Anjana Priyadarshini vs The Secretary on 27 January, 2020

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Karnataka High Court

Anjana Priyadarshini vs The Secretary on 27 January, 2020

Bench: P.B. Bajanthri

                          1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 27TH DAY OF JANUARY, 2020

                        BEFORE

     THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

           W.P. NO.44138/2016 (EDN-RES)

BETWEEN:

ANJANA PRIYADARSHINI
AGED ABOUT 24 YEARS,
D/O N.DEEPAK KUMAR,
RESIDING AT # 613,
ASHOKA ROAD,
MYSORE - 570 001.                ... PETITIONER

(BY SRI. MOHAN .N. ADVOCATE FOR PETITIONER.)

AND:

1.     THE SECRETARY,
       KARNATAKA EDCUATION
       DEPARTMENT (HIGHER EDUCATION),
       VIDHANA SOUDHA, BANGALORE - 560 001.

2.     THE ASSISTANT DIRECTOR,
       OFFICE OF THE DIRECTORATE,
       DIRECTOR OF TECHNICAL EDUCATION,
       VIDHANA SOUDHA,
       BANGALORE - 560 001.

3.     THE ADMINISTRATIVE OFFICER,
       KARNATAKA EXAMINATIONS AUTHORITY,
       18TH CROSS, SAMPIGE ROAD,
       MALLESHWARAM, BANGALORE - 560 003.

4.     THE PRINCIPAL,
                              2




      NATIONAL INSTITUTE OF ENGINEERING,
      MYSORE BANNUR ROAD,
      MYSORE - 570 001.

5.   DISTRICT COMMISSIONER,
     DEPARTMENT OF MINORITY
     AND BACKWARD WELFARE DEPARTMENT,
     NO. 43, 5TH CROSS, 2ND MAIN ROAD,
     NEAR RAILWAY GATE (ABOVE THE ALANKAR
     TIFFANIES) JAYANAGAR,
     MYSORE - 570 001.           ... RESPONDENTS

(BY SRI. N.K. RAMESH, ADVOCATE FOR R3.
SMT. PRAMODHINI KISHAN, AGA FOR R1, R2 & R5.
SRI. MAHESH .B. ADVOCATE FOR R4 (ABSENT)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE RESPONDENT TO ISSUE
DECREE CERTIFICATE, TRANSFER CERTIFICATE AND
CONVOCATION CERTIFICATE WITHOUT INSISTING THE
PETITIONER TO PAY THE CET-FEE AS IS EXEMPTED
AND ETC.,

     THIS PETITION COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:-


                         ORDER

None appears for respondent No.4.

2. Petitioner in this petition has sought for the following reliefs:

(i) Issue a writ of Mandamus or appropriate direction to the Respondent-college to issue degree certificate, Transfer Certificate and Convocation Certificate without insisting the petitioner to pay the CET-Fee as is exempted.

(ii) Pass any such other order/s and grant relief that this Honourable Court may deem fit on the facts and circumstances of the case with exemplary costs in the interest of equity and justice.

3. Respondent No.4 has not apprised this Court under which provision of law petitioner's documents have been withheld. In identical matter, this Court in W.P.No.46765/2016 disposed of on 09.01.2020 has arrived at a conclusion that there is no provision for withholding of records pertaining to a student. Apparently, reasons for withholding petitioner's documents like degree certificate, transfer certificate and convocation certificate is with reference to dispute towards payment of CET fee. In the absence of any provision, respondent No.4 cannot withhold petitioner's results, degree certificate, transfer certificate and convocation certificate. Therefore, respondent No.4 is hereby directed to release the degree certificate, transfer certificate and convocation certificate within a period of four weeks from the date of receipt of this order. In respect of 4 dispute relating to non-payment of CET fee is concerned, respondent No.4 is at liberty to avail appropriate remedy in accordance with law.

With the above said observations, petition stands disposed.

Sd/-

JUDGE brn

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