Allowed

The Principal and Ors. v. the State of Karnataka and Ors.

Karnataka HC29 Oct 2022WP/225569/2020

Case brief

AI extract

What is this about?

High Court quashed the impugned order denying result declaration to ITI student representatives. Disposed of writ petition directing Director/Commissioner to declare results for candidates appearing in 2015-2017 within four weeks, citing violation of Article 14 principles if denied.

What did the court decide?

Directing the Director/Commissioner, Dept. of Employment and Training, to declare results of examinations held between 2015-2017 for petitioners' students within four weeks.

The Principal and Ors. Vs the State of Karnataka… — Education and Admissions | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH

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DATED THIS THE 29^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON’BLE MR.JUSTICE R. DEVDAS

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WRIT PETITION No.225569/2020 (EDN-EX)

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BETWEEN:

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THE PRINCIPAL

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SRI. BASAVAJYOTI PVT. ITI KODEKAL, TQ. SHORAPUR, DIST. YADGIR.

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THE PRINCIPAL SRI. SAINATH PVT. ITI, NARAYANAPURA, TQ. SHORAPUR, DIST. YADGIR.

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THE PRINCIPAL SRI. SAI PVT. ITI KAKKERA, TQ. SHORAPUR, DIST. YADGIR.

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… PETITIONERS

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(BY SRI K.M. GHATE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF EMPLOYMENT AND TRAINING, VIKAS SOUDHA, BENGALURU-01.

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THE COMMISSIONER

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DEPT. OF EMPLOYMENT AND TRAINING, KAUSHALYA BHAVANA, NEAR DAIRY CIRCLE, BANNERGHATTA ROAD, BENGALURU-560029.

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THE JOINT DIRECTOR (TRAINING) GOVERNMENT OF KARNATAKA KAUSHALYA BHAVANA BANNERGHATTA ROAD, NEAR DAIRY CIRCLE, HOSUR ROAD, BENGALURU-560029.

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THE STATE COUNCIL FOR REPRESENTED BY ITS DEPUTY DIRECTOR, VOCATIONAL TRAINING NO.12, KAUSHALYA BHAVANA BANNERGHATTA ROAD, NEAR DAIRY CIRCLE, HOSUR ROAD, BENGALURU-560029.

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THE JOINT DIRECTOR DEPARTMENT OF EMPLOYMENT AND TRAINING, KALABURAGI DIVISION KALABURAGI-585101.

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… RESPONDENTS

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(BY SMT. MAYA T.R., HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE SECOND RESPONDENT ON 14.02.2020 IN FILE NO.PÉÊvÀG/vÀ/¸ÀA-3/«ªÀ71/2018-19 VIDE ANNEXURE-A AND DIRECT THE RESPONDENTS TO ANNOUNCE THE RESULTS OF THE STUDENTS AND ISSUE MARKS CARD OF THE STUDENTS OF THE PETITIONER COLLEGES.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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R. DEVDAS J., (ORAL):

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Learned counsel for the petitioners submits that

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the petitioners are not pressing prayer No.1 since admittedly, the petitioner-institutions which were running the Industrial Training Institute Course have been closed down. However, learned counsel for the petitioners submits that the second prayer pertains to announcing the results of the students who had appeared for the examinations between the year 2015 and 2017. In this regard, learned counsel had submitted that results of all such students in some of

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the institutions who were similarly situated have been considered and the results have been announced and therefore, the same benefit should be given to the students belonging to the petitioners-institutions at the relevant point of time. Therefore, learned High

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Court Government Pleader was directed to secure instructions in this regard.

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Learned High Court Government Pleader has filed a memo for production of additional documents and along with the memo, three documents have been produced. One of the documents is copy of the order dated 06.02.2020 passed by the Hon’ble Division Bench in W.A.Nos.200083-200087/2019. Learned High Court Government Pleader submits that the Hon'ble Division Bench had taken note of the communication dated 13.01.2020 made by the Principal Secretary, Department of Employment and Training, addressed to the Commissioner, Directorate of Employment and Training, to announce the results of such of the students who had taken up examinations between 2015 and 2017. Learned High Court Government Pleader submits that it is only to comply with the

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directions issued by the Hon'ble Division Bench, the results of the students belonging to the petitionerinstitution therein were announced. However, subsequently, by Government Order dated 30.06.2022, the Government directed that the benefit

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of such declaration of results should not be taken as a matter of precedent.

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In the considered opinion of this Court, if the students of the petitioners-institutions are similarly situated to those students belonging to the appellants before the Hon'ble Division Bench in W.A.Nos.200083-200087/2019, then, merely by stating that the benefit given to such students should

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not be taken as a matter of precedent, the Government cannot deny the benefit to the students belonging to the petitioners-institutions. If the directions flowing from the subsequent Government Order dated 30.06.2022 is given effect to, it would

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clearly be in violation of principles of equality enshrined in Article 14 of the Constitution of India.

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Consequently, the writ petition stands disposed of with a specific direction to the Director/Commissioner, Department of Employment and Training, to declare results of the examinations of the students belonging to the petitioners-institutions which were taken up in the year 2015 to 2017. The results shall be declared as expeditiously as possible and at any rate, within a period of four weeks from the date of receipt of a copy of this order.

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Ordered accordingly.

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Sd/JUDGE

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NB*

The Principal and Ors. v. the State of Karnataka and Ors.

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The Principal and Ors. v. the State of Karnataka and Ors.

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