Karnataka High Court
Madhu Mallikarjun Bennur And Ors vs The State Of Karnataka Ors on 12 September, 2012
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH, GULBARGA
DATED THIS THE 12th DAYOF SEPTEMBER, 2012
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION Nos.84943-84948/2012 (EDN-AD)
BETWEEN:
1. MADHU MALLIKARJUN BENNUR
AGED ABOUT :20 YEARS,
OCC: STUDENT, S.G. SADALAPUR,
CHALUKYA NAGAR BIJAPUR.
2. NAVEEN NINMBAL S/O CHIDANAND
AGED ABOUT:19 YEARS,
OCC: STUDENT, PLOT NO. 481, BGK ROAD,
BIJAPUR-586101.
3. TARIQAZIZ MAKANDAR S/O ABDUL GAFFAR
AGED ABOUT:21 YEARS,
OCC: STUDENT, DARGA GALLI, INDI,
DIST. BIJAPUR-586101.
4. JAVEED INAMDAR S/O ABDUL ROUF
AGED ABOUT:23 YEARS,
OCC: STUDENT, HAVELI GALLI,
BAGALKOT ROAD,
NEAR GPT BIJAPUR-586101.
5. MOHAMMED ZUBAIR ATTAR S/O NOOR ALI
AGED ABOUT:22 YEARS,
OCC: STUDENT, NEAR KSRTC DEPOT NO.1,
NEHRU NAGAR BIJAPUR-586101.
6. KUMARI BORAMMA INGALESHWAR D/O SHIVAPPA
AGE ABOUT:18 YEARS,
OCC: STUDENT, SANGOLLI RAYANNA NAGAR,
2
BASAVANA BAGEWADI,
DIST. BIJAPUR-586203.
...PETITIONERS
(BY SRI. BASAVARAJ .R. MATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF TECHNICAL EDUCATION,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
M.S. BUILDING BANGALORE-01.
2. THE DIRECTOR
TECHNICAL EDUCATION DEPARTMENT,
BANGALORE-01.
3. THE PRINCIPAL
BLDE ASSOCIATION POLYTECHNIC COLLEGE,
BIJAPUR-586101.
4. THE PRINCIPAL
MALIK SANDAL POLYTECHNIC COLLEGE,
BIJAPUR-586101.
5. THE PRINCIPAL
GOVERNMENT POLYTECHNIC COLLEGE,
ZALKI-586204.
6. THE PRINCIPAL
GOVERNMENT POLYTECHNIC COLLEGE,
BIJAPUR-586101.
...RESPONDENTS
(BY SRI MALLIKARJUNA SAHUKAR, HCGP FOR R1 & 2,
NOTICE TO R-3 TO 6 DISPENSED WITH)
THESE WRIT PETITIONS ARE FILED UNDER SECTION 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE
A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPOPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE
RESPONDENTS NO.2 TO 6 TO ADMIT THE PETITIONERS FOR
THE COURSE OF V SEMSTER.
3
THESE WRIT PETITIONS COMING ON FOR PRLY.HG.
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners are students studying in B.L.D.E. Association Polytechnic College, Bijapur, Malik Sandal Polytechnic College, Bijapur, Government Polytechnic College, Zalki and Government Polytechnic College, Bijapur in different branches of Diploma Courses which colleges are controlled by second respondent. Petitioners claim to have completed their course in fourth semester and were anticipating to be admitted to fifth semester.
2 Petitioners are seeking for a direction to respondents-2 to 6 to admit the petitioners for the course of fifth semester though they have failed in more than 8 subjects in the previous semesters. 4 3 Learned counsel for the petitioners and respondents would fairly submit that similar writ petitions were filed before Principal Bench at Bangalore and an order came to be passed on 10.09.2012 in W.P.Nos.32330-437/2012 by receiving an affidavit filed by Sri S.Vijay Kumar, Joint Director (CDC), Department of Technical Education whereunder it was agreed to by the State in the said affidavit that respondents would promote/admit diploma students who have failed in 10 or less subjects in semesters - I to IV and same would be applicable only for the academic year 2012-13 and for the academic year 2013-14 onwards, carry over system will be strictly in accordance with circular dated 01.08.2009.
3 Learned Government Advocate would fairly admit at this stage that affidavit of the Joint Director was filed in the said writ petitions before Principal Bench. 5 4 For the purpose of reference and convenience, undertaking given by the Joint Director in the affidavit filed on 10.09.2012 in W.P.Nos.32330-437/2012 made available by learned Government Advocate is extracted as under:
" 3. That all efforts required to enhance the limit of carry over from the permitted eight subjects for being promoted to Fifth Semester to ten subjects only for the academic year 2012-13 will be made from the Technical Department as a one-time measure under the prevailing facts and circumstances. Since a decision in this regard has been proposed with the consent of the Principal Secretary and Hon'ble Minister for Higher Education and on account of paucity of time, I hereby given an undertaking on behalf of the Respondents to promote/admit Diploma students who have failed in ten or less subjects in Semesters I to IV. It is hereby made clear this enhanced carryover facility will be applicable only for the academic year 2012-2013 and for the academic years 2013-14 onwards, the carryover system will be strictly in accordance with the 6 Regulations appended to Government Order dated 01.08.2009."
6 Sri Basavaraj R Math, learned counsel for petitioners submits that all the petitioners in these writ petitions would be entitled to the benefit of said undertaking given by Joint Director and as such, he prays for suitable orders being passed. 7 Per contra, learned HCGP appearing for respondents would support the circular impugned in the present writ petitions and would hasten to add that as a one time measure, a concession was given by the State and said concession could be extended in these petitions only to those who are eligible to such concession and submits prayer made by other petitioners be rejected as otherwise it would result in standards of education falling down. 7 8 Having heard the learned Advocates appearing for contesting parties, this Court is of the considered view that in view of the affidavit filed by Joint Director of Technical Education on 10.09.2012 as recorded in W.P.Nos.32330-437/2012 and the orders passed thereon, it would suffice if petitions filed by petitioners are disposed of by directing the respondent State of Karnataka represented by its Secretary, Technical Education Examination Board and the Director, Technical Education Department to issue instructions to the colleges in which these petitioners are studying as already directed by this Court under similar circumstances i.e., in W.P.Nos.32330-437/2012 and as such, following directions are issued:
i) to promote the petitioners to 5th semester of the Diploma course if they have failed in 10 or less subjects in Semesters 1 to 4;
ii) to hold additional classes for the petitioners to which they shall attend to 8 secure the required minimum percentage of attendance to appear for 5th semester examination when conducted;
iii) to conduct internal examinations for the said students;
iv) that the aforementioned "carry over system" is a one time measure applicable to the said students for the academic year 2012-13 only;
v) that students promoted to 5th semester of Diploma course pursuant to the interim order if found to be ineligible for promotion having failed to comply with the aforesaid "carry over system", be discharged and the course fee refunded forthwith;
vi) to permit the aforesaid students to pay the course fee etc, without fine, within a fortnight from today;
The respondent-State is further directed to issue appropriate order declaring that the 9 promotion of the aforesaid students to higher semesters during the academic year 2013- 2014 in the Diploma Course, shall be strictly in accordance with the Government Order dt. 1.8.2009.
Thus, writ petitions filed by petitioners stand disposed of in terms of the aforesaid order.
Sd/-
JUDGE *sp