Karnataka High Court
K. Mahalingaiah vs State Of Karnataka on 25 November, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:48068
WP No. 7904 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.7904 OF 2023 (EDN-RES)
BETWEEN:
K. MAHALINGAIAH
S/O. B.Y. KALLAIAH,
AGED ABOUT 49 YEARS,
R/AT NO.172,
SRI MAHALINGESHWARA BADAVANE,
GOLLARAHATTI, HOSUR ROAD,
AUDUGODI POST,
BANGALORE - 560 030. ... PETITIONER
(BY SRI M.C. BASAVARAJU, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION,
M.S. BUILDINGS, BANGALORE - 560 001.
Digitally signed
by SHWETHA
RAGHAVENDRA 2. THE BLOCK EDUCATION OFFICER
Location: HIGH BANGALORE SOUTH RANGE,
COURT OF BANGALORE - 560 029.
KARNATAKA
3. THE GRADUATE HEAD MASTER
MUNICHANNAPPA GOVERNMENT
MODEL PRIMARY SCHOOL,
AUDUGODI,
BANGALORE - 560 030. ... RESPONDENTS
(BY SMT. PRATHIBHA R.K., AGA FOR R-1 TO R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED REPLY BEARING NO.30/2022-23 DATED 13.02.2023 SENT
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NC: 2024:KHC:48068
WP No. 7904 of 2023
BY THE R-3 VIDE ANNEXURE-D TO THE WRIT PETITION; DIRECT THE
R-3 TO RECTIFY THE MISTAKE IN ISSUING THE DETAILS OF MARKS
OBTAINED IN THE SEVENTH STANDARD BY THE PETITIONER AND
ISSUE FRESH DETAILS OF MARKS OF SEVENTH STANDARD TO THE
PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs:
"(i) Issue a writ in the nature of writ of certiorari by quashing the impugned reply bearing no.30/2022-23 dated 13/02/2023 sent by the third respondent vide Annexure-D to the writ petition and
(ii) Issue a writ of mandamus or any other writ or direction, directing the third respondent to rectify the mistake in issuing the details of marks obtained in the seventh standard by the petitioner and issue fresh details of marks of seventh standard to the petitioner under the facts and circumstances of the case and
(iii) Grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case including an order as to costs, in the interest of justice and equity."
2. The grievance of the petitioner is that when the transfer certificate was issued to the petitioner in terms of -3- NC: 2024:KHC:48068 WP No. 7904 of 2023 Annexure A, the marks obtained by the petitioner were indicated in the said transfer certificate. However, subsequently, vide annexure 'B' when a transcript of marks was sought for, the marks indicated were lesser than that provided in the transfer certificate. In view thereof the petitioner had issued a legal notice on 03.02.2023 at annexure 'C' calling upon the respondents to correct the marks as per the transfer certificate, which was replied to by the respondent No.3 rejecting the claim of the petitioner on the ground that the certificate that is now issued at Annexure 'B' is proper and correct. It is in that background the petitioner is before this Court.
3. The submission of learned AGA is that the document at Annexure 'B' has been issued in terms of the register which has maintained in respect of the said school. This document being the authentic one, the alleged document issued by the headmaster cannot be relied upon. Any certificate which the respondent would issue would be in terms of the register maintained.
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NC: 2024:KHC:48068 WP No. 7904 of 2023
4. In that view of the matter, I am of the considered opinion that as the statement of marks have already been issued by the respondent No.3 in terms of a register, the prayer seeking for quashing the reply dated 13.02.2023 at Annexure D would not arise. The above petition is disposed of directing the respondent No.3 to issue one more certificate in terms of the register maintained by the respondents, which shall be so done within a period of four weeks from today.
SD/-
(SURAJ GOVINDARAJ) JUDGE YKL List No.: 1 Sl No.: 56