Karnataka High Court
Padma Priya 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.26662/2017
&
WRIT PETITION Nos.27578-27624/2017 (EDN-RES)
BETWEEN:
PADMA PRIYA D.ED COLLEGE,
GANDHI NAGAR,
BANGARPET - 563 114,
REP. BY ITS ADMINISTRATOR,
SRI PURUSHOTHAMAN,
S/O LATE P. RAMA NAIR,
AGED ABOUT 61 YEARS,
GANDHI NAGAR, BANGARPET,
KOLAR DISTRICT - 563 114. ...PETITIONER
(BY SRI S. SARAVANA ADV. FOR
SRI D.R. RAVISHANKAR, ADV.)
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF HIGHER EDUCATION,
VIKASA SOUDHA,
REPRESENTED BY
PRINCIPAL SECRETARY
2. DIRECTOR OF STATE EDUCATIONAL
AND RESEARCH AND TRAINING,
100 FEET RAOD, BSK II STAGE,
BENGALURU - 560 041.
REPRESENTED BY ITS DIRECTORS.
3. DIRECTOR (OTHER EXAMINATIONS),
KARNATAKA SECONDARY EDUCATION
2
AND EXAMINATION BOARD,
MALLESHWARAM
BENGALURU - 560 003.
4. DISTRICT INSTITUTE OF EDUCATIONAL
& TRAINING, CHIKKAHASALA,
KOLAR - 563 112.
REPT. BY ITS PRINCIPAL,
5. PURUSHOTHAMAN,
S/O LATE P. RAMA NAIR,
AGED ABOUT 61 YEARS,
PADMA PRIYA D.ED. COLLEGE,
ADMINISTRATOR,
GANDHI NAGAR,
BANGARPET - 563 114.
BANGARPET TALUK,
KOLAR DIST - 563 114.
6. TANKARA SRAVANTHI,
D/O. T VENKAT RAMULU,
AGED ABOUT 21 YEARS,
R/AT:- VEPOOR VILLAGE,
MAHABOOB NAGAR DISTRICT
TELANGANA STATE - 501 202
7. ERRAGOLA MALLESHWARI
D/O. ERRAGOLA VENKATAIAH,
AGED ABOUT 22 YEARS,
R/AT GONAKOTTAPALLY VILLAGE,
HANWADA MANDAL
MAHABOOB NAGAR DIST
TELANGANA STATE - 501 202
8. PATLAVATH KISHAN
S/O. PATLAVATH PURYA,
AGED ABOUT 22 YEARS,
R/AT: GANDED VILLAGE,
RANGA REDDY DISTRICT
TELANGANA STATE - 501 202
9. CHINNAMALLA SAI BABA
S/O. SAILU,
AGED ABOUT 22 YEARS,
3
R/AT: GANDED VILLAGE,
RANGA REDDY DISTRICT,
TELANGANA STATE - 501 202
10. S. MARIYAMMA
D/O. S. BALAIAH
AGED ABOUT 22 YEARS,
R/AT: THIRUMALAGIRI VILLAGE,
BALA NAGAR MANDAL,
MAHABOOB NAGAR DISTRCIT,
TELANGANA STATE - 509408
11. M. RAJESHWARI
D/O. BALAIAH,
AGED ABOUT 234 YEARS,
R/AT: HOSUE NO 2-75,
NEAR POST OFFICE,
ADDAKAL VILLAGE,
MAHABOOB NAGAR DISTRICT,
TELANGANA STATE - 509382.
12. KUMBA VARALAXMI
D/O. KUMBA SHANTAIAH,
AGED ABOUT 24 YEARS,
R/AT: D. NO. 2-75,
NEAR POST OFFICE,
ADDAKAL VILLAGE,
MAHABOOB NAGAR DISTRICT,
TELANGANA STATE - 509382
13. CHITTAMONI BHARGAVI
D/O. CHITTAMONI KRISHNAIAH,
AGED ABOUT 23 YEARS,
R/AT: HOUSE NO 5-83,
A. MUSTHAPOOR VILLAGE,
BHOOTHPOOR MANDAL,
MAHABOOB NAGAR DISTRICT,
TELANGANA STATE - 509382
14. SHYAMALA
D/O. DASAIAH,
AGED ABOUT 23 YEARS,
R/AT: HOUSE NO 3-172/1,
MOHAMADABAD VILLAGE,
4
GANGDED MANDAL,
RANGA REDDY DISTRICT,
TELANGANA STATE - 501202
15. V. AMRUTHA,
D/O. V RAMDAS NAIK,
AGED ABOUT 19 YEARS,
R/AT: HOSUE NO 3-172/1,
MOHAMADABAD VILLAGE,
GANGDED MANDAL,
RANGA REDDY DISTRICT,
TELANGANA STATE - 501202
16. B. KANTHAMMA
D/O. B. VENKATAPPA,
AGED ABOUT 34 YEARS,
R/AT :NO.64, PEDDUR POST,
SHANTHIPURAM MANDAL,
KUPPAM TALUK,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 423.
17. SUDHA RANI. K
D/O. VENKATESU,
AGED ABOUT 21 YEARS,
R/AT PEDDUR POST,
SHANTHIPURAM MANDAL,
KUPPAM TALUK,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 423.
18. BHAGYA LAXMI BUJURU
D/O. VENKATAIAH GOUD,
AGED ABOUT 29 YEARS,
R/AT POTHULA MADUGU VILLAGE,
BHOOTHPOOR MANDAL,
MAHABUB NAGAR DISTRICT,
TELANGANA STATE-509 382.
19. V. KAVITHA
D/O. VENKATA SWAMI,
AGED ABOUT 19 YEARS,
R/AT PEDDUR POST,
SHANTHIPURAM MANDAL,
KUPPAM TALUK
5
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 423.
20. KUMMARI KRISHNA
S/O. KUMMARI BALRAJ,
AGED ABOUT 22 YEARS,
R/AT: HOUSE NO. 3-50/A,
KOWKUNTLA VILLAGE AND POST,
CHEVELLA MANDAL,
RANGA REDDY DISTRICT,
TELANGANA STATE-501 503.
21. CHANDRA BABU SANKARAPPA
S/O. SANKARAPPA. K,
AGED ABOUT 27 YEARS,
R/AT JEEDUR VILLAGE,
MALLANUR POST,
KUPPAM MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 415.
22. Y. RAMANI
D/O. Y. YELLAPPA,
AGED ABOUT 26 YEARS,
R/AT ANIMIGANIPALLI VILLAGE,
VENDUGANIPALLI POST,
KUPPAM MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 425.
23. B. VENKAT RAYA CHETTY
S/O. DOLIA NAIK,
AGED ABOUT 37 YEARS,
R/AT AMBAPURAM VILLAGE,
KAWGUNDI POST,
KUPPAM MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 425.
24. V. VASUNDHARA
D/O. OOSAPPA,
AGED ABOUT 30 YEARS,
R/AT NO.8/144/3, T.B. ROAD,
KUPPAM,
6
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 425.
25. R. RAVI KUMAR
S/O. A. RAMA SWAMY,
AGED ABOUT 33 YEARS,
R/AT NO.144/3, T.B. ROAD,
KUPPAM,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 425.
26. REVATHI DHARMAVARAM
D/O. VISWANATHA REDDY. D.,
AGED ABOUT 27 YEARS,
R/AT KOWKUNTLA VILLAGE AND POST,
CHEVELLA MANDAL,
RANGA REDDY DISTRICT,
TELANGANA STATE-501 503.
27. AZRUDDIN KADAPPA
S/O. K. MAHABOOB BASHA,
AGED ABOUT 27 YEARS,
R/AT M.B.T. ROAD,
HIGH SCHOOL STREET,
ANGALLU MANDAL,
MADANAPALLE DISTRICT,
ANDHRA PRADESH-517 327.
28. GUMMI REDDY RAGHAVENDRA REDDY
S/O. G. KESHAVA REDDY,
AGED ABOUT 24 YEARS,
R/AT ALLUGUMEDU VILLAGE,
KOULEAPALLI POST,
VALLACHURU MANDAL,
ANANTHAPUR DISTRICT,
ANDHRA PRADESH-515 591.
29. R. ASWINI
D/O. K. RAJA,
AGED ABOUT 20 YEARS,
R/AT GUTTAPALLI COLONY VILLAGE,
DASEGOWNURU POST,
KUPPAM MANDAL,
7
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 425.
30. GURU MOORTHY ALATHUR
S/O. GAJENDRAIAH.A,
AGED ABOUT 33 YEARS,
R/AT SUBBAIAH GUNTA VILLAGE,
R. MALLAVARAM POST,
RENINGUNTA MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 520.
31. T. MEENA
D/O. THIMMA RAYAPPA,
AGED ABOUT 19 YEARS,
R/AT ABAVI BUDUGUR
VILLAGE AND POST,
KUPPAM MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 425.
32. NANDA GOPAL. M
S/O. RAMANADHAM. M.,
AGEDA BOUT 32 YEARS,
R/AT CHAVATAGUNTA VILLAGE,
VEEDURU KUPPAM POST,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 569.
33. GOWNIPALLI LAKSHMI DEVI
D/O. G. VENKAT RAMANA,
AGED ABOUT 22 YEARS,
R/AT CHERLOPALLI VILLAGE,
GORLA MUDIVEDU,
RAYACHOTY MANDAL,
KADAPA DISTRICT,
ANDHRA PRADESH-516 269.
34. P. MADHURI
S/O. P. UMAPATHI NAIDU,
AGED ABOUT 18 YEARS,
R/AT MALEVANDLAPALLI VILLAGE,
USTHIKAYALAPENTA VILLAGE AND POST,
YERRAVARIPALEM MANDAL,
8
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 214.
35. T. MOUNIKA
D/O. T. RAVI KUMAR,
AGED ABOUT 23 YEARS,
R/AT HOUSE NO. 4-637,
BOUND STREET, GREAMSPET,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 002.
36. N. PARVATHAGIRI
D/O. NAGENDRAN. L.,
AGED ABOUT 31 YEARS,
R/AT KOTTALUR VILLAGE,
ADAVI BUDUGUR PSOT,
KUPPAM MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 425.
37. G. SURYA PRAKASH
S/O. G. VENKAT RAMANA,
AGED ABOUT 31 YEARS,
R/AT KANDKURIPALLI VILLAGE,
G. KOTHAPALLI POST,
KALIKIRI MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 213.
38. T. GOVINDA RAJULU
S/O. T. NAGAIAH,
AGED ABOUT 40 YEARS,
R/AT HOUSE NO.2-218,
DHANUPURAM,
V. KOTA MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 424.
39. MALLELA ANITHA
D/O. MALLELA KRISHNA REDDY,
AGED ABOUT 24 YEARS,
R/AT GANDED VILLAGE,
RANGA REDDY DISTRICT,
TELANGANA STATE-501 202.
9
40. REGONDI RADHIKA
D/O. REGONDI NARAYANA,
AGED ABOUT 19 YEARS,
R/AT GANDED VILLAGE,
RANGA REDDY DISTRICT,
TELANGANA STATE-501 202.
41. UPPARI NARESH KUMAR
S/O. NARAYANA,
AGED ABOUT 21 YEARS,
R/AT GANDED VILLAGE,
RANGA REDDY DISTRICT,
TELANGANA STATE-501 202.
42. SALLAPI RAVEENDRA
S/O. SALLAPI GANGAPPA,
AGED ABOUT 20 YEARS,
R/AT GUDIKOTHUR VILLAGE,
GUDUPALLI MANDAL,
PES MEDICAL COLLEGE POST,
KUPPAM MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH - 517 425.
43. C. RAVI
S/O. CHINNABAIAH,
AGED ABOUT 32 YEARS,
R/AT MANKAPAKOTTALU VILLAGE,
MALLANUR POST,
KUPPAM MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH - 517 425.
44. PATLOLLA PARIJATHA
D/O. PATLOLLA MUKUNDA REDDY,
AGED ABOUT 19 YEARS,
R/AT GANDED VILLAGE,
RANGA REDDY DISTRICT,
TELANGANA STATE-501 202.
45. RAMESH RAYALA
S/O. ANJAIAH RAYALA,
AGED ABOUT 19 YEARS,
R/AT GANDED VILLAGE,
10
RANGA REDDY DISTRICT,
TELANGANA STATE-501 202.
46. SANDARAM ANITHA
D/O. SANDARAM CHANDRAIAH,
AGED ABOUT 22 YEARS,
R/AT NANCHERLA VILLAGE,
GANDED MANDAL,
RANGA REDDY DISTRICT,
TELANGANA STATE-501 202.
47. BOYA NARSAMMA
D/O. YADAIAH,
AGED ABOUT 24 YEARS,
R/AT NANCHERLA VILLAGE,
GANDED MANDAL,
RANGA REDDY DISTRICT,
TELANGANA STATE-501 202.
48. NAM ILLA ANITHA
D/O.CHENNAIAH,
AGED ABOUT 21 YEARS,
R/AT MOHABBADABAD,
GANDED MANDAL,
RANGA REDDY DISTRICT,
TELANGANA STATE-501 202.
49. B. MAHESH BABU
S/O. B. ANJANEYULU,
AGED ABOUT 25 YEARS,
R/AT GADWAI,
MAHABUB NAGAR DISTRICT,
TELANGANA STATE-501 202.
50. P. RAMA KRISHNA
S/O. NARSIMULU,
AGED ABOUT 26 YEARS,
R/AT GADWAI,
MAHABUB NAGAR DISTRICT,
TELANGANA STATE-501 202.
51. K. AMBIKA
D/O. K. NARSIMULU,
AGED ABOUT 30 YEARS,
11
R/AT VIKHARABAD VILLAGE AND POST,
RANGA REDDY DISTRICT,
TELANGANA STATE.
RESPONDENTS NO.5 TO 51 ARE
STUDENTS OF PADMA PRIYA
D.ED. COLLEGE
GANDHINAGAR
BANGARPET-563 114.
52. NATIONAL COUNCIL FOR TEACHER
EDUCATION (NCTC),
OFFICE AT HANS BHAVAN, WING-II,
BHADUR SHAH ZAFAR MARG,
NEW DELHI - 110002.
REPT. BY ITS REGISTRAR ... RESPONDENTS
(BY SRI A.G. SHIVANNA, ADDL. A.G. A/W.
SRI J M UMESHMURTHY, HCGP FOR R1-R4,
SRI BHARATH K., ADV. FOR R5-R51 V/O. DT.30.06.2017
SRI BASAVARAJ V. SABARAD, ADV. FOR R52)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-L IN REFERENCE DATED 1.6.2017 ISSUED BY
R-4 SO FAR IT PERTAINS TO THE STUDENTS OF THE
PETITIONER COLLEGE ADMITTED FOR 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.
12
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 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 13 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.
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.14
(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 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 15 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 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 16 adhere to the guidelines issued by the respondents in respect of the diploma course.
These petitions stands disposed of accordingly.
Sd/-
JUDGE ST