Karnataka High Court
Sri Srinivasa Education Trust D Ed vs The State Of Karnataka on 12 April, 2018
Author: A.S.Bopanna
Bench: A.S. Bopanna
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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 Nos.50844-50891/2017 (EDN-RES)
BETWEEN:
SRI SRINIVASA EDUCATION
TRUST D.ED
OORGUM PET
KGF, KOLAR-563 101
REP. BY ITS SECRETARY
SRI C. KRISHNAMOORTHI
AGED ABOUT 62 YEARS. ...PETITIONER
(BY SRI SARAVANA S. ADV.)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HIGHER
EDUCATION
VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560 001
REPRESENTED BY
PRINCIPAL SECRETARY.
2. THE DIRECTOR OF STATE EDUCATIONAL
AND RESEARCH AND TRAINING
100 FEET ROAD, BSK II STAGE
BENGALURU-560 041
REPRESENTED BY ITS DIRECTORS
3. THE DIRECTOR [OTHER EXAMINATIONS]
KARNATAKA SECONDARY EDUCATION
AND EXAMINATION BOARD
MALLESHWARAM
BENGALURU-560 003.
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4. DISTRICT INSTITUTE OF
EDUCATIONAL & TRAINING
CHIKKAHASALA
KOLAR-563 112
REPT. BY ITS PRINCIPAL
5. NATIONAL COUNCIL FOR TEACHER
OFFICE AT HANS BHAVAN WING-II
NO.1, BAHADUR SHAH ZAFAR MARG
NEW DELHI-110 002
REPT. BY ITS REGISTRAR.
6. A SRINIVAS
S/O. A BALAPPA
AGED 21 YEARS
7. B. ANANDAM
S/O. BOGARAPU AMULU
AGED 23 YEARS
8. B. YADAIAH
S/O. LAXMAIAH
AGED 27 YEARS
9. BADDE ARAVIND
S/O. BADDE SATYA
AGED 27 YEARS
10. BIJJARAM ANURADHA
D/O. DASTAPPA
AGED 22 YEARS
11. CHEDALA KRISHNAREDDY
S/O. ABBAI REDDY
AGED 33 YEARS
12. CHIKRAM RAMULU
S/O. CHAMPATH RAO
AGED 30 YEARS
13. D. SRINIVA
S/O. ANJAIAJ
AGED 23 YEARS
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14. EGIDIGARI BHARATHI
D/O. E. VENKATAPPA
AGED 33 YEARS
15. G. KASHINATH
S/O. BONADAIAH
AGED 27 YEARS
16. GADDOLU VARALAXMI
D/O. GADDLU NARASIMHA
AGED 26 YEARS
17. GEDAM SRIRAM
S/O. JAITHU
AGED 21 YEARS
18. GOLLAPALLI DEVA KUMAR
D/O. GOLLAPALLI PERAYYA
AGED 23 YEARS
19. GOLLAPALLI JAYASRI
D/O. GOLLAPALLI PERAYYA
AGED 27 YEARS
20. J. SURESH
S/O. J. HANMAIAH
AGED 23 YEARS
21. JOGA SURYA RAMESH
S/O. J. SURYA NARAYANA
AGED 23 YEARS
22. K. VENKATESWARLU DORA
S/O. BEDDIRAJU
AGED 35 YEARS
23. KALUM PAPANNA DORA
S/O. POTHANNA DORA
AGED 26 YEARS
24. KANUMURI THIRUPATHAYYA
S/O. VENKATAIAH
AGED 37 YEARS
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25. KATUMALLA SARAGRACE
D/O. KATUMALLA JOSEPH
MELANGTON
AGED 22 YEARS
26. KOSU GANESWARA RAO DORA
S/O. KOSU PRASADA RAO
AGED 23 YEARS
27. KRISHNA CHINTALA GATTU
S/O. NARASIMHLU C.H.
AGED 31 YEARS
28. KUMARAM JUGADI RAO
S/O. KUMARAM BHAGAVANTHRAO
AGED 21 YEARS
29. LAKAVATH RAVI LAL
S/O. LAKAVATH SETRAM
AGED 31 YEARS
30. LATHEEF NAGEENA SALMA
D/O. S. LATHEEF SAHEB
AGED 28 YEARS
31. M. GOVINDA NAIK
S/O. M. RAMA NAIK
AGED 36 YEARS
32. M. NAGESWARAMMA
D/O. ANJINEYULU
AGED 32 YEARS
33. M. SARASWATHI
D/O. M. KOLLAM
AGED 22 YEARS
34. MADAM SRAVANI
D/O. BALRAJ
AGED 23 YEARS
35. MALLADI SRINIVASA RAO
S/O. MALLADI CHINA DHARMA RAO
AGED 23 YEARS
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36. MALLIREDDI VENKANNA DORA
S/O. RAMASWAMY
AGED 37 YEARS
37. MAREDPALLY RAVINDER
S/O. BALASAILU
AGED 31 YEARS
38. PAKKURTHI L. NARAYANA
S/O. DEVULLU ALAIS APPA RAO
AGED 30 YEARS
39. PENDOR SACHIN
S/O. PENDOR BHU JANGARAO
AGED 24 YEARS
40. PENDUR GANGADEVI
D/O. PENDUR JANGU
AGED 31 YEARS
41. POLKAM NIKHIL KUMAR
S/O. POLKAM VENKATARAMANA
AGED 25 YEARS
42. R. SARITHA
D/O. R. CHENNA KESAVULU
AGED 31 YEARS
43. RAJU BAKKANAGARI
S/O. SHAIVARAGU
AGED 30 YEARS
44. RATNALA NARSIMLU
S/O. KISTAIAH
AGED 31 YEARS
45. RATNALA RAJASHEKAR
S/O. BALAKISTAIAH
AGED 30 YEARS
46. SAYEED ZAIGAM MAHADI
S/O. MIRZA AHAMED HUSSAIN
AGED 25 YEARS
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47. SHIVAKUMAR K.
S/O. ANJAIAH
AGED 35 YEARS
48. SURYA CHANDRA RAO TOKALA
S/O. VEERASWAMY
AGED 27 YEARS
49. V.S. SUBRAHMANYAM LOKAREDDY
S/O. MANGA SATYANARAYANA
AGED 33 YEARS
50. VEERANJANEYULU PEDASANI
S/O. RAMANAIDU P.
AGED 31 YEARS.
51. VENKATESWARA RAO KATRAM
S/O. CHINA BULI DORA
AGED 32 YEARS
52. YERUKALA PRASHANTHI
S/O. GEDAM JAITHU
AGED 22 YEARS
RESPONDENTS 6 TO 52 ARE
STUDENTS OF SRI SRINIVASA
EDUCATION TRUST D.ED.
OORGUM PET
KGF
KOLAR-563 101. ...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 R5
NOTICE TO R6-R52 D/W. V/O. DT. 04.01.2018)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO PERMIT
THE PETITIONER TO SUBMIT THE MARKS AWARDED FOR
THE PRACTICAL TRAINING UNDERGONE FOR THE II YEAR
D.ED. COURSE 2015-16 AND FURTHER DIRECT R-4 TO
INCORPORATE SUCH MARKS IN THE MARKS CARD TO
ISSUE ALONG WITH THE MARKS CARD OF THE EXTERNAL
EXAMINATION FOR THE 11 YEAR D.ED. COURSE
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CONDUCTED IN JUNE 2017 SUBJECT TO SUCH
CONDITIONS AS THIS HON'BLE COURT MAY DEEM FIT AND
ETC.
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 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 8 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.
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:
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"(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 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 10 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 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 11 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