Karnataka High Court
Jai Hind College Of Education, Gulbarga vs Registrar University, Gulbarga 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.82720/2012
& W.P.NOS.87600-87699/2012 (EDN-RES)
Between:
1 Jai Hind College of Education,
Gulbarga, through Principal Shahina Tubsum,
Aged about 38 years, occ; Principal,
R/o Mehboob Naga, Gulbarga 585 104.
2 Sanchita Kundu D/o Swapan Kumar Kundu,
aged about 34 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Radha App, Chandan Nagar,
Hoogly, West Bengal.
3 Dhirendra Meher S/o Raj Man Meher,
aged about 39 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Odisha.
4 Dhagreshwar Mehra S/o Ujjal Mehra,
aged about 32 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga, R/o Odisha.
2
5 Manoj Kumar Singh S/.o Pawan Kumar Singh,
aged about 31 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Dhanbad, Jharkhand.
6 Chandrakanth S/o Suresh,
aged about 28 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Jagat Circle, Gulbarga.
7 Laxmikant Bhunia, S/o Nimiya Chandra,
Aged about 30 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Medinipur, West Bengal.
8 Rima Basak D/o Shambu Nath Basak,
aged about 37 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o R.B.Road, Bireti, Kolkatta, West Bengal.
9 Mahadeb Roy S/o Banesh C.H.Roy,
aged about 35 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Plashchim Salbari, Dhupguri, West Bengal.
10 Mahadeb Bhunia S/o Sachendra Nath Bhunia,
aged about 38 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Pashchim Manipur, Sandesh Khali, Manipur.
11 Prasanta Kumar Barik S/o Siba Prasad Barik,
aged about 40 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o IDCO Colony, Bhubaneshwar, Odisha.
12 Dilip Kumar Sahu S/o Ganesh Sahu,
aged about 27 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga, R/o Puri, Odisha.
3
13 Nilamdhaba Satpathy S/o Nalbar Satpathy,
Aged about 36 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bhadrak, Odisha.
14 Mansinga Shweta S/o Jogendra Shweta,
Aged about 32 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Puri, Odisha.
15 Sunil Kumar Pradhan S/o Raj Kishor Pradhan,
aged about 32 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/oPuri, Odisha.
16 Habeebullah Bademgol S/o Abdul Razak,
aged about 27 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/oBijapur, Karnataka.
17 Patel Mohd.Ishaque S/o Baba Saheb,
aged about 36 years,
occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bijapur, Karnataka.
18 Mohd.Abdulla Mudassir S/o M.A.Muqtadar,
aged about 25 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bidar, Karnataka.
19 Pradhan Baghban S/o Jogal Kishor Pradhan,
aged about 37 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Kemihar Karanjia, Odisha.
4
20 Panda Tapan Kumar S/o Shankar Shyam Panda,
aged about 29 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Kalyani Nagri, Dharma Nagar,
Bhardak, Odisha.
21 Behera Susan Kumar S/o Girdhari Behra,
aged about 36 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Ratikar, Pingal, Odisha.
22 Samal Banaj Kanta S/o Krisghn Chandra Samal,
aged about 35 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Kendrapara, Odisha.
23 Abdul Masood S/o Md.Noorul Islam,
aged about 24 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Gandhipur Pakur, Jharkhand.
24 Md.Jehangir Alam S/o Imran Ali,
aged about 32 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o New Chandpur, Sitteshnagar, Jharkhand.
25 Jitendra Kumar Sharma S/o Rajendra Sharma,
aged about 26 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Jamadoba, Dhanbad, Jharkhand.
26 Biswa Bhushan Pradhan S/o Jalandar Pradhan,
aged about 25 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Puri, Odisha.
5
27 Sethi Girdhari S/o Govind Chandra Sethi,
aged about 38 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bhubaneshwar, Odisha.
28 Maroof Ali S/o Abbas Ali,
Aged about 37 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Vishakhapatnum, Odisha.
29 Sajid Ali S/o Masud Ali,
aged about 43 yeas, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Dhanbad, Jharkhand.
30 Rehanulla Khan Warsi S/.o Mubin Khan Warsi,
aged about 28 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Dhanbad, Jharkhand.
31 MD Ashraf Ahmed S/o Md.Asif Ahmed,
aged about 30 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Shahapur, Gulbarga, Karnataka.
32 Syed Shafiuddin S/o Syed Shujat,
aged about 35 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/oShahapur, Gulbarga, Karnataka.
33 Narendra Kumar Hari S/o Hemant Hari,
aged about 25 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Blkaro Steel City, Jharkhand.
6
34 Gulam Baki S/o Rasul Baki,
aged about 25 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Hazaribag, Jharkhand.
35 Sahu Brahmanand S/o Shankali Charan Sahou,
aged about 35 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Karanjia, Odisha.
36 Mahanta Deepak Kumar S/o Janmajeya Mahanta,
aged about 31 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Puri, Odisha.
37 Loknath Prasad S/o Bhagirath Mahto,
aged about 26 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Basaveshwarnagar, Bangalore.
38 Pradeep Kumar S/.o Santappa
aged about 25 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/oAdarshnagar, Gulbarga, Karnataka.
39 Kamble Anand Kumar S/o Baliram,
aged about 28 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Maharashtra.
40 Ajit Kumar Yadav S/o Jagdish Yadav,
aged about 25 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Vishakhapatnum, Odisha.
7
41 Anjan Kumar Behera S/o Basukinath Behra,
aged about 24 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Balasore Basta, Odisha.
42 Mohammed Sirajuddin.A. S/o Abdul Rasheed A.,
aged about 26 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Khairat Bazar, U.P.
43 Santosh Kumar S/o Rang Lal M.,
aged about 27 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Baroli Police Station, Gopal Gunj, Khar.
44 Razi Ahmed S/o Ali Ahmed,
aged about 31 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Hazaribag, Jharkhand.
45 Sadashib Barik S/o Bheem Sen Barik,
aged about 38 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o r/o IDCO Colony, Bhubaneshwar, Odisha.
46 Mitilish Kumar Sharma S/o Ram Kumar Sharma,
aged about 23 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Hazaribag, Jharkhand.
47 Krishna Kishor Mahto S/o Amrut Mahto,
aged about 26 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Topchandchi, Dhanbad, Jharkhand.
8
48 Mishra Satyajit S/o Prawad Chandra,
aged about 32 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Puri, Gulbarga.
49 Anuj Kumar Tiwari S/o Siya Ram Tiwari,
aged about 23 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Dhanbad, Jharkhand.
50 Avinash Kumar S/o Sri Ganga Singh,
aged about 31 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Barakeshav Farrukhabad, U.P.
51 Baliram S/o Digamber,
Aged about 31 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Jagat Circle, Gulbarga.
52 Ajay Kumar Khanda S/o Santosh Kumar Khanda,
aged about 23 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Puri, Odisha.
53 Basukinath Yadav S/o Parmeshwar Yadav,
aged about 26 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Pakur Dhanbad, Jharkhand.
54 Sudeep Dey S/o Shashanka Kumar Dey,
Aged about 25 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Sristy Appartment, Kundu Bagan, W.B.
9
55 Adigal Nagraj S/o Vishwanath,
aged about 32 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Hyderabad, A.P.
56 Sabya Sachi Giri S/o Amiya Kumar Giri,
aged about 28 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Loniya Mayur Gunj, Odisha.
57 Rajesh Kumar Mehta S/o Mahendra Prasad Mehta,
aged about 23 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bahimar, Hazaribad, Jharkhand.
58 SK Sakir UL Islam S/o SK Mehtab Ali,
aged about 23 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Pashchim Medinipur, W.B.
59 Pooru S/o Narasing,
aged about 25 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Chittapur, Gulbarga.
60 Suman Roy S/o Santeshwar Roy,
aged about 37 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Pashchim Salbari, Dhupguri, W.B.
61 Jaydev Mandal S/o Arvind Mandal,
aged about 31 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Madhu Sudarkarpur, W.B.
10
62 Amit Kumar Das S/o Baidyanath Das,
aged about 28 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Rajipur, Hasnabad, W.B.
63 Prasanjit Mana S/o Ajay Mana,
aged about 24 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Pashchim Medinipur, W.B.
64 Bikash Pramanik S/o Bebak Pramanik,
aged about 25 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Pashchim Medinipur, W.B.
65 S.K.Tufan Ali S/o SK Abukar Ali,
aged about 24 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Pashcim Medinipur, W.B.
66 SK Moinul Islam S/o SK Imam Ali,
aged about 27 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Pashchim Medinipur, W.B.
67 Arif Khan S/o Abid Khan,
aged about 31 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Hazaribag, Jharkhand.
68 Aman Mishra S/o Gay Prasad Mishra,
aged about 24 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Deepa Cloth House, Bidhuna Road,
Saurikh, Jharkhand.
11
69 Sunil Kumar S/o Basudev Thakur,
aged about 29 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Hazaribag, Jharkhand.
70 Sabya Sachi Mallik S/o Bansidhar Mallik,
aged about 28 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Melera Baripul, W.B.
71 Rajnikant Pandey S/o Sadanand Pandey,
aged about 23 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Jharia, Dhanbad, Jharkhand.
72 Priyanka Kumari D/o Sanjay Kumar,
Aged about 31 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Manirtand, Mari Godown, Dhanbad,
Jharkhand.
73 Prakash Kumar S/.o Umesh Saw,
aged about 22 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Lishnpur Chatra, Jharkhand.
74 Panda Narayan S/o Prakash Chandra,
aged about 36 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Puri, Odisha.
75 Prashant Kumar Pattnaik S/o Prasann Kumar P.,
aged about 31 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Puri, Odisha.
12
76 Sadanand Naik S/o Hadubandu Naik,
aged about 32 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Puri, Odisha.
77 Vikas Kumar Sharma S/o Krishn Sharma,
aged about 25 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Joradhokar, Dhanbad, Jharkhand.
78 Md.Zainul Abiden S/o Md.Kalam,
aged about 27 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Jharia, Dhanbad, Jharkhand.
79 Pritam Benerjee S/o Bileshwar Banerjee,
aged about 35 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bhuli, Dhanbad, Jharkhand.
80 Md.Rizwan S/o MD Irfan,
aged about 28 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Jharia, Dhanbad, Jharkhand.
81 Laldeo Mehra S/o Madan Mehra,
aged about 25 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Pakur Dhanbad, Jharkhand.
82 Thatei Bimal Kumar S/o Baishnav Charan Thatei,
aged about 25 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bhadrak, Odisha.
13
83 Thatei Sanjay Kumar S/o Ran Bandu Thatei,
aged about 29 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bhadrak, Odisha.
84 Das Manjulata D/o Bhakta Hari Das,
aged about 34 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bhadrank, Odisha.
85 Sanjay Kumar Behra S/o Purushottam Behra,
aged about 38 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bhadrank, Odisha.
86 Bharat Kumar Das S/o Bhakta Hari Das,
aged about 37 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bhadrak, Odisha.
87 Biswanath Naik S/o Bachindi Naik,
aged about 36 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bhadrak, Odisha.
88 Tarei Kagaji S/o Hadbandu Thatei,
aged about 38 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Puri, Odisha.
89 Jeena Jayant Kumar S/o Mayadhar Jena,
aged about 35 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bhadrank, Odisha.
14
90 Pratap Chandra Palai S/o Gadadhar Palai,
Aged about 35 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Puri, Odisha.
91 Nayak Prasana Kumar S/o Dayanidhi Naik,
aged about 34 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bhadrak, Odisha.
92 Prahlad Sarkar S/o Govind Sarkar,
aged about 36 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bokaro Steel City, Jharkhand.
93 Satish Narayan Sahu S/o Laxman Kumar Sahu,
aged about 30 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Vishakhapatnum, Odisha.
94 Bhubaneshwari Das D/o Anupam Das,
aged about 26 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Puri, Odisha.
95 Sethi Niranjan S/o Mahendra Prasad Sethi,
aged about 38 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Vishakhapatnum, Odisha.
96 Barja Kishore Pradhan S/o Gadadhar Pradhan,
aged about 35 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Puri, Odisha.
15
97 Mallik Shakuntala D/o Shanta Chandra Mallik,
aged about 35 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bhadrak, Odisha.
98 Gautam Sahoo S/o Nitai Sahu,
aged about 30 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bokaro Steel City, Jharkhand.
99 Ujjal Dhali S/o Narayan Chandra Dhali,
aged about 32 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Salt Lake City, W.B.
100 Ram Prasad Kayal S/o Sunil Kayal,
aged about 32 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Debipur, Kultali South, W.B.
101 Anuj Banerjee S/o Arvind Banerjee,
aged about 29 years, occ; Student of Jai Hind
B.Ed. College, Gulbarga,
R/o Bokaro Steel City, Jharkhand. .... Petitioners.
(By Sri Avinash A. Uploankar, Adv.)
And:
Registrar,
Gulbarga University,
Gulbarga - 585 106. .... Respondent.
(By Sri Veeresh B. Patil, Adv.)
---
16
These Writ Petitions are filed under Articles 226 & 227 of the
Constitution of India, praying to direct the respondent to consider the
representation made by the first petitioner at Annexure 'E' and
accordingly permit the first petitioner to continue with the courses
undertaken by the first petitioner-institution, etc.
These Writ Petitions coming on for Further Orders this day,
the Court passed the following:
ORDER
Petitioner Nos.2 to 101 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.
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. 17
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.
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 18 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 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 19 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/-