Karnataka High Court
Indira Gandhi B.Ed. College vs Registrar Gulbarga University, ... on 4 January, 2013
Author: S.Abdul Nazeer
Bench: S. Abdul Nazeer
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 4TH DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR.JUSTICE S. ABDUL NAZEER
WRIT PETITION NO.82772/2012
& W.P.NOS.87952 TO 88031/2012 (EDN-RES)
Between:
1 Indira Gandhi B.Ed. College,
New Jeelanbad Ring Road,
Gulbarga, through Principal,
Ramesh s/o Ramaji Rathod,
Aged about 42 years,
Occ; Principal, r/o Keroor,
Tq. & Dist. Gulbarga.
2 Mubeen, S/o Kasim Ansari,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Misbah Nagar, Gulbarga.
3 Prabhati Behera,
D/o Madhusudan Bhakta,
Aged about 26 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/so Nalabhara Post Via Kurksa Tq.,
Basafa.
2
4 Prashant Kumar Pradhan,
aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Post Nalabhara,
Via Krksa Tq., Basafa.
5 Maharana Rajendra,
S/o Banchanidhi Maharna,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Via Treeda Kodalla,
Gunjan Dist.
6 Sujata Jena,
D/o Anusuya Jena,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post, Chadeya P.,
Titipa Post, Puri Dist.
7 Sushant Kumar Shahu,
S/o Jayananda Shahu,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Shankpada, Baripada Post,
Maya Bhaja Dist.
3
8 Kalyani Mahapatra,
D/o Rajendra Mahapatra,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Shankpada, Baripada Post,
Maya Bhaja Dist.
9 Raghunath Mahapatra,
S/o Narsingha,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/a Mahapatra at Post Badeberana,
Khurda Dist.
10 Nibedita Mohanty,
S/o Durga Charan Mohanty,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
At Puri, Puri PO, Puri Dist.
11 Prasanna Kumar Nayak,
S/o Baishnab Nayak,
Aged about 28 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
At Baishab Nayak, Goganmata
Bagicha, Puri Dist.
4
12 Bailabala Nayak,
S/o Benamali Nayak,
At PO, aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Rakana, Bahapuri Via,
Nayagarh Dist.
13 Mohan Kumar Mohanty,
S/o Rajkishore Mohanty,
Aged about 26 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Nimakera, Belaspuri PO,
Puri Dist.
14 Dhanayya,
S/o Shanmukayya Karjgi,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Madbol Cross, Gulbarga.
15 Mahanta Lokanth,
S/o Shrihari Mahanta,
Aged about 26 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Post Via Shreegebla,
P.S.Telko, Kelimjohar.
5
16 Siulibala Das,
D/o Adhikari,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Post Via Shreegebla,
P.S.Telko, Kelimjohar.
17 Parsanta Panigiri,
S/o Santosh Panigiri,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Komari, Navagandh Post,
Langasore Dist. Balesore.
18 Alok Kumarkar,
S/o Prafula Kumarkar,
Aged about 28 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Post Laxminathpur Via
Jaleshwar, Balesore Dist.
19 Subratapal,
S/o Radha Balbav Pal,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o At Laxminatha Via Jaleshwar,
Balesore Dist.
6
20 Parshanta Behera,
S/o Parikshit Behere,
Aged about 26 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Nugon Bahera,
Balasore Dist.
21 Sarita Biswal,
D/o Madhab Chandra Biswal,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Awada Dewala ,
Post Bhagada Bale.
22 Dambarudhar Gochhayat,
S/o Surendra Gochhayat,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Gundharipada, Post Khadikapada,
Balesore Dist.
23 Biram Kesari Das,
s/o Madan Sab,
aged about 26 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o AT Bagalgonj, Bobanpur Post,
Puri Dist.
7
24 Sahoo Bijayntya,
S/o Amukala Sahoo,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Injidi Via Khamar,
Amgol Dist.
25 Ratikanta Mohanty,
S/o Ramahari Mohanty,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Belgopinath,
Amblipad Post,
Balesur Dist.
26 Radharani Jena,
S/o Mrutunjaya Jena,
Aged about 26 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Sratha Haidipad,
Baleshwar Dist.
27 Manoj Kumar Das,
S/o Rajendra Kumar Das,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Nabara P.S. Sincle,
Baleshwar Dist.
8
28 Narayandas,
S/o Radhagonda,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Kanpur,
Mayur Bhoj Tq.
29 Jyotsna Mohapatra,
S/o Shivashankar Mohapatra,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Tq. Suraswatipur,
Jeydeo Khasba, Baleshwar.
30 Swarnaprava Sahoo,
S/o Rajanikant Saahoo,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Dehan Khade,
Baleshwar Dist.
31 Sujata Rout,
S/o Chitraranjan Rout,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Raibanai, Post & Dist. Baleshwar.
9
32 Pardeep Kumar,
S/o Mahanta,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Dehan Khade,
Baleshwar Dist.
33 Pardeep Kumar Yad,
S/o Dinobandhuyad,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Post Nabara, Balesore Dist.
34 Behera Patitaban,
S/o Laxminkumar Behera
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Dobalapal, Via Telkoi,
Keonshaar Dist.
35 Umesh,
S/o Ningappa Gobinad,
Aged about 34 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Yelgodi,
Sindgi Tq., Bijapur Dist.
10
36 Sujata,
S/o Eranna,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Sastapur, Basavakalyan Tq.,
Bidar Dist.
37 Jatinnga,
S/o Rayanna Mondey,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Baltgerawadi,
Basavakalyan Tq., Bidar Dist.
38 Padmini Murmu,
D/o Jabamurmu,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Binjoi, Balespur Dist.
39 Monalisa Palai,
D/o Basudev Palai,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Motalpur, Kusubanti PO,
Puri Dist.
11
40 Snehabala,
D/o Mohant,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/a Via Telkoi, Keonshaar Dist.
41 Pradhan Pashuram,
S/o Laxmidhar Pradhan,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Ujuda, Post Paineshekhi,
Balesore Dist.
42 Pratap Kumar,
S/o Pradhan,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at PO Puri, Puri Dist.
43 Giri Sudupata Kishore,
S/o Tarani Kumargiri,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Shekarpur, Jaleshwar Tq.,
Balesore Dist.
12
44 Anil Kumar S/o Sahoo,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Puri, Dist Puri.
45 Yemalwar Snehali Rajendra Anita,
D/o Rajendra Snehali,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Vidya Nagar, Gulbarga.
46 Sasmita, D/o Mohant,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Ujuda, Paineshekhi Post,
Balesore Dist.
47 Gouda Chhabiryani,
aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o At Ujuda, Paineshekhi Post,
Balesore Dist.
48 Radha D/o Nagusa Hadagal,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Shaik Roza, Mahadev Nagar,
Gulbarga.
13
49 Prasanna Kumar,
S/o Pradhan,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o AT Puri, Dist. Puri.
50 Saratkumar Sahoo,
S/o Dibyasingya Sahoo,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Puri, Dist. Puri.
51 Prashant Kumar Parida,
S/o Suparna Parida,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Mathasahi, PO Sriramchandrapur,
Via Sakhegopal, Puri Dist.
52 Prakash Kumar Pradhan,
S/o Kapila Pradhan,
Aged about 31 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o AT Siara PO Panaspada,
P.S. Brahmagiri.
14
53 Hemant Kumar Jena,
S/o Ramhari Jena,
Aged about 32 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o AT Nuepatna, Goswal Post,
Puri Dist.
54 Bidru Kumar,
S/o Rajkishore Pradhan,
Aged about 30 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o AT Baghamunda, Nuagaon PO,
Puri Dist.
55 Nityananda Murmu,
S/o Kanaka Murmu,
Aged about 30 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Nohakounta, Post Komtal
Pal, Dist. Mayur Bhamja.
56 Jena Bhaggbata,
S/o Baishnabah Jena,
Aged about 30 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Bhinatha, Khadkipada Post,
Via Basta, Baleshwar Dist.
15
57 Rout Ramesh Chandra,
S/o Benudhar,
Aged about 31 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o AT Gudakipada Post,
Khadikapada, Basta Odisa Dist.
58 Mahant Girish,
S/o Narendra Mohasta,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Kalinga, Via Karanja,
Kohinjo Dist.
59 Tejeshwini Mahanta,
S/o Hrushikesh Mahanta,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Purusottampur,
Telkot, Keojhar Dist.
60 Sarojkumar Patra,
S/o Gopinath Patra,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
At Rajulibi Binbak,
Post Rabmatindapura, Bhatra Dist.
16
61 Sashe Rekha Das S/o Lokanath Das,
Aged about 25 years,
At Nobarapani,
Dist.Barlimum Janakmapabur.
62 Nilkant Suna,
aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Nobarapani,
Dist. Barlimumba Janakmapabur.
63 Mamatarani Khunt D/o Sanatan Khuntia,
Aged about 24 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Chadheya PO Titipa,
Dist. Puri.
64 Jyostana Reni Jena,
S/o Banambera Jena,
Aged about 24 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o AT Satapagada, Bramagiri Post,
Puri Dist.
65 Giri Ranjan Kumar s/o Pitambar Giri,
aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o At Bela, Post Mbarda Road,
Basta, Dist. Balesore.
17
66 Ojha Srinibas,
aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Mamdare Bhairaarupal,
Bhadrak Pahre Dist.
67 Manjulata Jena,
S/o Babaji Charan Jena,
Aged about 24 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Ulaskadakpur, Post Murudasingh
Baiswar, Balesore Dist.
68 Harichandra Pratap Kumar,
S/o Purnachand Bisay,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Pathragunj,
Dist:Krushna Prasad, Odisa,
Dist Gunjan.
69 Santosh Kumar Panda,
S/o Mansingh Panda,
Aged about 24 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Sedhanathnagar,
Near Dirne Life,
Gunjan Dist.
18
70 Saroj Kumar,
S/o Patro, aged about 26 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o AT Puri, Dist Puri.
71 Mohapatra Pratima,
D/o Ajay Mohapatra,
Aged about 24 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Kumbhari,
Via Shimla Balesore.
72 Lipo Mahapatra,
D/o Cekbi,
Aged about 25 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Pida, Bhuneshwar Dist.
73 Madhusmita Pradhan,
S/o Rabindranath Pradhan,
Aged about 28 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Dhankera, PO Bilaspur,
Puri Dist.
19
74 Pahadi Bipin Beheri,
s/o Rabindranatha Padi,
aged about 29 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
r/o at Post Hugute,
Via Chapreshwar, Bhoyrat Dist.
75 Nirupama Das,
D/o Duryadhan Das,
Aged about 28 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Madhuban Jatting Pora,
Odisa Dist.
76 Kulmoni Mohanta,
S/o Padmanav Mohanta,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Huge, Via Chapreshwar,
Bhoyrat Dist.
77 Bishu Narayan Jena,
S/o Jagannath Jena,
Aged about 28 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Talaganga, Puri Dist.
20
78 Navaneet Kumar,
s/o Sharma, aged about 24 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o at Post Puri, Dist Puri.
79 Kamalini Das,
S/o Harishchandra Das,
Aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Shadda, Via Irad Shimgla,
Balesore Dist.
80 Danayya Vastrad,
s/o Babayya,
aged about 27 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
R/o Sindi, Bijapur Dist.
81 Rabindra Pradhan,
s/o Madhusudhan Pradhan Jena,
aged about 24 years,
Occ; Student of Indira Gandhi
College of Education, New
Jeelanbad, Gulbarga,
At Post Talaganga, Puri Dist. .... Petitioners.
(By Sri Avinash A. Uploankar, Adv.)
21
And:
Registrar,
Gulbarga University,
Gulbarga 585 106. .... Respondent.
(By Sri Veeresh B. Patil, Adv.)
---
These Writ Petitions are filed under Articles 226 & 227 of the
Constitution of India, praying to consider the representation made by
the petitioner-college at Annexure 'D' and permit the college to
continue with the courses undertaken by the petitioner institution,
etc.
These Writ Petitions coming on for Further Orders this day,
the Court passed the following:
ORDER
Petitioner Nos.2 to 81 were admitted to the first petitioner- College for the study of B.Ed. course for the academic session 2011- 2012. The University did not permit the said students to appear for the first semester B.Ed. examination in the month of June, 2012. Therefore, they have filed these writ petitions seeking a direction to the respondent-University to permit the students to appear for the said examination.
22
2. This Court has passed an interim order permitting the students to appear for the said examination. Accordingly, they have appeared for the examination. This Court has also permitted the students to appear for the second semester B.Ed. examination.
3. The contention of the respondent-University is that the college has not submitted the admission list of the students and admission fee along with the documents of those students to the University within time. That is why the University has not permitted the students to appear for the examination.
4. Learned Counsel appearing for the petitioners submits that the first petitioner-college had in fact submitted the documents of the students to the respondent-University. Since the said documents were not in conformity with the relevant Regulations, they were returned by the University. Thereafter, the college has re-submitted the documents, which has caused the delay.
23
5. It is to be noted here that the admissions of the students to the B.Ed course is regulated by the Regulations of the respondent- University. In terms of the said Regulations, the University has issued the notification fixing the date of admission, date of submission of the admission list along with the prescribed fee, etc. The colleges are bound to submit the documents, admission list and other particulars within the prescribed time. In the instant case, it is evident that the college has not submitted the relevant documents in terms of the notification of the University.
6. At this stage, learned Counsel for the petitioners submits that henceforth the college will submit the statement of admissions along with the admission fee and other documents in terms of the relevant notification of the University within the prescribed period. The said submission of the learned Counsel for the petitioners is placed on record.
7. Having regard to the facts and circumstances of the case, this Court is of the view that the lapse on the part of the college in 24 not submitting the statement of admissions and other particulars of the students requires to be condoned in the interest of the career of the students subject to payment of penalty of Rs.500/- per student. It is made clear that the said sum shall not be collected by the college from the students on any pretext. The penalty as above shall be paid within a period of one month from the date of receipt of a copy of this order.
8. On payment of penalty as above, the University is directed to consider the admission of the students to the course in question in accordance with law. If they are found to be eligible for admission, the respondent-University is directed to declare the result of the examination taken by the students pursuant to the interim order of this Court and allow the eligible students to complete their course in accordance with law. Writ petitions are disposed of accordingly. No costs.
Sd/-
JUDGE.
BMM/-