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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2021
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.11062 OF 2020(EDN-RES)
BETWEEN
1.
PAVAN KUMAR
S/O SANTI SWARUP,
AGED ABOUT 30 YEARS,
HOUSE NO 183 STREET NO-9,
KARKARDOOMA VILLAGE,
NEAR OLD SHIV TEMPLE
DELHI 110092
2.
AMRITPAL SINGH
S/O SRI PRITPAL SINGH,
AGED ABOUT 29 YEARS,
HOUSE NO 1119/SECTOR 80,
MOHALI SAS NAGAR,
PUNJAB 140308
3.
MR ARUN
S/O RAMPHAL,
AGED ABOUT 40 YEARS,
HOUSE NO 338, NANGLOI EXTENSION,
2C, NANGLOI, DELHI 110041
4.
YOGESH SHARMA
S/O PRAKASH CHANDER
AGED ABOUT 31 YEARS,
A45, PREET VIHAR,
ROHTAK HARYANA 124001
5.
BHIMSEN G BAJANTRI
AGED ABOUT 42 YEARS,
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S/O GOVINDA BAJANTRI
QN 110M SECTOR NO 4,
PUSHPA VIHAR, NEW DELHI 110017
6.
SHALINI
D/O HARI RAM,
AGED ABOUT 26 YEARS,
HOUSE NO 294/2,
OLD DELHI ROAD,
SECTOR 14, ANAMIKA ENCLAVE,
OPPOSITE VASANT APARTMENT
GURUGRAM (HARYANA)- 122001
7.
LOKESH RAI
S/O KUNWAR SAHAB SRIVASTAVA
AGED ABOUT 29 YEARS,
GHASHIYARIPURA, BAHRAICH 271801
8.
MOHIT KHATANA
S/O RADHA KRISHAN KHATANA,
AGED ABOUT 32 YEARS,
R/O VILLAGE DHUMASPUR,
PO BADSHAHPUR SECTOR 67 A,
DISTT GURUGRAM HARYANA 122101
9.
JANMEJAYA DAS
S/O GOLENKHA CHANDRA DAS,
AGED ABOUT 26 YEARS,
AT NAYAKOTPO BADAPADA,
PS PATTAMUNDAI,
DT KENDRAPARA (ODISHA) 754245
10 .
PRATHIK P
AGED ABOUT 30 YEARS,
FLAT NO 16,
HERITAGE RESIDENCY-1,
AMBEDKAR LAYOUT, 1ST MAIN,
1ST CROSS, KAVALBYSANDRA,
SHAMPURA BENGALURU
11 .
RITISH KUKKAR
AGED ABOUT 30 YEARS
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S/O SURINDER KUMAR KUKKAR,
H NO B 462, ST NO 4 BASTI
HAZUR SINGH TEH, FAZILKA,
DT FAZILKA (PUNJAB) 152123
12 .
ANANTA RAM SAHU
S/O BAIKUNTHA SAHU,
AGED ABOUT 31 YEARS,
LOHORADABRI P O MATIA
VIA -BORDA P S KEGAON,
DT KALAHANDI STATE,
ODISHA 766036
13 .
SUHAS M
S/O MOHAN RAO T K,
AGED ABOUT 33 YEARS,
SRIKAN TIARA,
N0 67, FLAT NO 207,
2ND MAIN ROAD,
KODICHIKKANAHALLI,
BENGALURU 560076
14 .
MOHIT SRIVASTAVA
AGED ABOUT 35 YEARS,
S/O RAM PRASAD SRIVASTAVA
174, MOHALLA STATION PURWA,
KHALILABAD, SANT KABIR NAGAR
(UP) 272175
15 .
SANKALP SHARMA
S/O SATISH SHARMA,
AGED ABOUT 27 YEARS,
B 708, GANESH DARSHAN SOCIETY
BEHIND BALAJI HOSPITAL
OLD GOLDEN NEST,
MIRA BHAYANDAR ROAD,
BHAYANDAR (EAST) 401105,
THANE, MAHARASHTRA
16 .
ANKUSH SHARMA
AGED ABOUT 32 YEARS,
S/O VIJAY INDER SHARMA
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HOUSE NUMBER 1193,
VIJAY SADAN SECTOR 42B,
CHANDIGARH 160036
17 .
GULSHAN KUMAR
S/O SRI HARBIR SINGH,
AGED ABOUT 37 YEARS,
HOUSE NO 1897, F SECTOR 7C,
CHANDIGARH 160019
18 .
SIDHANT SHARMA
S/O SUNIL KUMAR SHARMA,
AGED ABOUT 26 YEARS,
FLAT NO C-502, HEX BLOX HEX 1,
PLOT NO 269, SECTOR 10,
KHARGHAR, MAHARASHTRA 410210
19 .
PRABIJYOTI
D/O RATTAN SINGH,
AGED ABOUT 29 YEARS,
VILL ALISHER
PO BHOPER SAIDAN
DT GURDASPUR 143521
20 .
RONIT MANDAL
S/O RAJENDRA MANDAL
AGED ABOUT 31 YEARS,
NO 3, FLAT 41, SHRACHI GARDEN,
251/1, N N ROAD,
DUMDUM NAGARBAZAR,
KOLKATA 700028
21 .
PRAJITH P S
S/O SUKUMAR G,
AGED ABOUT 36 YEARS,
M1405, PURVA HIGHLAND,
MALLASANDRA,
THALAGHATTAPURA,
BANGALORE 560062
22 .
SANDESH RAMAVADH CHAUHAN
S/O RAMAVADH ARJUN CHAUHAN,
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AGED ABOUT 25 YEARS,
C/O PARVATI ARJUN THAKRE CHAWLE,
NEAR MARATHI SCHOOL, NALPADA,
KAPURBAWDI, THANE (W),
MAHARASHTRA 400610
23 .
SUSHANT SADANAND NAYAK
S/O SADANAND GOVIND NAYAK,
AGED ABOUT 27 YEARS,
VASHIFLAT NO 203,
PLOT NO 23, SEC 11, NENE BUILDING
CO OPERATIVE SOCIETY,
W PANVEL (EAST) 410206,
NAVI MUMBAI, MAHARASHTRA
24 .
MENAKA SUNDARI LENKA
AGED ABOUT 30 YEARS,
C/O RES BIJUPATTANAIK NAGAR,
SAMARAIPUR, PO PRACHINAGAR,
VIA MADHAB NAGAR,
DT BHADRAK ODISHA 756181
25 .
SHISHUPAL SHARMA
S/O SORAN LAL SHARMA,
AGED ABOUT 36 YEARS,
SHOP NO K-4,
WAZIR PUR, J J COLONY,
NEAR SRI RAM MANDIR,
DELHI 110052
...PETITIONERS
(BY SMT KUMARI M, ADVOCATE)
AND
KARNATAKA STATE OPEN UNIVERSITY
MUKTHAGANGOTHRI,
MYSORE 575006,
REP BY ITS REGISTRAR
…RESPONDENT
(BY SMT KSHAMA NARAGUND, ADVOCATE)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO ISSUE DEGREE CERTIFICATES TO THE
PETITIONERS FORTHWITH AND ALSO TO VERIFY THE
EDUCATIONAL QUALIFICATION OF PETITIONERS 4 AND 18 AT
THE EARLIEST AND TO ISSUE CERTIFICATES TO THE STUDENTS
ADMITTED DURING 2012-13 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
The petitioners are Under Graduate and Post Graduate
students admitted to the respective courses during the academic
year 2008-09 to 2012-2013. In terms of the provisions made by
the respondent-Karnataka State Open University (KSOU), the
petitioners were admitted to Study Centers, which are known as
Collaborative
Institutions
of
the
respondent-University.
However, the University Grants Commission (UGC) declared that
the respondent-University could not have imparted the Under
Graduate and Post Graduate course through ‘Distance Education
Mode’ at the Study Centers or Collaborative Institutions, which
were spread across the State and outside the State.
The UGC
derecognized the courses for the academic year 2013-14. Public
Notice in this regard was issued by the UGC that the recognition
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granted to the respondent-University stands derecognized from
the academic year 2013-14, in terms of the public notice dated
16.06.2015.
In the meanwhile, the degree certificates with
respect to the other students of the year 2008-09 to 2011-12
along with the students of the academic year 2012-13 were also
not issued by the respondent-University. Thereafter, a decision
has been taken by the respondent-University to award decree
certificates to the students who have successfully completed the
degree course in collaborative institutions and are otherwise
eligible and consequently, the degree certificates have been
issued to the students up to the academic year 2011-12. The
certificates are being awarded as and when the students make
applications seeking degree certificates, if they have successfully
completed the course.
The only question remains to be
considered is with respect to the students of the academic year
2012-13.
2. During the course of this proceedings, the respondentUniversity has taken a decision and in that regard Officer Order
dated 06.03.2021, has been issued which states that the Director
of Distance Education Council has communicated that the degree
certificates
offered
by
the
respondent-University
for
the
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academic year 2012-13 stands recognized and accordingly a
decision has been taken by the respondent-University to award
degree certificates of non-technical course to the students who
have studied in the collaborative institutions. On referring to the
office
order
dated
respondent-University
06.03.2021,
submits
learned
that
the
Counsel
for
the
grievance
of
the
petitioners has been redressed at the hands of the respondentUniversity
and
therefore
nothing
further
survives
for
consideration in this writ petition.
3. At this juncture, the learned Counsel for the petitioners
submits that although a decision has been taken by the
respondent-University to award degree certificates to such of the
students who have completed the course, nevertheless, nothing
has been said about the students who have not been able to
successfully completed the entire course.
It is submitted that
the University should be conducting supplementary examinations
for the students who have not been able to complete the failed
subjects.
4. Consequently, the writ petition stands disposed of in
view of the subsequent development and the office order dated
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06.03.2021, issued by the respondent-University. However, the
respondent-University is hereby directed that a decision shall be
taken to conduct supplementary examinations to the students
who have not been able to complete the course and who have
failed in certain subjects/papers, in respect of the students who
were admitted to the academic year 2008-09 to 2012-13.
It is ordered accordingly.
Sd/JUDGE
DL