Karnataka High Court
Oceanik Education Society (R) vs The Principal Secretary on 31 May, 2022
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF MAY 2022
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION No.7417 OF 2022 (EDN-RES)
BETWEEN:
1. OCEANIK EDUCATION SOCIETY (R)
NO.3, 7TH CROSS, 1ST MAIN
MUNEESHWARA LAYOUT
NEAR BHAVI MUNESHWARA TEMPLE
DEVINAGAR, HEBBAL
BENGALURU 560 094
REP. BY ITS PRINCIPAL
SMT. K.M.SHOBHA
W/O POOVAIAH N.M
AGED ABOUT 45 YEARS
2. KIRAN E.
S/O ESHWAR, AGED ABOUT 29 YEARS
619, 4TH MAIN,
IST CROSS, MUTHYALANAGAR
MES ROAD, BENGALURU 560 054
3. HEMANTH .R
S/O RANGANATHAPPA D
AGED ABOUT 24 YEARS, NO.11
SREE LAKSHMI VENKATESHWARA NILAYA
2ND MAIN, 1ST B CROSS, VIKASANAGAR
TUMAKUR ROAD, OPP. NAGASANDRA
METRO STATION,
BENGALURU 560 073
4. BHAVYA .J
D/O JANAKIRAMAN.M
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AGED ABOUT 25 YEARS
337/1, NEAR BALAJI BAKERY
ANDRAHALLI MAIN ROAD
FRIENDS COLONY,
PEENYA 2ND STAGE
BENGALURU 560 091
5. NARENDRA SWAMY B.S.
S/O DODDASIDDAIAH.B.S.
AGED ABOUT 51 YEARS
NO.82, SRI. VENKATESHWARA NILAYA
1ST STAGE, 2ND CROSS
NEAR VIANAYAKA TEMPLE
HEBBAL KEMPAPURA
BENGALURU 560 024
6. SUDHIR.U
S/O UDAYA KUMAR O.
AGED ABOUT 29 YEARS
# W227/59, 4TH CROSS
GEETHA ROAD, KGF KOLAR
7. HARSHA.B.R
R/O RUDRESH B.P
AGED ABOUT 25 YEARS
NO.50, 6TH CROSS
RAGAVENDRA LAYOUT LAKE
VIEW ROAD KAMMAONDANA HALLI
JALAHALLI WEST
BENGALURU 560 015
8. MANJU B
D/O BALAKRISHNA N
AGED ABOUT 25 YEARS
# 1340, 10TH CROSS
R.K.HEGDE NAGAR
DR. SRK POST,
BENGALURU - 560 077
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9. TEJASWINI A.
D/O ANANDA N.
AGED ABOUT 24 YEARS
NO.256, 7TH CROSS,
2ND MAIN PRAKASHNAGAR
BENGALURU 560 021
10 . TUSHA B.R
D/O RAJESH B.T.
AGED ABOUT 25 YEARS
NO.67 SHANKARMUTT ROAD
SHANKAPURAM
BENGALURU 560 004
11 . SUNITHA G.
D/O GANGAPPA
AGED ABOUT 40 YEARS
# 83, 2ND CROSS
2ND MAIN ROAD, VYALIKAVAL
BENGALURU 560 003
12 . MURALI B
S/O BABU.C
AGED ABOUT 25 YEARS
3406, 1ST MAIN, 2ND CROSS
VRUSHABAHAVATHI NAGAR
KAMALA NAGAR
BENGALURU 560 079
13 . PRIYANKA M
D/O K.MOHAN KUMAR
AGED ABOUT 27 YEARS
#13, PSK LANE
COTTONPET MAIN ROAD
BENGALURU 560 053
14 . SANDHYA.R
D/O RAVI .R
AGED ABOUT 26 YEARS
7/4 OLD 845/74,
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17TH CROSS
MALLESHWARAM
BENGALURU 560 055
15 . PALLAVI R
D/O RAJU L.
AGED ABOUT 31 YEARS
12, 6TH CROSS, NEAR
CHOWDESHWARI TEMPLE
M.N.LAYOUT, DINNUR
R.T. NAGAR
BENGALURU 560 032
16 . MARKANDEEPA
D/O HANUMAPPA KOPPA
AGED ABOUT 32 YEARS
POST HORATATNAL
MARKANDEEPA DISTRICT
KOPAL 583 231
17 . SUSHIL KUMAR
S/O PRAKASH GOLA
AGED ABOUT 35 YEARS
# 11-189/3, RAM NAGAR
NEAR S.B. COLLEGE COURT ROAD
GULBARGA 585 103
18 . SIDDESH H.N
S/O NANJUNDAIAH H.S.
AGED ABOUT 33 YEARS
29, 1ST MAIN, 2ND CROSS
NANJAPPA LAYOUT
BENGLAURU 560 030
19 . MOHAN RAJ
#9, 5TH CROSS
GANAPATHI NAGAR
HOSKERE HALLI MAIN ROAD
MYSURU ROAD
BENGLAURU 560 026
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20 . ANAND RAJU. G
247, 1ST MAIN RAMAKRISHNA NAGAR
RAILWAY MENS COLONY NANDINI LAYOUT
4TH BLOCK, BENGALURU 560 096
... PETITIONERS
(BY SRI.BALAKRISHNA SHASTRY S., ADV.)
AND:
1. THE PRINCIPAL SECRETARY
MINISTRY OF HIGHER EDUCATION
GOVERNMENT OF KARANATAKA
VIDHANA SOUDHA
DR.B.R.AMBEDKAR VEEDHI
BENGALURU 560 001
2. THE REGISTRAR (ADMINISTRATION)
KUVEMPU UNIVERSITY
JNANASAHYADRI
SHANKARGHATTA
SHIVAMOGGA DISTRICT
SHIVAMOGGA 577 451
3. THE REGISTRAR (EVALUATION)
KUVEMPU UNIVERSITY
JNANASAHYADRI
SHANKARAGHATTA
SHIVAMOGGA DISTRICT
SHIVAMOGGA 577 451
4. THE DIRECTOR,
DIRECTORATE OF DISTANCE EDUCATION
KUVEMPU UNIVERSITY
JNANASAHYADRI
SHANKARGHATTA
SHIVAMOGGA DISTRICT
SHIVAMOGGA 577 451
5. CO-ORDINATOR
SUJALA EDUCATIONAL ACADEMY (R.)
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SUJALA COLLEGE OF COMMERCE
AFFILATED TO MYSURU UNIVERSITY
COLLEGE CODE 3016
APOORVA HOTEL ROAD
NORTHERN EXTENSION
DISTRICT HASSAN
HASSAN 573 201 ... RESPONDENTS
(BY SMT.ANITHA N., HCGP FOR R1;
SRI. RAJENDRA KUMAR SUNGAY T.P.,
ADV. FOR R2 TO R4;
SRI. B. VISHWANATH SHETTY, ADV. FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASHING THE ENDORSEMENT ISSUED BY THE 3RD
RESPONDENT DATED 23/09/2021 COPY PRODUCED AT
ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners No.2 to 20 are admitted for the course of BBA and MBA through distant Education for the academic year 2019-2020 through respondent No.5 - Institute, which is affiliated to respondent No.2 - Kuvempu University. It is the contention of petitioner No.1 - Institution that petitioners No.2 to 20 were so admitted through petitioner No.1 - Institution. For the said reason, the petitioner No.1 made request to respondent No.2 - University to issue necessary marks card of petitioners No.2 to 20 to petitioner -7- No.1 - Institution. However, respondent No.2 - Kuvempu University by its letter dated 23.09.2021 vide annexure - A to the writ petition has replied stating that the said students were admitted through respondent No.5 - Institute and hence marks cards to petitioners No.2 to 20 cannot be given to petitioner No.1 - Institution. Aggrieved by the same, the instant writ petition is filed with a prayer to quash the impugned letter dated 23.09.2021 bearing No. KuV/PaV/DS-1/34/D1025/2021-22 vide Annexure - A to the writ petition and also a writ of mandamus directing the University to issue marks card of petitioners No.2 to 20.
2. It is categorical submission of respondent No.2
- Kuvempu University that students have been permitted to pursue their studies and write examination for the courses that they have been so admitted and that their results will also be declared in accordance with law. However, it is contended that the marks cards of the said students cannot be sent to petitioner No.1 - Institution and the request of petitioner No.1 cannot be considered.
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3. It is not in dispute that petitioners No.2 to 20 are students of respondent No.5 - Institution and not that of petitioner No.1. Under the circumstances, the question of issuing marks card to petitioners No. 2 to 20 through petitioner No.1 does not arise and there is no error committed by the respondent No.2 - Kuvempu University in issuing the letter dated 23.09.2021 vide annexure - A to the writ petition and thereby refusing to issue marks cards to petitioners No.2 to 20 through petitioner No.1 - Institution. Further, the learned counsel for respondent No.2 - Kuvempu University upon instructions has categorically submitted that University is not coming in the way of studies of petitioners No.2 to 20.
Under the circumstances, the writ petition being devoid of merits is hereby dismissed.
Sd/-
JUDGE AG