DATED THIS THE 27 TH THE HON’BLE MR. JUSTICE A.N ...judgmenthck.kar.nic.in/.../1/WP28086-16-27-01-2017.pdf · sagar s/o panditrao aged 42 years, occ: principal r/o bidar …petitioner

1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 27TH DAY OF JANUARY, 2017

B E F O R E

THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

WRIT PETITION NOS.28086/2016 & 29462-71/2016(EDN-EX)

C/WWRIT PETITION NOS.28087/2016 & 28564-613/2016

C/W

WRIT PETITION NOS.28089/2016 &28742-791/2016C/W



WRIT PETITION NOS.30258/2016 & 30352-401/2016C/W



WRIT PETITION NOS.201891/2016 & 201965 &201966-996/2016

C/W




WRIT PETITION NOS.201757/2016 & 201941-964/2016

2

W.P.NOS.28086/2016 & 29462-71/2016

BETWEEN:

SRI PRAKASH AMBEDKAR EDUCATION SOCIETYRAJALATH D.ED COLLEGE THROUGH ITS PRINCIPAL

VISHWANATH S/O SHARNAPPA,AGED ABOUT 58 YEARS,

OCC: PRINCIPAL,R/O. BIDAR 585401

…PETITIONER

(BY SRI. J.K. BUKKA, ADV)

AND:

1. THE STATE OF KARNATAKA

THROUGH ITS PRL. SECRETARYEDUCATION DEPT. M.S. BUILDING

BANGALORE 560 001

2. THE STATE OF KARNATAKABY ITS DIRECTOR STATE EDUCATION & TRAINING

NO.4, 100 RING ROAD, 3RD CROSSBANASHANKARI LAYOUT

BANGALORE 560 085

3. THE KARNATAKA STATE SECONDARY EXAMINATIONBOARD (D.ED)

REP BY ITS SECRETARY 6TH CROSS

MALLESHWARAM BANGALORE 560 003

4. THE PRINCIPALDISTRICT INSTITUTE OF EDUCATION RESEARCH &

TRAINING (DIET) NAUBAD BIDAR 585 402

… RESPONDENTS

3

(BY SRI A. SYED HABEEB, AGA)

THESE PETITIONS ARE FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

ALLOW THIS WRIT PETITION DIRECT R-4 TO APPROVE

THE STUDENT LIST FOR THE YEAR 2014-15 AT ANNEX-C &

E DIRECT R-4 TO ISSUE THE HALL TICKET AND ALLOW

THE STUDENT TO APPEAR IN THE EXAMINATION WHICH

HELD ON 01.06.2016 & DIRECT RESPONDENTS TO

DECLARE THE STUDENT RESULTS.

W.P. NOS.28087/2016 & 28564-613/2016

BETWEEN:

VIKRAMADITYA EDUCATION SOCIETY

SAI D.ED COLLEGE HALLIKHED (B)

THROUGH ITS PRINCIPALSRIKANTH S/O LAXMAN

AGED MAJOR, OCC: PRINCIPALR/O BIDAR

…PETITIONER(BY SRI J.K. BUKKA, ADV.)

AND:


THROUGH ITS PRL. SECRETARY,EDUCATION DEPT MS.BUILDING,

BANGALORE-560 001


BY ITS DIRECTOR,STATE EDUCATION AND TRAINING

NO.4, 100 RING ROAD, 3RD CROSS,BANASHANKARI LAYOUT,

4

BANGALORE-560085

3. THE KARNATAKA STATE SECONDARYEXAMINATION BOARD (D.ED)

REP BY ITS SECRETARY,6TH CROSS, MALLESHWARAM,

BANGALORE-560 003

4. THE PRINCIPALDISTRICT INSTITUTE OF EDUCATION RESEARCH AND

TRAINING (DIET) NAUBAD,BIDAR-585402

…RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO

ALLOW THIS W.P. QUASH THE LETTER ISSUED BY R-2 ON

8.3.2016 FORWARDED TO R-1 VIDE ANNEXURE-B DIRECT

THE R-1 TO 4 TO APPROVE THE STUDENT LIST FOR THE

YEAR 2015-16 VIDE ANNEXURE-C.

W.P. NOS.28089/2016 &28742-791/2016

BETWEEN:

AL-NOOR CHARITABLE TRUSTMJA D.ED COLLEGE THROUGH ITS PRINCIPAL

MANIKRAO S/O SAMBANNA METREAGED 39 YEARS,

OCC: PRINCIPALR/O BIDAR-585401

5

…PETITIONER(BY SRI J.K.BUKKA, ADV.)

AND:


THROUGH ITS PRL SECRETARYEDUCATION DEPT, MS BUILDING

BANGALORE-560 001

2. THE STATE OF KARNATAKABY ITS DIRECTOR,

STATE EDUCATION & TRAININGNO.4, 100 RING ROAD, 3RD CROSS

BANASHANKARI LAYOUT

BANGALORE-560085


REP BY ITS SECRETARY6TH CROSS, MALLESHWARAM

BANGALORE-560 003


TRAINING (DIET) NAUBADBIDAR-585402

… RESPONDENTS




DIRECT R-4 TO APPROVE THE STUDENT LIST FOR THE

YEAR 2015-16 AT ANNEX-C & E DIRECT R-4 TO ISSUE THE

HALL TICKET AND ALLOW THE STUDENT TO APPEAR IN

6

THE EXAMINATION WHICH HELD ON 01.06.2016 & DIRECT

RESPONDENTS TO DECLARE THE STUDENTS RESULTS

W. P. NOS.28090/2016 & 28672-28721/2016

BETWEEN:

GNANA GANGA VIDYA PEETHA’S

SHRI ELUKOTE MAILARLINGESHWAR TEACHERSTRAINING INSTITUTION

THROUGH ITS PRINCIPALSAGAR S/O PANDITRAO

AGED 42 YEARS, OCC: PRINCIPALR/O BIDAR

…PETITIONER(BY SRI JAIRAJ K. BUKKA, ADV.)

AND:


THROUGH ITS PRL. SECRETARY,EDUCATION DEPT. MS.BUILDING,

BANGALORE-560 001

2. THE DIRECTOR OF STATE EDUCATION

RESEARCH AND TRAINING BY SECRETARYNO.4, 100 RING ROAD, 3RD CROSS,

BANASHANKARI LAYOUT,BANGALORE-560085

3. THE KARNATAKA STATE SECONDARY

EXAMINATION BOARD (D.ED)REP BY ITS SECRETARY,

6TH CROSS, MALLESHWARAM,

7

BANGALORE-560 003



… RESPONDENTS


THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH

TEH LETTER ISSUED BY R-2 ON 31.03.2016 FORWARDED

TO R-1 AT ANNEXURE-B DIRECT R-1 TO 4 TO APPROVE

THE STUDENT LIST FOR THE YEAR 2015-16 AT

ANNEXURE-C

W.P. NOS.30257/2016 &30402-411/2016

1. BHARATH KUMAR

S/O BADREE LAL GUPTA

AGED 21 YEARSOCC: D ED STUDENT NOOR COLLEGE BIDAR

R/O BIDAR - 585401

2. SHAILENDRA KUMARS/O GHANSHYA M BHANDARI


R/O BIDAR - 585401

3. INDRA SINGH LODHAS/O. LAL CHAND,

AGED 19 YEARS

8

OCC: D ED STUDENT NOOR COLLEGE BIDAR R/O BIDAR - 585401

4. GHANSHYA M LODHA

S/O. PRITHVI,AGED 21 YEARS

OCC: D ED STUDENT NOOR COLLEGE BIDARR/O BIDAR - 585401

5. GIRIRAJ SINGH

S/O. BAL SINGH,AGED 18 YEARS


6. GOPAL SINGHS/O. BAL SINGH,


R/O BIDAR - 585401

7. UMED SINGHS/O. BHAVANI SHANKAR,


R/O BIDAR - 585401

8. RAJESH KUMAR RATHORS/O. KAILASH CHAND RATHOR,

AGED 18 YEARS


9. MUKESH KUMAR RATHORE

S/O. RAM PRASAD RATHORE,AGED MAJOR OCC: D ED STUDENT NOOR COLLEGE

BIDAR R/O BIDAR - 585401

9

10. MUKESH KUMARS/O. RAMKRISHAN LOVAVANSHI,


R/O BIDAR - 585401

11. BANWARI LAL LOVAVANSHS/O. RAMKALYAN,


R/O BIDAR - 585401 …PETITIONERS

(BY SRI J.K. BUKKA, ADV.)

AND:


THROUGH ITS PRL SECRETARY,EDUCATION DEPT MS BUILDING,

BANGALORE-560 001


STATE EDUCATION & TRAINING,NO.4, 100 RING ROAD, 3RD CROSS,

BANASHANKARI LAYOUT,BANGALORE-560 085.

3. THE KARNATAKA STATE SECONDARY EXAMINATION

BOARD (D.ED) REP BY ITS SECRETARY,

6TH CROSS, MALLESHWARAM,BANGALORE-560 003

4. THE PRINCIPAL

DISTRICT INSTITUTE OF EDUCATION RESEARCH &TRAINING (DIET) NAUBAD,

BIDAR-585 402

10

5. THE PRINCIPALNOOR D.ED. COLLEGE,

BIDAR-585 401

…RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO

DIRECT THE R-1 TO 4 TO APPROVE THE STUDENT LIST

FOR THE YEAR 2015-16 WHICH IS AT ANNX-A.DIRECT THE

RESPONDENTS TO ISSUE THE HALL TICKET AND ALLOW

THE STUDENTS TO APPEAR IN THE EXAMINATION WHICH

HELD ON 1.6.2016 & DIRECT THE RESPONDENTS TO

DECLARE THE STUDENT RESULTS

W.P. NOS.30258/2016 & 30352-401/2016

BETWEEN

SWAMY VIVEKNAND D EDCOLLEGE KAMALNAGAR 585413 THROUGH ITS PRINCIPAL

PANDHARI SON OF UMAJI JADHAVAGED 37 OCC: PRINCIPAL

R/O VILLAGE DABKA TAUKA AURAD - BDISTRICT BIDAR

... PETITIONER

(BY SRI. J K BUKKA, ADV.)

AND

11

1. THE STATE OF KARNATAKATHROUGH ITS PRL SECRETARY

EDUCATION DEPT M S BUILDING,BANGALORE - 560001

2. THE STATE OFKARNATAKA

BY ITS DIRECTORSTATE EDUCATION & TRAINING

NO 4, 100 RING ROAD,3RD CROSS BANASHANKARI LAYOUT

BANGALORE - 560085

3. THE KARNATAKA STATE SECONDARY EXAMINATIONBOARD (D.ED)

REP BY ITS SECRETARY

6TH CROSS MALLESHWARAMBANGALORE - 560003

4. THE PRINCIPAL

DISTRICT INSTITUTE OF EDUCATION RESEARCH &TRAINING (DIET) NAUBAD

BIDAR - 585402

... RESPONDENTS




DIRECT THE R-1 TO 4 TO CHANGE THE MEDIUM OF

COLLAGE FROM MARATHI MEDIUM TO HINDI MEDIUM AND

TO APPROVE THE STUDENT LIST FOR THE YEAR 2015-16

WHICH IS AT ANNEXURE-G

12

W.P. NOS.30263/2016 &30519-530/2016

BETWEEN:

1. SALMAN KHAN

S/O MATLOOB KHANAGED 18 YEARS,

OCC: D.ED STUDENT INDIAN COLLEGE BIDARR/O BIDAR-585401

2. ABDUL NAZIL

S/O ABDUL KHUDDUSAGED 19 YEARS,

OCC: D.ED STUDENT INDIAN COLLEGE BIDAR

R/O BIDAR-585401

3. TANVEER KHANS/O ABDUL KALAM

AGED 20 YEARS,OCC: D.ED STUDENT INDIAN COLLEGE BIDAR

R/O BIDAR-585401

4. MUJAMIL KHANS/O KALAM KHAN


R/O BIDAR-585401

5. ISHRATH BANO

D/O ZAKIR BAIGAGED 19 YEARS


6. SHAHRUKH KHAN

S/O MATLUB KHANAGED 20 YEARS,O


13

R/O BIDAR-585401

7. IMRAN KHANS/O LUKMAN KHAN


R/O BIDAR-585401

8. FARIS KHANS/O FAREED KHAN

AGED 19 YEAR,OCC: D.ED STUDENT INDIAN COLLEGE BIDAR

R/O BIDAR-585401

9. GULISTA KHANAM

D/O ABDUL MANNANKHANAGED 18 YEARS,


10. AAZAM KHAN

S/O ASLAM KHANAGED 20 YEARS,


11. SHABEENA BANO

D/O KALAMKHANAGED 18 YEAR,


R/O BIDAR-585401

12. SARFARAZ KHANS/O KHALEEQ KHAN

AGED 18 YEARS,OCC: D.ED STUDENT INDIAN COLLEGE

BIDAR R/O BIDAR-585401 … PETITIONERS


14

AND:


THROUGH ITS PRL SECRETARYEDUCATION DEPT MS BUILDING

BANGALORE-560 001

2. THE STATE OF KARNATAKABY ITS DIRECTOR

STATE EDUCATION & TRAININGNO.4, 100 RING ROAD, 3RD CROSS

BANASHANKARI LAYOUTBANGALORE-560 085


REP BY ITS SECRETARY6TH CROSS, MALLESHWARAM

BANGALORE-560 003


TRAINING (DIET) NAUBADBIDAR-585402

5. THE PRINCIPAL

INDIAN D.ED COLLEGEBIDAR-585401

… RESPONDENTS




QUASH THE R-4 ENDORSEMENT DTD:20.5.2016 WHICH IS

AT ANNEXURE-E DIRECT THE R-1 TO 4 TO APPROVE THE

STUDENT LIST FOR THE YEAR 2015-16 WHICH IS AT

15

ANNEXURE-C DIRECT THE RESPONDENTS TO ISSUE THE

HALL TICKET AND ALLOW THE STUDENTS TO APPEAR IN

THE EXAMINATION WHICH HELD ON 1.6.2016 AND

DIRECT THE RESPONDENTS TO DECLARE THE STUDENTS

RESULTS

W.P. NOS.30272/2016 & 30532-572/2016

BETWEEN

KARNATAKA D ED

COLLEGE BASVAKALYAN-585327

THROUGH ITS PRINCIPALSHARASCHANDRA BIRADAR

S/O PUNDILIKRAOAGE 35 YEARS

OCCUPATION PRINCIPAL KARNATAKAD.ED., COLLEGE BASVAKALYAN

RESIDENT OF K.H.B. COLONYBASVAKALYAN-5854 01

BIDAR DISTRICT

... PETITIONER

(BY SRI.JAIRAJ KASHAPPA BUKKA, ADV.)

AND

1. THE STATE OF KARNATAKATHROUGH ITS PRL SECRETARY

EDUCATION DEPT MS BUILDINGBANGALORE-560 001


BY ITS DIRECTORSTATE EDUCATION & TRAINING

NO.4, 100 RING ROAD, 3RD CROSS

16

BANASHANKARI LAYOUTBANGALORE-560085


BOARD (D.ED)REP BY ITS SECRETARY

6TH CROSS MALLESHWARAMBANGALORE-560 003

4. THE PRINCIPAL

DISTRICT INSTITUTE OF EDUCATION RESEARCH &TRAINING (DIET)

NAUBADBIDAR-585 402

... RESPONDENTS




DIRECT THE R-1 TO 4 TO CHANGE THE MEDIUM OF

COLLAGE FROM MARATHI MEDIUM TO HINDI MEDIUM AND

TO APPROVE THE STUDENT LIST FOR THE YEAR 2015-16

WHICH IS AT ANNEXURE-E AND ETC.

W.P. NOS.201891/2016 & 201965 &201966-996/2016

BETWEEN:

NOOR EDUCATION TRUSTNOOR TEACHER TRAINING INSTITUTE (D.ED)

THROUGH ITS PRINCIPALREBICA D/O RAMESH

AGED 29 YEARS,OCC: PRINCIPAL

17

R/O BIDAR

…PETITIONER(BY SRI J.K. BUKKA, ADV)

AND:


THROUGH ITS PRL. SECRETARYEDUCATION DEPT. M.S. BUILDING

BANGALORE 560 001


NO.4, 100 RING ROAD, 3RD CROSS

BANASHANKARI LAYOUTBANGALORE 560 085


BOARD (D.ED)REP BY ITS SECRETARY 6TH CROSS




… RESPONDENTS




ALLOW THIS WRIT PETITION AND ISSUE A WRIT OF

MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR

ORDER OR DIRECTION TO THE RESPONDENTSDIRECT THE

18

4TH RESPONDENT TO APPROVE THE STUDENT LIST FOR

THE YEAR 2015-16 WHICH IS AT ANNEXURE 'B1' AND 'D'

DIRECT THE 4TH RESPONDENT TO ISSUE THE HALL

TICKET AND ALLOW THE STUDENT TO APPEAR IN THE

EXAMINATION WHICH HELD ON 01.06.2016 AND DIRECT

THE RESPONDENTS TO DECLARE THE STUDENT RESULTS

PENDING DISPOSAL OF THE ABOVE WRIT PETITION,

DIRECT THE RESPONDENT TO PERMIT THEPETITIONER

STUDENT TO TAKE UP THEIR EXAMINATION WHICH IS

COMMENCING FROM 01.06.2016 TO 07.06.2016.

W.P. NOS.201997/2016 & 202001-027/2016

BETWEEN:

KARNATAKA EDUCATION SOCIETYNIGHTINGLE D.ED COLLEGE

THROUGH ITS PRINCIPALJAYAMANGALA S/O BABURAO

AGE: 38 YEARS,OCC: PRINCIPAL

R/O BIDAR

…PETITIONER

(BY SRI J.K. BUKKA, ADV)

AND:

1. THE STATE OF KARNATAKATHROUGH ITS PRL. SECRETARY

EDUCATION DEPT. M.S. BUILDINGBANGALORE 560 001


BY ITS DIRECTOR STATE EDUCATION & TRAININGNO.4, 100 RING ROAD, 3RD CROSS

19

BANASHANKARI LAYOUTBANGALORE 560 085


BOARD (D.ED)REP BY ITS SECRETARY 6TH CROSS




… RESPONDENTS




ALLOW THIS WRIT PETITION AND ISSUE A WRTI OF

MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR

ORDER OR DIRECTION TO THE RESPONDENTS DIRECT

THE 4TH RESPONDENT TO APPROVE THE STUDENT LIST

FOR THE YEAR 2015-16 WHICH IS AT ANNEXURE C1 & D

AND ETC.

W.P. NOS.28088/2016 & 28452-501/2016

BETWEEN:

AMBEDKAR TATVA EDUCATION SOCIETYBHUVANESHWARI D.ED COLLEGE BIDAR

THROUGH ITS PRINCIPAL

PRAKASH S/O DASRATAGED MAJOR

OCC: PRINCIPAL

20

R/O BIDAR-585401

…PETITIONER(BY SRI J.K. BUKKA, ADV.)

AND:



BANGALORE-560 001


STATE EDUCATION AND TRAINING

NO.4, 100 RING ROAD, 3RD CROSS,BANASHANKARI LAYOUT,

BANGALORE-560085



BANGALORE-560 003



…RESPONDENTS




QUASH THE LETTER ISSUED BY R-2 ON 24.3.2016

FORWARDED TO R-1 WHICH IS AT ANNEXURE-B DIRECT

21

THE R-1 TO 4 TO APPROVE THE STUDENT LIST FOR THE

YEAR 2015-16 WHICH IS AT ANENXURE-C

W.P. NOS.28091/2016 & 28503-552/2016

BETWEEN

GNYANGANGA EDUCATION AND SOCIAL WELFARE

SOCIETYGNYANGANGA D.ED COLLEGE THROUGH ITS PRINCIPAL

DHANAJI S/O VISHWANATHRAO RODE,AGED 36 YEARS, OCC: PRINCIPAL

R/O BASWAKALYAN, BASWAKALYAN TALUK,DISTRICT BIDAR-585401

... PETITIONER

(BY SRI J K BUKKA, ADV.)

AND



BANGALORE-560 001


STATE EDUCATION AND TRAININGNO.4, 100 RING ROAD, 3RD CROSS,

BANASHANKARI LAYOUT,BANGALORE-560085


22


BANGALORE-560 003



... RESPONDENTS




DIRECT THE R-1 TO 4 TO APPROVE THE STUDENT LIST

FOR THE YEAR 2015-16 WHICH IS AT ANNX-E IE.

MANAGEMENT QUOTA LIST AND GOVT. QUOTA LIST AND

ETC.

W.P. NOS.201757/2016 & 201941-964/2016

BETWEEN:

JASMINE EDUCATION AND CHARITABLE TRUST

JASMINE D.ED COLLEGE THROUGH ITS PRINCIPALAJAY KUMAR SHARMA S/O GOPAL KISHAN SHARMA

AGED ABOUT 36 YEARS, OCC: PRINCIPALR/O BIDAR

… PETITIONER(BY SRI J.K. BUKKA, ADV.)

AND:


THROUGH ITS PRL. SECRETARY EDUCATION DEPT.

23

M.S. BUILDING BANGALORE 560 001


NO.4, 100 RING ROAD, 3RD CROSSBANASHANKARI LAYOUT BANGALORE 560 085


BOARD (D.ED) REP BY ITS SECRETARY6TH CROSS MALLESHWARAM BANGALORE 560 003

4. THE PRINCIPAL

DISTRICT INSTITUTE OF EDUCATION RESEARCH &TRAINING (DIET) NAUBAD BIDAR 585 402

5. MS. RUBINA D/O MD. HUSAINAGED MAJOR, OCC: STUDENT

R/O BIDAR

6. SANIYA AGHA D/O RAIS AGHA A.

7. MS. VANDANA KUMARI D/O MOYHAN LAL

8. GHANSHYAM GURJAR S/O PRABHU LAL

9. MS. SUNEETA D/O BAPU LAL BHEEL

10. MOHD. IRSHAD D/O MOHD. INSAF

11. MOHD. ASIF S/O MAMTAJ ALI

12. KUM. UJAMA BEE D/O KHALIL

13. ARSHI KHAN D/O IRFAN

14. NEHA KHAN D/O AKIL KHAN

15. RIYA NAMDEO D/O SUNIL NAMDEO

24

16. VIMAL MEHTA S/O RAM RATAN MEHTA

17. SUNIL MEHTA S/O RAM RATAN MEHTA

18. DEEPENDRA SHIVHARE S/O BUDDI PRAKASH

19. DILEEP KUMAR S/O MADAN MOHAN

20. TRILOK CHAND S/O GHEESA LAL

21. BAJRANG LAL S/O LAXMI NARAYAN

22. SANTOSH KUMAR S/O SURAT LAL

23. RAM BHAJAN YADAV S/O SUSHIL KUMAR

24. SUNITA DEVI D/O SURAJ NARAYAN

25. RAM LOCHAN YADAV S/O HAR GOVIND

26. MAMTA KUMARI D/O RAM LAKHAN YADAV

27. RAJ KUMAR S/O SATYA NARAYAN

28. MAMTA KUMARI D/O VINOD YADAV

29. PREM CHAND GURJAR S/O DOLAT RAM

ALL MAJOR OCC: STUDENTS

R/O BIDAR- 585 401

(AS AMENDED BY ORDER OF HON’BLE COURT ON

28-4-16)

…RESPONDENTS


25

THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW

THIS WRIT PETITION AND ISSUE A WRIT OF MANDAMUS

OR ANY OTHER APPROPRIATE WRIT OR ORDER OR

DIRECTION TO THE RESPONDENTS DIRECT THE 4TH

RESPONDENT TO APPROVE THE STUDENT LIST FOR THE

YEAR 2015-16 WHICH IS AT ANNEXURE 'D' & 'F' AND ETC.

THESE PETITIONS COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

In this batch of cases the petitioners are asking for a

writ in the nature of mandamus against (i) Director,

DSERT (ii) the Secretary, Karnataka Secondary Education

Examination Board (D.Ed.) and (iii) the Principal, DIET,

Bidar to approve the admission of the students admitted

by the respective Colleges to D.Ed. Course for the

Academic Year 2015-16 and permit the students to appear

in the examination scheduled to be held during June, 2016

and declare the result.

2. Heard learned advocates for the petitioners

and Sri Syed Habeeb, learned AGA for the respondents and

perused the petitions.

26

3. The Colleges having the recognition of NCTE

for conducting D.Ed. Course of two years’ duration and

made the admissions for the academic year 2015-16 prior

to 25.08.2015, the last date as per the Calendar published

by the Director, DSERT, submitted the list of admissions

for approval to the Principal, DIET, Bidar. There being

delay in submission of the lists by the Colleges, approval

as sought having not been accorded, despite submission of

representations, these petitions were filed for relief.

4. Learned advocates for the petitioners did not

dispute the fact of delay in submission of list of admissions

by the respective Colleges to the Principal of DIET, Bidar.

According to them, the list(s) could not be submitted in the

stipulated manner by the Colleges within the last date, as

the verification of original documents of some of the

students, who are from outside the State of Karnataka was

undertaken, and there was delay in getting the relevant

information and also for other bona fide reasons. Learned

counsel submitted that, henceforth, the Colleges would

27

complete the admissions as per the timetable of DSERT

and seek approval by producing all the documents within

the stipulated period. Affidavits of the concerned in the

Colleges was filed, undertaking to act in terms of the

submission made, as above. Learned advocates further

submitted that even though the delay was bona fide, the

amount deposited in these petitions be treated as penalty

and the admissions of students directed to be approved, as

otherwise, innocent students who paid the admission fee

and also submitted the testimonials within last date would

suffer adverse consequences.

5. Learned AGA on the other hand contended that

there being lapse on the part of the Colleges in the matter

of sending the list of admissions on or before 25.08.2015,

there is no merit in the petitions. Learned AGA submitted

that one or the other College, out of the petitioner

Colleges, has caused delay in submission of list of

admissions, year after year and hence, the petitions may

be dismissed.

28

6. It is to be pointed out, that after hearing

learned advocates on both sides and perusal of the record,

interim orders were passed directing the respondents to

permit the students to take the D.Ed. examination for the

Academic Year 2015-16 commencing from 01.06.2016.

However, the result was directed not to be announced until

further orders. In pursuance thereof, the students have

taken the examination.

7. The duration of the Course is two years. The

students have completed the I Year Course and are

halfway through the II Year Course. It is not the case of

the respondents that there was any infrastructure

deficiency in the petitioner – Colleges for imparting of the

D.Ed. Course for the Academic Year 2015-16. The

approval of some admissions was not made only on

account of the delay in submission of the list i.e., the lists

having been submitted after the stipulated last date –

25.08.2015.

29

8. There being no dispute with regard to the list

having been submitted and the students having taken the

examination pursuant to the interim order passed in these

petitions, in my opinion, by penalising the Colleges for the

delay in the matter of submission of the admissions list,

the respondent - authority can be directed to consider the

lists and testimonials etc. submitted seeking approval of

the admissions made to the D.Ed. Course by the Colleges

for the Academic Year 2015-16. The colleges can also be

put on terms, so that there will not be default in future and

the admission / approval process gets completed strictly as

per the time table of the DSERT.

9. Identical petitions filed in W.P.

Nos.25608/2016, 256014-018/2016 and 25019-022/2016

have been allowed on 16.11.2016 and direction issued to

the authority to approve the admissions of the enlisted

students for the Academic Year 2015-16.

Having regard to the facts and circumstances noticed

supra and the order dated 16.11.2016 passed in W.P.

30

No.25608/2016 and connected cases and as the

representations submitted by the respective Colleges

during April, 2016 was not considered and decision made

known to the Colleges concerned by the competent

authority, it is ordered as follows:

Writ petitions are allowed. The Principal, DIET, Bidar

is directed to consider and approve the admission of the

enlisted students of the Colleges admitted prior to

25.08.2015 to the D.Ed. Course for the Academic Year

2015-16, if they possess the prescribed qualification and

meet the eligibility criteria for admission to the Course,

subject to the following conditions:

(i) Henceforth, the Colleges shall strictly adhere to

the Calendar of Events as may be issued by the DSERT

from time to time.

(ii) In case of violation of the undertaking submitted

by the respective Colleges in these petitions, liberty is

31

reserved to the respondents to initiate appropriate

proceedings, including contempt of court proceedings.

(iii) The delay in submission of the admissions list is

condoned by penalising the Colleges. The amount

deposited by the Colleges in these petitions is treated as

penalty and the entire deposited amount be paid by the

Registry to the Director, DSERT, Bangalore – 560 085.

(iv) The result of the examination taken by the

students be declared.

(v) Time for compliance is 45 days.

No costs.

Sd/- JUDGE

sac*

Documents

DATED THIS THE 27 TH THE HON’BLE MR. JUSTICE A.N ...judgmenthck.kar.nic.in/.../1/WP28086-16-27-01-2017.pdf · sagar s/o panditrao aged 42 years, occ: principal r/o bidar …petitioner