Karnataka High Court
Seema D.Ed., College vs The State Of Karnataka on 12 April, 2018
Author: A.S.Bopanna
Bench: A.S. Bopanna
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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.30776-30830/2017
&
WRIT PETITION NO.49835/2017 (EDN-RES)
BETWEEN:
1. SEEMA D.ED. COLLEGE,
B.M. ROAD, OPP. PANDARAM LINE,
MARIKUPPAM POST, KGF,
KOLAR - 563 119.
REPRESENTED BY ITS SECRETARY
MR. RIYAZ AHMED
SON OF LATE SABJAN SAHEB.
2. WISDOM D.ED. COLLEGE,
OPPOSITE TO KRISHNAGIRI LANE,
KUPPAM ROAD,
MARIKUPPAM K.G.F.
KOLAR - 563 119.
REPRESENTED BY ITS SECRETARY
MR. SYED NAWAB,
AGED ABOUT 56 YEARS
SON OF LATE MR. SYED GHOUSE. ...PETITIONERS
(BY SRI S. SARAVANA, ADV. FOR
SR D.R. RAVISHANKAR, ADV.)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF HIGHER EDUCATION,
VIKASA SOUDHA
DR. B. R. AMBEKAR VEEDHI
BENGALURU - 560 001.
REPRESENTED BY
PRINCIPAL SECRETARY.
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2. DIRECTOR OF STATE EDUCATIONAL
AND RESEARCH AND TRAINING
100 FEET ROAD, BSK II STAGE
BENGALURU - 560 041.
REPRESENTED BY ITS DIRECTORS.
3. DIRECTOR (OTHER EXAMINATIONS),
KARNATAKA SECONDARY EDUCATION
AND EXAMINATION BOARD,
MALLESHWARAM
BENGALURU - 560 003.
4. DISTRICT INSTITUTE OF
EDUCATIONAL & TRAINING
CHIKKAHASALA
KOLAR - 563 112.
REPT. BY ITS PRINCIPAL.
5. M. ANADAN SONIYA
D/O. R. ANANDAN,
AGED ABOUT 23 YEARS.
6. J. BHAGYASHREE,
D/O. J CHANDRA SHEKAR,
AGED ABOUT 24 YEARS.
7. JAGGANNATH,
S/O. POOLYA NAIK,
AGED ABOUT 26 YEARS.
8. M.K. SHIVA KUMAR,
S/O. LAXMAIAH,
AGED ABOUT 28 YEARS.
9. KORSA KAMESWARARAO,
S/O. KORSA BHADRAIAH,
AGED ABOUT 26 YEARS.
10. SODE SHANTHAMMA,
S/O. SODE BHRAMAIAH,
AGED ABOUT 18 YEARS.
11. P. THRIVENI,
D/O. ESWARAPPA,
AGED ABOUT 32 YEARS.
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12. VIJITHA K.
S/O. SATHYANARAYANA REDDY,
AGED ABOUT 33 YEARS.
13. VIJAYA,
S/O. SAMARAJ,
AGED ABOUT 26 YEARS.
14. P. BHUDEVI,
D/O. P. RAMAIAH,
AGED ABOUT 34 YEARS.
RESPONDENTS 5 TO 15
ARE STUDENTS OF
1ST YEAR D.ED. COURSE.
15. J.P. MONIKA,
D/O. J. PERIYASWAMY,
AGED ABOUT 20 YEARS.
16. KUNJA GANESH,
S/O. KUNJA RAMURTHI,
AGED ABOUT 19 YEARS.
17. IRPA RAMA KRISHNA,
S/O. KUNJA RAMURTHI,
AGED ABOUT 19 YEARS.
18. BANAVATH RAJ KUMAR NAIK,
S/O. B THULASI NAIK,
AGED ABOUT 21 YEARS.
19. MIDIAM SURESH,
S/O. MIDIAM DHARMAIAH,
AGED ABOUT 20 YEARS.
20. PENUBALLI ARVIND,
S/O. PENUBALLI KANNAIAH,
AGED ABOUT 20 YEARS.
21. M. LAKSHMI BHAVANI,
D/O. K.P. MADHAVAIAH,
AGED ABOUT 27 YEARS.
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22. ESLAVATH MOUNIKA,
D/O. ESLAVATH DAKYA NAIK,
AGED ABOUT 23 YEARS.
23. MUDURU VENKATARAMANA,
S/O. M. KAMAIAH,
AGED ABOUT 21 YEARS.
24. K. RAMESH,
S/O. K. HANUMANTHU,
AGED ABOUT 29 YEARS.
25. R. JYOTHI,
S/O. PANDU,
AGED ABOUT 25 YEARS.
26. BANAVATH MAHENDRA NAICK,
S/O. K. BANAVATH THULASA NAICK,
AGED ABOUT 26 YEARS.
27. V. BASHA,
S/O. V. SEVYA NAIK,
AGED ABOUT 26 YEARS.
28. MUDE LAKSHMI SOUNDARYA,
S/O. MUDE REDEPPA NAICK,
AGED ABOUT 26 YEARS.
29. MADIVI VARALAKSHMI,
S/O. MADIVI MUTHAIAH,
AGED ABOUT 24 YEARS.
30. PALLATISWARNALATHA,
S/O. LAXMIPATHI,
AGED ABOUT 32 YEARS.
31. RAMAVATH RANI,
D/O. R BODIYA,
AGED ABOUT 23 YEARS.
32. AVULA ARCHANAYADAV,
D/O. AVULA ALLAJI YADAV,
AGED ABOUT 23 YEARS.
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33. KHATRAVATH SAKKUBAI,
D/O. KHATRAVATH RAMULU,
AGED ABOUT 27 YEARS.
34. KHETAVATH KAVITHA,
D/O. KHETAVATH LAXMAN,
AGED ABOUT 23 YEARS.
35. POOJARI MOUNIKA,
S/O. POOJARI VENKATARAMANAN,
AGED ABOUT 19 YEARS.
36. MUDE ANIL KUMAR NAIK,
S/O. MUDE REDDEPPA NAIK,
AGED ABOUT 20 YEARS.
RESPONDENTS NO.15 TO 36 ARE
STUDENTS OF IIND YEAR D.ED
COURSE OF SEEMA D.ED COLLEGE.
37. K. SREEKAR,
SON OF K. RAMAKRISHNAIAH,
AGED ABOUT 19 YEARS.
38. M. HIMA BINDU,
D/O. M. RAMACHANDRAIAH,
AGED ABOUT 18 YEARS.
39. G. SHARAVANI,
D/O. G. NARAYANA,
AGED ABOUT 19 YEARS.
40. S. MADHAVI,
D/O. S. MANEIAH,
AGED ABOUT 18 YEARS.
RESPONDENTS NO.37 TO 40
ARE STUDENTS OF 1ST YEAR
WISDOM D.ED. COLLEGE.
41. JENIGA SARVANI,
D/O. J. KARNAKAR,
AGED ABOUT 19 YEARS.
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42. GOUNIKADI HARITHA,
D/O. G. RAVINDER YADAV,
AGED ABOUT 19 YEARS.
43. DHARAVATH RAVIRAJ,
SON OF D. SETRAM,
AGED ABOUT 20 YEARS.
44. SRIKANTH K.
SON OF K. SATHAIAH K.
AGED ABOUT 36 YEARS.
45. EMANI VENKATESHWARULU,
SON OF ANJAIAH,
AGED ABOUT 34 YEARS.
46. GUGULOTH PAVAN KUMAR,
SON OF GUGULOTH LALU,
AGED ABOUT 19 YEARS.
47. GAJULA PADMA,
D/O. BONDAIAH,
AGED ABOUT 25 YEARS.
48. T. VENKATATAIAH,
SON OF BALA CHENNAIAH,
AGED ABOUT 36 YEARS.
49. S. MAMATHA,
D/O. S YAGANTEESHWAR,
AGED ABOUT 19 YEARS.
50. T. BHANU PRAKASH,
SON OF T. VENKATESHWARULU,
AGED ABOUT 22 YEARS.
51. BANAVATH PADMA,
D/O. BANAVATH MOHAN,
AGED ABOUT 19 YEARS.
52. R. POOJA,
D/O. R. SOMANI,
AGED ABOUT 20 YEARS.
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53. MENAVATH RENUKA,
D/O. M. JAGANA,
AGED ABOUT 23 YEARS.
54. KADUMURI AREEF,
SON OF KADUMURU NOOR AHAMMAD,
AGED ABOUT 24 YEARS.
55. VULUPARA KAVITHA,
D/O. VULUPARA NIRANJAN,
AGED ABOUT 20 YEARS.
56. ESLAVATH SHILPA,
D/O. E. MOTHYA,
AGED ABOUT 24 YEARS.
57. ANNAPURNA M.,
D/O. KRISHNAIAH M.,
AGED ABOUT 30 YEARS.
58. JYOTHI P.
D/O. BALASWAMY P.
AGED ABOUT 27 YEARS.
RESPONDENTS NO.41 TO 58 ARE
STUDENTS OF WISDOM D.ED COLLEGE,
KRISHNAGIRI LANE KUPPAM ROAD,
KGF, KOLAR - 563 119.
59. NATIONAL COUNCIL FOR TEACHER
EDUCATION (NCTE),
OFFICE AT HANS BHAVAN WING II,
BAHADUR SHAH ZAFAR MARG,
NEW DELHI - 110 002.
REP. BY ITS REGISTRAR ...RESPONDENTS
(BY SRI A.G. SHIVANNA, ADDL. A.G. A/W.
SRI J.M. UMESH MURTHY, HCGP FOR R-1 TO R4
SRI BASAVARAJ V. SABARAD, ADV. FOR R-59
NOTICE TO R5-R58 D/W. V/O. DTD. 05.01.2018)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
COMMUNICATION LETTER ISSUED BY THE R-4 DATED
01.06.2017, ANNX-L.
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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 petitioners-Institutions for the D.Ed Course in the academic year 2015-16 are to be provided the benefit of external examination/internship which 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 petitioners-Institutions to seek for submission and 9 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 petitioners-Institutions 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.
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:
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"(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 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 11 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 petitioners- Institutions is to be regularized in such fashion.
7. Hence, irrespective of the nature of the endorsement issued to the petitioners 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 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 12 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 petitioners-Institutions 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 petitioners-Institutions 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