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Sri Shrikar A.J., learned counsel accepts notice for respondent No.2.

2. The petitioner has sought for issuance of writ in the nature of mandamus to direct respondent No.1 University to issue Degree Convocation Certificate taking note of the request by way of representation dated 20.02.2024.

3. It is the case of the petitioner that the petitioner had enrolled for the Master of Science in Information Technology [M.Sc. (IT)] with the respondent No.1 University through distance education from Dharwad Study Center in the year 2006-2007. It is further submitted that the petitioner has completed Post Graduate Degree in M.Sc (IT) and Provisional Degree Certificate was NC: 2024:KHC:22718 issued on 26.12.2008 as per Annexure-'B'. It is also submitted that though the petitioner has been making representations for issuance of Degree Convocation Certificate, the same has not been issued till date.

4. The petitioner submits that in an identical factual matrix in W.P.No.2795/2022 (EDN-RES), this Court has passed direction for issuance of Degree/Convocation Certificate to the petitioner in the said petition and therefore, on parity, the present petitioner is also entitled for the same relief.

5. Sri T.P.Rajendrakumar Sungay, the learned counsel appearing for the respondent No.1-University has filed the statement of objections and relied upon Annexure-'R1' dated 18.08.2021, which is the communication by University Grants Commission (UGC) and submits that non-issuance of Degree/Convocation Certificate is in light of technical restraint as is observed in the communication dated 18.08.2021 by UGC. It is further submitted that, in light of restriction by UGC, the NC: 2024:KHC:22718 Degree Convocation Certificate has not been granted to the petitioner.

7. It is further observed in the communication as follows:-

"... Therefore, the KSOU is directed to not to issue any Degree for the years for which either the University was not recognized or territorial jurisdiction has not been complied. If any violation is noticed, the punitive action would be initiated against the University...."

8. It is noticed that the Study Centre is situated within the territorial jurisdiction. The Apex Court in the case of Prof. Yashpal v. State of Chhattisgarh reported in (2005) 5 SCC 420 has referred to the aspect of jurisdiction and while doing so, as is observed in the UGC directive of 18.08.2021, the restriction is as regards those Universities operating beyond the territorial jurisdiction of the respective States. If that were to be so and in the present case, merely because the petitioner has undergone the Course through Study Centre, the same cannot be taken to be a bar for issuance of Degree NC: 2024:KHC:22718 Convocation Certificate in terms of the directives of UGC issued on 18.08.2021.

11. Learned counsel appearing for respondent-UGC submits that the Convocation Certificate can be issued to the petitioner only at the next convocation.

NC: 2024:KHC:22718 Said submission is taken note of.

12. Insofar Degree Certificate is concerned, the respondent No.1-University is to issue the Degree Certificate within a period of eight weeks from the date of receipt of certified copy of the order. As regards Convocation Certificate, the undertaking of the respondent is taken note of.