record.
14. However, insofar as other students including private students, who intend to appear for the II PUC examination are concerned, the said examination shall be conducted and completed by the respondent/Department on or before 31/08/2021, bearing in mind all COVID-19 -: 11 :- protocols and standard operating procedures. The results of the said examination shall be declared prior to or on 20/09/2021.
15. It is needless to observe that the aforesaid timeframe shall be adhered to by the respondent/Department as the same has been issued bearing in mind the interest of the students and also taking note of the fact that the number of COVID-19 cases in the State is on the decline at present.
16. Writ petition is disposed of in the aforesaid terms.
No costs.
Sd/-
JUDGE Sd/-
JUDGE S*