Karnataka High Court
Siddesh M C vs The Principal Secretary on 16 August, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.11211 OF 2022 (EDN-RES)
BETWEEN:
1. SIDDESH M C
S/O CHANDRAIAH
AGED ABOUT 41 YEARS,
R/AT FLAT NO.B003, BEL WHITE SQUARE
VIDYARANYAPURA
BANGALORE -560097
(REG NO.201A353).
2. KIRAN E
S/O ESHWAR
AGED ABOUT 29 YEARS,
R/AT NO.619, 4TH MAIN ,1ST CROSS
MUTHAYALANAGAR, MES ROAD
BANGALORE-560 054
REG NO.201A1318.
3. HEMANTH R
S/O RANGANATHAPPA D
AGED ABOUT 24 YEARS,
R/AT NO.11, SREELAKSHMI VENKATESHWARA NILAYA
2ND MAIN, 1ST 'B' CROSS, VIKASANAGAR
TUMKUR ROAD, OPP. NAGASANDRA
METRO STATION
BANGALORE-560 073
REG NO.201A312
4. BHAVYA J
D/O JANAKIRAMAN M
AGED ABOUT 25 YEARS,
R/AT NO.337/1, NEAR BALAJI BAKERY
ANDRAHALLI MAIN ROAD, FRIENDS COLONY
PEENYA 2ND STAGE
BANGALORE -560 091
REG NO.201A1306.
2
5. SUDHIR U
S/O UDAYA KUMAR O
AGED ABOUT 29 YEARS,
R/AT NO.W227/59, 4TH CROSS
GEETHA ROAD, KGF KOLAR -563115
REG NO.201A1357.
6. HARSHA B R
S/O RUDRESH B P
AGED ABOUT 25 YEARS,
R/AT NO.50, 6TH CROSS
RAGAVENDRA LAYOUT LAKE
VIEW ROAD KAMMAONDANAHALLI
JALAHALLI WEST
BANGALORE-560 015
REG NO.201A1311.
7. TUSHAR B R
D/O RAJESH B T
AGED ABOUT 25 YEARS,
R/AT NO.67, SHANKARMUTT ROAD
SHANKARAPURAM, BANGALORE -560 004
REG NO.201A1366.
8. MURALI B
S/O BABU C
AGED ABOUT 25 YEARS,
R/AT NO.3406, 1ST MAIN, 2ND CROSS
VRUSHABHAVATHI NAGAR
KAMALA NAGAR
BANGALORE-560 079
REG NO.201A1329.
9. MANJU B
D/O BALAKRISHNA N
AGED ABOUT 25 YEARS,
R/AT NO.1340, 10TH CROSS
R K HEGDE NAGAR
DR SRK POST
BANGALORE-560 077
REG NO.201A1322.
10 . NARENDRA SWAMY B S
S/O DODDASIDDAIAH B S
AGED ABOUT 51 YEARS,
R/AT NO.82, SRI VENKATESHWARA NILAYA
1ST STAGE, 2ND CROSS, NEAR VINAYAKA TEMPLE
HEBBAL KEMPAPURA
3
BANGALORE-560 024
REG NO.201A1331.
11 . SUNITHA G
D/O GANGAPPA
AGED ABOUT 40 YEARS,
R/AT NO.83, 2ND CROSS
2ND MAIN ROAD, VYALIKAVAL
BANGALORE-560 003
REG NO.201A1361.
12 . PRIYANKA M
D/O K MOHAN KUMAR
AGED ABOUT 27 YEARS,
R/AT NO.13, PSK LANE
COTTONPET MAIN ROAD
BANGALORE-560 053
REG NO.201A1340.
13 . THARUNYASHREE
D/O SURI S
AGED ABOUT 28 YEARS,
R/AT NO.92/5, 3RD FLOOR, 4TH MAIN
SHAKABARI NAGAR
BSK POST, BANGALORE -560078
REG NO.201A1365.
...PETITIONERS
(BY SRI. CHANDRANATH ARIGA.K., ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
MINISTRY OF HIGHER EDUCATION
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
DR B.R. AMBEDKAR VEEDHI
BANGALORE-560 001.
2. THE REGISTRAR (ADMINISTRATION)
KUVEMPU UNIVERSITY
JNANASAHYADRI, SHANKARGHATTA
SHIVAMOGGA DISTRICT
SHIVAMOGGA -577 451
3. THE REGISTRAR (EVALUATION)
KUVEMPU UNIVERSITY
JNANASAHYADRI, SHANKARGHATTA
SHIVAMOGGA DISTRICT
SHIVAMOGGA-577451
4
4. THE DIRECTOR
DIRECTORATE OF DISTANCE EDUCATION
KUVEMPU UNIVESITY
JNANASAHYADRI, SHANKARGHATTA
SHIVAMOGGA DISTRICT
SHIVAMOGGA-577451.
5. COORDINATOR
SUJALA EDUCATIONAL ACADEMY (R)
SUJALA COLLEGE OF COMMERCE
AFFILIATED TO MYSORE UNIVERSITY
COLLEGE CODE: 3016
APOORVA HOTEL ROAD
NORTHERN EXTN
DISTRICT HASSAN,
HASSAN - 573 201
...RESPONDENTS
(BY SMT. SWETHA KRISHNAPPA, AGA FOR R-1;
SRI. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R-2 TO R-4;
SRI. VISHWANATHA SHETTY V., ADV. FOR R-5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTIFICATION ISSUED BY THE R-3 DATED: 23.05.2022 IN
NO.KU/EB/DS-01/48/D739/2022-23 ANNEXURE- A AND ETC.
THIS W.P. COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
In this petition, petitioners have sought for the following reliefs:
(i) Issue a writ of certiorari or any other writ to quashing the notification issued by the 3rd respondent dated 23.05.2022 in No.KU/EB/ DS-01/48/D739/2022-23 Annexure - A.
(ii) Issue a writ of mandamus, or any other writ, directing the 3rd respondent to declare the results of the petitioners of the examination of 5 2nd semester MBA course for the academic year 2021.
(iii) Pass any such other order / direction to deem fit in the facts and circumstances of the case, to meet the ends of justice.
2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.
3. The material on record discloses and as can be seen from the various rival claims and contentions urged by both sides, it is an undisputed fact that the petitioners and other students did not submit the assignments personally at the respondent No.5 / College.
4. However, since there is a dispute with regard to the legality, validity and correctness of the assignments already said to have been submitted by the petitioners to respondent No.5 / College through Oceanik Education Society, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition permitting the petitioners / students as well as other similarly / identically 6 situated students to personally and physically go to the respondent No.5 / College during the period from 05.09.2022 to 16.09.2022 and present the assignments themselves to the respondent No.5 / College for valuation / assessment. The petitioners are also directed to submit all relevant documents including the covering letter, fee receipt, etc., to the respondent No.5 / College for the aforesaid purpose.
5. Upon completion of the internal assessment by the respondent No.5 / College, respondent No.5 shall take necessary steps to forward the same to the respondent No.3 / University. The respondent No.3 / University, after receipt of internal assessments / reports from the respondent No.5, shall take necessary steps to process the same and announce the results at the earliest without any delay.
Subject to the aforesaid directions, petition stands disposed of.
It is needless to state that the present order is made so as to ensure that the students complete the internal 7 assessment and without prejudice to their rights and contentions.
Sd/-
JUDGE SV