Karnataka High Court
Ajagar Pasha vs The Registrar on 3 September, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-K:6613
WP No. 201538 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 201538 OF 2024 (EDN-RES)
BETWEEN:
AJAGAR PASHA
S/O MUBARAK ALI
AGE. 40 YEARS, OCC. DRIVER,
HIGH COUT KALABURAGI BENCH
R/O H.NO. B2-0-2, HIGH COURT STAFF
QUARTER HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
...PETITIONER
(BY SRI. LIYAQAT FAREED USTAD, ADVOCATE)
AND:
Digitally signed THE REGISTRAR
by KARNATAKA LAW UNIVERSITY,
BASALINGAPPA NAVANAGAR HUBBALI-580025.
SHIVARAJ ...RESPONDENT
DHUTTARGAON
(BY SRI. MAHANTESH PATIL., ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE THE WRIT
IN NATURE OF MANDAMUS AND THEREBY DIRECT THE RESPONDENT
TO CONSIDER THE REPRESENTATION DATED 27.11.2023 MARKED
AS ANNEXURE-B AND TO AWARD LLB 3RD SEMESTER MARKS CARD,
PASSING CERTIFICATE AND CONVOCATION CERTIFICATE TO THE
PETITIONER, ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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NC: 2024:KHC-K:6613
WP No. 201538 of 2024
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs;
a. Issue a writ in nature of Mandamus and thereby direct the Respondent to consider the Representation dated:27.11.2023 marked as Annexure-B and to award LLB 3rd semester marks card, passing certificate & convocation certificate to the petitioner b. That exemplary cost may be imposed upon university for causing delay in issuing the LLB 3rd semester marks card to the Petitioner. c. Any other directions may be issued in the facts and circumstances of the case in the interest of justice and equity.w
2. The petitioner had taken admission to LLB three years course in the year 2012-13 in the Karnataka Law College Sharan Nagar, Kalaburagi. He having cleared all the papers in the year 2016, marks cards were issued for 1st, 2nd, 4th, 5th and 6th semester. The Marks card was not issued for the 3rd semester despite the petition having cleared the said semester. Convocation being held the petitioner was -3- NC: 2024:KHC-K:6613 WP No. 201538 of 2024 also not permitted to participate in the convocation and receive the Degree Certificate.
3. In furtherance of which the petitioner had submitted a representation on 27.11.2023 to the said college which was forwarded to the respondent-Registrar, Karnataka Law University which did not evoke any response. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs.
4. The submission of Sri.Liyaqat Fareed Ustad., counsel for the petitioner is that the petitioner has discharged all its obligations, appeared for the exam, cleared the examination even thereafter the marks card and the Degree Certificate has not been issued.
5. Sri.Mahantesh Patil., learned counsel for the respondent would submit that there being a negative report submitted by the Bar Council of India as regards the college. The university has not been able to consider the representation of the petitioner and issue the Marks card and/or the degree certificate, which negative report had been informed -4- NC: 2024:KHC-K:6613 WP No. 201538 of 2024 to the college in the year 2011-12 with a specific direction to the college not to admit any students.
6. Heard Sri.Liyaqat Fareed Ustad., learned counsel appearing for petitioner and Sri.Mahantesh Patil., learned counsel appearing for respondent. Perused papers.
7. Though it is contended by the university that on account of the negative report of the Bar Council of India, the college was directed not to admit any students. A perusal of the marks card insofar as the petitioner is concerned indicates that the marks card has been issued by the university for the examination held in June 2015, June 2016, December 2015 and December 2016. Thus, in effect, the university has accepted the admission of this petitioner to the college as also issued a marks card on the basis of the evaluation done of the examination attended to by the petitioner.
8. If the university and/or the Bar Council had any objection to the college continuing to function, both -5- NC: 2024:KHC-K:6613 WP No. 201538 of 2024 of them, or at least either of them, were required to initiate action against the college so that innocent students were not adversely affected.
9. In the present case, the petitioner, being unaware of the negative report of the Bar Council as also being unaware of the instructions of the university to the college, had enrolled with the college, attended the examination and Marks card has also been issued by the university. During all this time, no action has been taken either by the Bar Council or the University against the college, but action is taken only against a student who had enrolled with the said college.
10. On inquiry as to whether any action has been taken or proposed to be taken against the said college, an affidavit has been filed by the Registrar of the university stating that action would be taken in terms of norms of the KSLU and that necessary information would also be sent to the Bar Council of India in -6- NC: 2024:KHC-K:6613 WP No. 201538 of 2024 regard to any inadequacies or non-compliance on part of the college.
11. In that view of the matter, I am of the considered opinion that the fault being with the college and not being with the student, the student who has appeared for the exam and succeeded in the exam as per the evaluation done by the university, cannot be deprived of the degree that he is entitled to. As such, I pass the following;
ORDER
i. The writ petition is allowed.
ii. A mandamus is issued, directing a respondent
to consider the representation of the petitioner dated 27.11.2023, issue the marks card as regards the pending 3rd semester and if the petitioner has cleared all the examination to confer upon him the degree of a three-year LLB. All the above actions have to be completed within a period of 30 days from the date of receipt of a certified copy of this order. -7-
NC: 2024:KHC-K:6613 WP No. 201538 of 2024 iii. Necessary report to be sent by the university to the Bar council as regards any inadequacies of the college within the said timeframe, with the Bar Council being directed to consider the same and take necessary action in relation there to. iv. The respondent university is also directed to host on its website the details of the colleges regarding which the university has directed not to enroll students and/or any other adverse comments made against any college by any authority, including the Bar Council of India, so as to make available to the students information relating to the particular college, enabling informed decisions to be made.
Sd/-
(SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 88