Karnataka High Court
Sri Manoj M vs The Deputy Commissioner on 13 June, 2017
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MRS.JUSTICE S.SUJATHA
WRIT PETITION No.25361/2017 (EDN - RES)
BETWEEN :
SRI.MANOJ.M
S/O LATE H.S.MOUNESHWARAIAH
AGED 28 YEARS
R/AT No.1528, 2ND MAIN, 2ND CROSS
H.P.O LAYOUT, SATAGALLI EXTENSION
UDAYAGIRI, MYSORE-570019. ...PETITIONER
(BY SMT.ANASUYADEVI.K.S., ADVOCATE)
AND :
1. THE DEPUTY COMMISSIONER
CHAMARAJANAGARA DISTRICT
CHAMARAJANAGARA - 571313.
2. KARNATAKA STATE OPEN UNIVERSITY
MUKTHAGANGOTHRI
MYSORE-570006
REP. BY ITS REGISTRAR. ...RESPONDENTS
(BY SRI.R.B.SATYANARAYANA SINGH, AGA FOR R1,
SRI.SANTHOSH S.NAGARALE, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT No.2 TO ISSUE DEGREE/CONVOCATION
CERTIFICATE TO THE PETITIONER IN RESPECT OF BACHELOR
OF ARTS DEGREE COMPLETED DURING APRIL/MAY 2014. ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
Learned Additional Government Advocate is permitted to accept notice on behalf of the respondent No.1. Learned counsel Sri.Santhosh.S.Nagarale is permitted to accept notice on behalf of respondent No.2.
2. The petitioner after having completed the II-PUC, has joined the second respondent university to pursue his B.A Degree during the academic year 2011- 12 and completed the same during April/May 2014. It is submitted that the first respondent after having satisfied about the genuine claim of the petitioner for the post of Second Division Assistant, appointed the petitioner, based on the B.A degree obtained from the second respondent-University. However, the second respondent-University has not conferred the degree certificate. The petitioner approached the second respondent for which a letter dated 01.06.2017 was issued stating that due to administrative reasons, the 3 original certificate was not issued and the same would be issued later. It is the grievance of the petitioner that he approached the first respondent with the said letter and explained the situation and informed that he was admitted to B.A. degree with the second respondent during the period when the University was recognized by UGC and requested to consider his case, recognizing his B.A degree, vide representation dated 05.06.2017. Since the first respondent was not ready to consider the same, petitioner is before this Court.
3. The issue involved in this writ petition is no more res-integra in view of the orders passed by this Court in Writ Petition No.34255/2016 (D.D on 27th June 2016) wherein, on recording the submissions of learned standing counsel appearing for the UGC, this Court has categorically held that the second respondent therein was not justified in rejecting the application of the candidates, who have obtained the degrees from the 4 petitioner-University, it is sufficient if the candidates have joined the petitioner-University upto and including the academic session 2012-13 and the date of completion of the degree is immaterial. Indisputably, the petitioner herein has joined the Bachelor of Arts degree course during the academic year 2011-12 and completed the same during April/May 2014. In view of the same, the petitioner is entitled to the similar relief in terms of the order of this Court in Writ Petition No.34255/2016.
Accordingly, the second respondent is directed to issue Degree certificate to the petitioner in respect of Bachelor of Arts degree completed during April/May 2014 as expeditiously as possible.
The writ petition stands disposed of accordingly.
Sd/-
JUDGE NC