Karnataka High Court
Santhosh D.Ed College vs 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.26667/2017
&
WRIT PETITION Nos.27991-28112/2017 (EDN-RES)
BETWEEN:
SANTHOSH D.ED COLLEGE
NO.1169, NEAR CANARA BANK
KOLAR MAIN ROAD,
BANGARPET
KOLAR DISTRICT-563114
REP. BY ITS SECRETARY,
SRI.A. ADIL PASHA,
AGED ABOUT 32 YEARS,
S/O SRI. ABDUL SATTAR,
NO.1037, CORONATION ROAD,
BANGARPET,
KOLAR DISTRICT-563114 ...PETITIONER
(BY SRI S. SARAVANA, ADV. FOR
SRI D.R. RAVISHANKAR, ADV.)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION,
VIKASA SOUDHA
BANGALORE-01
REPRESENTED BY
PRINCIPAL SECRETARY
2. DIRECTOR OF STATE EDUCATIONAL
AND RESEARCH AND TRAINING,
2
100 FEET ROAD, BSK II STAGE
BENGALURU-560 041
REPRESENTED BY ITS DIRECTOR
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. AKUMALLA MOHAMMAD RAFI
S/O AKUMALLA NABISAB
AGE 21 YEARS,
6. ANANDA RAO KILLO
S/O SEETHARAM
AGE 27 YEARS,
7. M ARSHIYA AFREEN
D/O M.MOHAMMAD ASAD
AGE 24 YEARS,
8. AFSAR S
D/O MASTHAN SAHEB S
AGE 27 YEARS,
9. K.G.BHARGAVI
D/O K.GOVINDAPPA
AGE 22 YEARS,
10. DRAKSHAYANI G S
D/O SIVA KUMARAIAH
AGE 37 YEARS,
3
11. GADUTHURI RUKMANGA
S/O. GADUTHURI THIRUPATHI RAO
AGE 27 YEARS
12. KAVITHA D S
D/O SUBRAMANYAM D
AGE 37 YEARS,
13. N.K.KUMAR
S/O K.SUBRAMANYAM
AGE 31 YEARS,
14. KATIKE JYOTHI
D/O K.PEEROJI
AGE 18 YEARS,
15. MALLI REDDY SADALA
S/O BALU REDDY SADALA
AGE 29 YEARS,
16. MADAKAM PAVANI
D/O MADAKAM POSANNA DORA
AGE 24 YEARS,
17. D NAGARATHNAM
D/O D RAMANA
AGE 31 YEARS,
18. J. NAVANEETHA
D/O JAYAPPA
AGE 23 YEARS,
19. PANGI NARASIMHA NAIDU
S/O PANGI NARAYANA
AGE 22 YEARS,
20. PEDAPROLUVARA SAI PRASAD SINGH
S/O PEDAPROLU JOHN WILLIUM GANESH SINGH
AGE 20 YEARS,
4
21. PENUMALA VENKATA RAO
S/O PENUMALA MOHAN RAO
AGE 28 YEARS,
22. S RESHMA BANU
D/O S.K.SARDAR BASHA
AGE 21 YEARS,
23. S RAMA KRISHNA
S/O S.VENKATAPPA
AGE 34 YEARS,
24. SHYAM SUNAR GOLLORI
S/O GASANNA KAMALA
AGE 29 YEARS,
25. SEELAM YUVARAJULU NAIDU
S/O S DORESWAMY NAIDU
AGE 27 YEARS,
26. SONTENA ANAND PREM KUMAR
S/O SONTENA PUNYA RAO
AGE 22 YEARS,
27. SAMAREDDY ERA SRIRAMA NAIDU
S/O SAMAREDDY MUKUNDHU
AGE 18 YEARS,
28. SHAIK MOHAMMAD ARSHAD
S/O S SHAMEER BASHA
AGE 34 YEARS,
29. YATLA SATYA NARAYANA REDDY
S/O YATLA CHINA NAGI REDDY
AGE 23 YEARS,
30. BAIKAM RAJESHWARI
D/O BAIKAM MAISAIAH BAIKAM
AGE 18 YEARS,
5
31. K SUPRIYA
D/O K SAMYA NAIK
AGE 20 YEARS,
32. POOJARI MAHESHWARI
D/O P SHEKAR
AGE 19 YEARS,
33. KATROTH LALUPRASAD RATHOD
S/O KATROTH BALARAM,
AGE 18 YEARS,
34. PAKANTI RAMA DEVI
D/O PAKANATI SRINIVASA RAO
AGE 19 YEARS,
35. GAJJI PAVANI
D/O GAJJI RAMULU
AGE 19 YEARS,
36. S MOHAMMED
S/O S MAHABOOB BASHA
AGE 17 YEARS,
37. KORRA CHANTI BABU
S/O KORRA BALANNA
AGE 29 YEARS
RESPONDETNS 5 TO 37 ARE
I YEAR STUDENTS OF
SANTOSH D.ED COLLEGE,
BANGARPET,
KOLAR DISTRICT-563 114.
38. BHASKARA RAO B
S/O SONIA,
AGE 31 YEARS,
39. BUDEI GIRI PRASAD
S/O SATYANARAYANA PADAL
AGE 27 YEARS,
6
40. CHITTAPULI SURYA PRAKASH
S/O CHITTA PULI NARAYANA
AGE 27 YEARS,
41. CHODIA BALARAM
S/O CHODIA DOMBU
AGE 30 YEARS,
42. DHARMA RAO GABUDU
S/O BASAVANNA
AGE 33 YEARS,
43. DADIYA TRINATH
S/O GASIRAM
AGE 29 YEARS,
44. DEESARI KRISHNA
S/O DEESARI GUNDU
AGE 25 YEARS,
45. GABUDU RAMAKRISHNA
S/O BONDULU
AGE 30 YEARS,
46. GUDEPU KRISHNA CHAITANYA NAIDU
S/O APPARAO
AGE 22 YEARS,
47. JARTHA LINGAYYA DORA
S/O JARTHA SURI BABU
AGE 25 YEARS,
48. RAMESHWARI JAMPARANGI
D/O SALANNA
AGE 37 YEARS,
49. KARRI SHEEBA RANI
D/O KARRI SAMUEL REDDY
AGE 20 YEARS,
7
50. SUNADARAMMA KORRA
D/O PENTANNA
AGE 36 YEARS,
51. KOLAPARI RAMANA BABU
S/O KOLAPARI APPARAO
AGE 23 YEARS,
52. KIMUDU HARI KRISHNA
S/O KIMUDU RAMA CHANDRAUDU
AGE 29 YEARS,
53. KIMUDU KESAVA RAO
S/O SIMHADRI
AGE 29 YEARS,
54. KIMUDU BHANU MURTHI
S/O GASI RAO
AGE 32 YEARS,
55. KONDAL RAO DADIYA
S/O KARTHIK
AGE 31 YEARS,
56. MANDI JYOTHI
D/O MANDI RAMANNA
AGE 23 YEARS,
57. MAJJI RAMA RAO
S/O MAJJI LONDA BABU
AGE 27 YEARS,
58. MANJULA S
D/O BABU
AGE 29 YEARS,
59. GANGA BHAVANI KUNCHE
D/O NARASIMHA MURTHY KUNCHE
AGE 27 YEARS,
8
60. NAGA RAJU MASADI
S/O MATYA LINGAM MASADI
AGE 25 YEARS,
61. POTHU RAJU PUJARI
S/O SOMI NAIDU
AGE 27 YEARS
62. PARNEEL KUMAR CHITTAPULI
S/O NARAYANA PADAL
AGE 32 YEARS,
63. PETIYA RATNA KUMAR
S/O BONDU
AGE 31 YEARS,
64. PURUSAKARI SUBRAMANYAM
S/O SOMANNA
AGE 28 YEARS,
65. RAMU POTTURU
S/O DEVAYYA,
AGE 31 YEARS,
66. REYYALA ANIL KUMAR
S/O REYYALA KONDALA RAO,
AGE 21 YEARS,
67. RAMESH SOLAGAM
S/O CHITTAYYA DORA,
AGE 32 YEARS,
68. RAMA RAO K
S/O MANGLANNA
AGE 33YEARS,
69. SEESA SURESHA KUMAR
S/O SEESA JOYYA
AGE 29 YEARS,
9
70. SAGENI UMA MAHESH
S/O SAGENI BABU RAO
AGE 20 YEARS,
71. SEETADEVI KOSURI
D/O DHARMAJUREDDY
AGE 32 YEARS
72. SOBOYI SUNDAR RAO
S/O BUTTU
AGE 29 YEARS,
73. SRIKANTH JODE
S/O SIRAMAYYA
AGE 33 YEARS,
74. SWATHI ROVVAM
D/O KANNAYYA
AGE 34 YEARS,
75. THIRINADH REYYALA
S/O SEETHA RAM
AGE 34 YEARS,
76. VANUGU V.V. SWAMY
S/O VANUGU RAMANNA
AGE 26 YEARS,
77. VANDALA VEERA VENKATA SATYANARAYANA
S/O VANDALAM NAGES WARA RAO
AGE 21 YEARS,
78. VASAMSETTI SATYA SRIDEVI
D/O V BHAVANI SANKAR
AGE 35 YEARS,
79. VECHANGI SIVAJI
S/O VECHANGI RAMANA
AGE 25 YEARS,
10
80. VANTALA SANYASAYYA
S/O VANTALA PARSURAM
AGE 31 YEARS,
81. VANTHALA RAJU BABU
S/O VANTHALA DOSSO
AGE 25 YEARS
82. ARLABU MATYA LINGAM
S/O ARLABU RAJANNA
AGE 27 YEARS,
83. APPANNA BABU BADANAINI
S/O BONJANNA
AGE 30 YEARS,
84. BADNAINI GIRIBABU
S/O BADNAINI KANTHI RAJU
AGE 25 YEARS,
85. BHEEMUNI URMILA KUMARI
S/O BHEMUNI SURYA NARAYANA PADAL
AGE 21 YEARS,
86. BOINA MOHAN RAO
S/O BOJJANNA
AGE 29 YEARS,
87. BULLI DORA PODIYAM
S/O JAGGANA DORA
AGE 30 YEARS,
88. CHENDA LALITHA
D/O CHENDA APPALA SWAMY,
AGE 20 YEARS,
89. CHITTAPULI BALA KRISHNA
S/O CHITTAPULI RAJESWARA RAO,
AGE 19 YEARS,
11
90. CHITTAPULI RAVICHANDRA PADAL
S/O CHITTAPULI MANMADHA RAO PADAL,
AGE 19 YEARS,
91. DURIYA SUNIL KUMAR
S/O DURIYA SUBBAYYA,
AGE 25 YEARS,
92. GADDANGI SURYA RAO
S/O GADDANGI SOMANNA,
AGE 23 YEARS,
93. GASI SAMARDI
S/O AMMANNA,
AGE 35 YEARS,
94. LAKE KRISHNA CHAITHANAYA
S/O LAKE SONA DHAR,
AGE 20 YEARS,
95. KANTHI DEVI PRASANNA
D/O KANTHI SUBBA RAO,
AGE 28 YEARS,
96. KANAKA RAJU KORRA
S/O TAMMAYYA,
AGE 31 YEARS,
97. KARARI NIROSH KUMAR
S/O. KATARI MANMADHA RAO,
AGE 23 YEARS,
98 KATARI DEVENDRUDU
S/O KATARI BONJANNA,
AGE 27 YEARS,
99. KOLIKELA RAMBABU
S/O K CHINNA RAO,
AGE 22 YEARS,
12
100. KORABU VENKATESH
S/O KORABU YERRAM NAIDU,
AGE 20 YEARS,
101. KODA LOKESH KUMAR
S/O KODA SANYASAYYA,
AGE 19 YEARS,
102. KONTA SUDHAKAR
S/O GANESWARA RAO,
AGE 20 YEARS,
103. KUNTHURU KOTESWARA RAO
S/O KUNTHURU SANYASI RAO,
AGE 26 YEARS,
104. KUDU SURYA MANI
D/O KUDU BONJU BABU,
AGE 20 YEARS,
105. KUNISETTI SUPRIYA
D/O KUNISETTI SUBBIREDDY,
AGE 19 YEARS,
106. KOTIBABU SEEDARI
S/O BUDRANNA,
AGE 31 YEARS,
107. KORLAKUNTA ERANNA
S/O M RAJAPPA,
AGE 20 YEARS,
108. LABUDUBARIKI RAMESH KUMAR
S/O LABUDUBARIKI RAMA RAO,
AGE 19 YEARS,
109. MAJJI BHASKAR RAO
S/O MAJJI SOMANNA,
AGE 27 YEARS,
13
110. MATTAM PRAMOD KUMAR
S/O MATTAM MUKUNDU PADAL,
AGE 20 YEARS
111. MUNAGA ASHOK KUMAR
S/O MUNAGA KAMALAKARA RAO,
AGE 22 YEARS,
112. PANGI KOTIBABU
S/O PANGI SURYA RAO,
AGE 20 YEARS,
113. PATHUNI SRINU
S/O PATHUNI GANTHANNA,
AGE 19 YEARS,
114. PENUMALLU DHAMAYANTHI
D/O PENUMALLU NOOKI REDDY,
AGE 19 YEARS,
115. ULLI RUDRAYYA
S/O ULLI SREENU BABU,
AGE 26 YEARS,
116. MUNCHANGI SUBBA RAO
S/O MUNCHANGI CHITTAYYA,
AGE 24 YEARS,
117. PEKETI TIRUMALA RAO
S/O PEKETI VEERA BHADRA RAO,
AGE 24 YEARS,
118 POYA YOGANAND
S/O RAJA RAO,
AGE 30 YEARS,
119. VASUPARI MADHAVI
D/O VASUPARI RAMA KRISHNA,
AGE 18 YEARS,
14
120. SAMAREDDI VENKATA RAMANA
S/O LAICON,
AGE 26 YEARS,
121. SALLA VENKATA LAKSHMI
D/O SALLA NAGESHWARA RAO,
AGE 28 YEARS,
122. MATHYA LINGAM SAGENI
S/O KRISHNACHARI,
AGE 29 YEARS,
123. SURRA RAMBABU
MATYA RAJU,
AGE 22 YEARS,
124. SEEDARI NAGESWARA RAO
S/O SEEDARI APPALA SWAMY,
AGE 29 YEARS,
125. SINDERI VENKATA RAMANA
S/O SINDERI CHINNABBAI,
AGE 22 YEARS,
126. SOYYARI BALARAJU
S/O SOYYARI BONJANNA,
AGE 20 YEARS,
RESPONDENTS 38 TO 126 ARE
2ND YEAR D.ED, STUDENTS OF
SANTOSH D.ED COLLEGE,
#1169, NEAR CANARA BANK
BANGARPET,
KOLAR DISTRICT-563114
127. NATIONAL COUNCIL FOR TEACHER
EDUCATION (NCTE)
OFFICE AT HANS BHAVAN WING-II
BAHADUR SHAH ZAFAR MARG,
15
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 R127
NOTICE TO R5 - R126 D/W. V/O. DTD. 12.04.2018)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEX-L DATED 1.6.2017 ISSUED BY R-4 SO FAR IT
PERTAINS TO THE STUDENTS OF THE PETITIONER
COLLEGE ADMITTED FOR FIRST YEAR D.ED., COURSE
FOR ACADEMIC YEAR 2016-17 AND SECOND 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 16 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 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.
17
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:
"(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 18 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 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 19 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 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