Karnataka High Court
Gopal Ded College vs The 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 NOS. 51047-51108/2017 (EDN-RES)
BETWEEN:
GOPAL D.ED. COLLEGE
2ND CROSS, GOWERIPET
KOLAR-563101
REP. BY ITS PRINCIPAL
SRI MANJUANTHA REDDY C.S
S/O. SIDDAPPA
AGED ABOUT 35 YEARS ...PETITIONER
(BY SRI SARAVANA S., ADV. FOR
M/S. LEX NEXUS)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF HIGHER EDUCATION,
VIKASA SOUDHA,
DR.B.R.AMBEDKAR VEEDHI,
BENGALURU-560 001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. DIRECTOR OF STATE EDUCATIONAL
AND RESEARCH AND TRAINING,
100 FEET ROAD,
BSK II STAGE,
BENGALURU-560041,
REPRESENTED BY ITS DIRECTORS
3. DIRECTOR (OTHER EXAMINATIONS),
KARNATAKA SECONDARY EDUCATION
AND EXAMINATION BOARD,
2
MALLESHWARAM,
BENGALURU-560 003.
4. DISTRICT INSTITUTE OF
EDUCATIONAL & TRAINING,
CHIKKAHASALA
KOLAR-563112
REPT. BY ITS PRINCIPAL.
5. NATIONAL COUNCIL FOR
TEACHER EDUCATION (NCTE)
OFFICE AT HANS BHAVAN WING-II,
NO.1, BAHADUR SHAH ZAFAR MARG,
NEW DELHI-110002
REPT. BY ITS PRINCIPAL.
6. B. BALA KISHOR
S/O. B. MALLAIAH
AGED 23 YEARS
7. DASARI HARI KRISHNA
S/O. D.VENKATA NARAYANA
AGED 41 YEARS
8. DHARMARAJU PALEPU
S/O. NARASIMHAMURTHY
AGED 33 YEARS
9. G. NAGAJYOTHI
D/O. G. NAGABHUSHANAM
AGED 31 YEARS
10. G SARASWATHI
D/O. G RAMUDU
AGED 22 YEARS
11. GOLLA SWAPNA
D/O. GOLLA ANJAIAH
AGED 28 YEARS
12. GUDIGANTI MOHANASAI SEKAR
S/O. GUDIGANTI NAGESWARA RAO
AGED 24 YEARS
3
13. GUJJALA SWARNALATHA
D/O. GUJJALA GANGADRI
AGED 24 YEARS
14. J DEVIDAS
S/O. J PRAKASH
AGED 26 YEARS
15. K HARINATH
S/O. K KRISHNAIAH
AGED 24 YEARS
16. K VENKATAMMA
D/O K MALKAPPA
AGED 23 YEARS
17. KAITHI LAVANYA
D/O KAITHI RAJESHWER REDDY
AGED 21 YEARS
18. KANDLE GANGAJALA
D/O. KANDLE RAYAPOSHAM
AGED 21 YEARS
19. KOTHALANKA MANGAPADMAJA
D/O. SREE RAMA MURTHY
AGED 31 YEARS
20. KUMMARA AMARNATH
S/O. K CHINNAKULLAYAPPA
AGED 35 YEARS
21. M RAMA SUBBARAYUDU
S/O. M. NARAYANA
AGED 39 YEARS
22. M SURESH KUMAR
S/O. SATYA NARAYANA
AGED 37 YEARS
23. MADAPATHY BHAGYASRI
D/O REVANAIAH SWAMY
AGED 27 YEARS
4
24. MADIGA LAKSHMI
D/O MADIGA HANUMANTHAPPA,
AGED 28 YEARS
25. MADIVI GANGA RAJU
S/O. MADIVI RAJAIAH
AGED 25 YEARS
26. MAJJI JYOTHI
D/O. MAJJI SURYANARAYANA
AGED 26 YEARS
27. MALLEYPALLY BARGAVI
D/O MALLEY PALLY SANJEEVAIAH
AGED 33 YEARS
28. MANKAMUTAKA VIJAYALAKSHMI
D/O. M NARAYANA
AGED 24 YEARS
29. MAREPALLI MAMATHA
D/O. MAREPALLI RAMACHANDRAPPA
AGED 24 YEARS
30. MOTHAKARI ANJAIAH
S/O. MOTHAKARI RAMULU
AGED 28 YEARS
31. N C HULIKUNTAPPA
S/O. N EARANNA
AGED 3 YEARS
32. NAGARAM RAMAKRISHNA
S/O. NAGARAM ESHWARAIAH
AGED 27 YEARS
33. NAIK VENKATESULU
S/O. N MACHI SAMLA NAIK
AGED 27 YEARS
34. NAITHAM SOUJANYA
D/O. PRABHAKAR
AGED 28 YEARS
5
35. OJARIKARI SARITHA
D/O. LAXMI RAJAM
AGED 36 YEARS
36. P LALITHA
D/O. P AGISTHAPPA
AGED 36 YEARS
37. PARVATHI DEVI M.
D/O. PRABHU LINGAM M.
AGED 32 YEARS
38. PICHAKUNTLA RAVI
S/O. P VENKATAIAH
AGED 24 YEARS
39. R ANIL
S/O. R SAHEBRAO
AGED 25 YEARS
40. S SRILATHA
D/O. S SRINIVASULU
AGED 23 YEARS
41. SAKE SUJATHA
D/O. S ADINARAYANA
AGED 29 YEARS
42. SHAIK AMIRUDDIN
S/O. HUSSAIN
AGED 29 YEARS
43. SHERI SHAMANTHA
D/O. SHERI MOGULAIAH
AGED 21 YEARS
44. SIRISHA M.
D/O. RAMA CHANDRA REDDY
AGED 33 YEARS
45. SODE PREMCHAND
S/O SODE VENKATESWARLU
AGED 21 YEARS
6
46. SRINIVAS M.
S/O. RAMULU
AGED 29 YEARS
47. SUBBANNA PALLABOTHU
S/O. SATYA NARAYANA
AGED 35 YEARS
48. SUJATHA G.
D/O. GURUNATHAM G.C.
AGED 39 YEARS
49. UJJI NAGABHUVANESWARI
D/O. MALLESWARA RAO
AGED 32 YEARS
50. UMA MAHESWARI B.
D/O. BALARAJ B.
AGED 30 YEARS
51. VADDE MALLIKARJUNA
D/O. VADDE GIDDNNA
AGED 30 YEARS
52. VADITHYA SUJATHABAI
D/O. VADITHYA KRISHNA NAIK
AGED 28 YEARS
53. VENU GOPALA CHARY P.
S/O. BRAHMACHARY
AGED 32 YEARS
54. YERRA GUNTA SREEVANI
D/O. Y ESWARAPPA
AGED 35 YEARS
55. ANJANEYULU
S/O. RAMANNA
AGED 29 YEARS
56. E YELLAPPA
S/O. CHINNA KURMANNA
AGED 26 YEARS
7
57. KHAJAVALI
S/O. CHAND PASHA
AGED 27 YEARS
58. M ANJAPPA
S/O. M PEDDA VENKATAPPA
AGED 24 YEARS
59. M. KRISHNAVENAMMA
D/O. M SRINIVAS
AGED 27 YEARS
60. MAHESWAR MACHUPALLY
S/O. GOPAL
AGED 37 YEARS
61. RAJU M
S/O. VENKATAIAH M.
AGED 29 YEARS
62. S TIRUMALESHU
S/O. VENKATA SWAMY
AGED 24 YEARS
63. V SUNANDA
D/O. BALARAJU
AGED 27 YEARS
64. MYATARI SHIVA KUMAR
S/O. M. HANMANTHU
AGED 26 YEARS
65. P. MEENA
S/O. P BHEEM REDDY
AGED 21 YEARS
66. P. PARUSHARAM
S/O. P HANMANTHU
AGED 26 YEARS
RESPONDENTS NO.6 TO 66
ARE STUDENTS OF
8
GOPAL D.ED. COLLEGE,
2ND CROSS, GOWERIPET,
KOLAR - 563101. ...RESPONDENTS
(BY SRI A.G.SHIVANNA, ADDL. A.G. A/W
SRI UMESHMURTHY, HCGP FOR R1 TO R4
SRI BASAVARAJ V. SABARAD, ADV FOR R-5
NOTICE TO R6 TO R66 D/W. V/O. DATED 04.01.2018)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ANNEX-G, IN REF. DTD.05.05.2017 ISSUED BY THE
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.
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 9 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.
10
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 11 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 12 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