Single Judge dismissed two writ petitions filed by B.Ed. students after the Division Bench recorded a finding that their college operated without affiliation. The court held no grounds to entertain petitions following the Division Bench's order allowing the University to lodge FIRs.
Writ petitions dismissed; IA No. 2/2020 disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER 2021
BEFORE
THE HON’BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.2790 OF 2020 (EDN-EX) C/W WRIT PETITION NO.2777 OF 2020
IN W.P.2790/2020
BETWEEN:
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ALL ARE STUDYING AT: GKM COLLEGE GKM EDUCATION INSTITUTION TRUST (R) 23/2, 23/5, GKM, COLLEGE ROAD J.P. NAGAR POST, BENGALURU SOUTH TALUK BENGALURU - 560 078.
….PETITIONERS
(BY SRI. AMAN N.L., ADVOCATE FOR SRI. D. R. RAVISHANKAR, ADVOCATE)
AND:
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... RESPONDENTS
(BY SRI. D. ASWATHAPPA, ADVOCATE FOR R-1 SRI. NAVEEN GUDIKOTE. S, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING TO ISSUE MARKS CARDS/CERTIFICATES TO PETITIONERS WHO HAVE UNDERTAKEN 1st AND 2nd SEMESTER EXAMS (BACHELOR OF EDUCATION) AND IN THE ALTERNATIVE TO CONSIDER THE REPRESENTATION DATED 17.01.2020 BY RESPONDENT No.1- BANGALORE UNIVERSITY AT ANNEXURE-E.
IN W.P.2777/2020
BETWEEN:
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ALL ARE STUDYING AT GKM COLLEGE GKM EDUCATION INSTITUTION TRUST (R) 23/2, 23/5, GKM COLLEGE ROAD J.P. NAGAR POST BENGALURU SOUTH TALUK BENGALURU – 560 078.
….PETITIONERS
(BY SRI. AMAN N.L., ADVOCATE FOR SRI. D. R. RAVISHANKAR, ADVOCATE)
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AND:
... RESPONDENTS
(BY SRI. D. ASWATHAPPA, ADVOCATE FOR R-1 SRI. NAVEEN GUDIKOTE. S, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO ISSUE MARKS CARDS/CERTIFICATES TO PETITIONERS WHO HAVE UNDERTAKEN 1 AND 2 SEMESTER B.Ed. EXAMS AND ALTERNATIVE, R-1 BANGALAORE UNIVERSITY TO CONSIDER THE REPRESENTATION DATED 17.01.2020 AT ANNEXURE-E.
THESE WRIT PETITIONS COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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O R D E R
The petitioners have filed these writ
petitions seeking for a mandamus directing respondent No.1 to issue marks cards/certificates to the petitioners who have undertaken 1st and 2nd semester B.Ed. Examinations or in the alternative to issue direction to respondent No.1 to consider the representation dated 17.1.2020 vide Annexure-E.
The petitioners were admitted for B.Ed. course which is of two years consisting of four semesters. Admission of the petitioners was approved by respondent No.1-University and they were permitted to take 1st semester exam held during the month of April 2019. However,
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due to some misconception between the NCTE and the college, respondent No.1-University is withholding grant of affiliation to respondent No.2-Institution. Respondent No.1 had sought to withdraw renewal of affiliation for the academic year 2018-19 and also withheld the results of the petitioners of the 1st semester B.Ed. exams for the academic year 2018-19. However, the petitioners were permitted to take 1st and 2nd semester examinations conducted by respondent No.1-University and that results have been withheld by the University and marks card/certificates have not yet been issued. Hence, these writ petitions.
and also learned counsel for respondents No.1 and 2.
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writ petition in W.P.No.30208/2019 before this Court. This Court vide order dated 30.11.2020 dismissed the writ petition filed by respondent No.2. The petitioners herein have also sought for
an interim order in the instant writ petitions. This Court vide order dated 20.2.2020 and 28.9.2020 rejected the interim prayer sought for
by the petitioners. The petitioners aggrieved by the order passed by this Court on 28.9.2020 preferred writ appeal in W.A.No.494/2020 c/w other appeals. The Division Bench of this Court vide order dated 6.3.2021 dismissed the writ appeals. While dismissing the writ appeals, the Division Bench of this Court has recorded a finding which reads as under :
“11. The students shall be certainly free to take appropriate steps
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for grant of compensation as their precious time has been wasted on account of the fraud played by the Institute by projecting itself as affiliated with the Bangalore University.
12. In the present case, as the Institute has not been recognized nor affiliated to the University and therefore the University is certainly not at all under an obligation to issue any marks sheet or to conduct any examination. The University is also not under an obligation in issuing any Degree specially in the light of the fact that the Institute is not affiliated to the University at all.
13. Learned counsel for the University has also informed this Court that in the Township of Bengaluru and also in other places in the State of Karnataka which are under the jurisdiction of the Bangalore University,
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large number of colleges are admitting the students without there being recognition by the expert bodies and without there being affiliation from the Bengaluru University or any other University constituted under the Karnataka State Universities Act, 2000. He has stated that so called educational institutions are playing with the future of young children and therefore, liberty be granted to the University to lodge FIR against all such Institutes who are admitting students without there being any affiliation and without there being any recognition from the University.
14. In the considered opinion of this Court, the prayer made by the learned counsel is genuine and reasonable prayer and therefore, in the larger public interest, the University shall be free to lodge FIR in respect of all such Institutes which are admitting the students without there being affiliation
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and without there being any recognition.
15. Writ petition No.s2790/2020 and 2777/2020 be sent back to the concerned Court for passing orders in accordance with law.
16. In terms of the order passed in W.A.No.167/2020, the connected writ appeals i.e., WA Nos.495/2020 and 494/2020 stand dismissed.
No orders as to costs.
Pending IAs., if any, stand disposed of.
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recorded a finding that the petitioners are at liberty to take appropriate steps for grant of compensation as their precious time has been wasted on account of the fraud played by respondent No.2 by projecting itself as affiliated with the Bengaluru University.
not find any grounds to entertain the writ petitions. Accordingly, the writ petitions are dismissed.
In view of the disposal of the writ petitions,
IA No.2/2020 does not survive for consideration.
SD/JUDGE
rs
3 issues framed by the court
Whether the learned Single Judge should entertain the writ petitions seeking direction to issue marks cards after the Division Bench observed fraud by the college?
Whether the Division Bench order recording finding of fraud and liability for compensation mandates further directions by the Single Judge?
Whether the University is liable to issue marks cards or degree when the college was not affiliated or recognized at the time of admission?
Colour shows how this judgement treated each authority
Writ petition filed by Respondent No. 2Referred¶253
W.P. No. 30208/2019
Dismissal of W.P. No. 30208/2019Applied¶253
order dated 30.11.2020
Writ appeals by petitionersReferred¶253
W.A. No. 494/2020 & others
Division Bench order dismissing writ appealsApplied¶253
order dated 6.3.2021
Connected writ appealReferred¶267
W.A. No. 167/2020
Amina Khatoon & others
AJITH K & others
Bangalore University
GKM College
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
