Disposed

Kum Divyashree S v. Vs the State of Karnataka

Karnataka HC2 Nov 2022WP/29990/2017

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of two writ petitions by students who passed distance education courses from an unrecognised Karnataka State Open University. The Court held that petitioner marks and certificates must be considered for employment and further education, relying on a previous order in favor of students in similar circumstances.

What did the court decide?

The petitioners' marks obtained and degree certificates awarded by the respondent university to be considered for all State of Karnataka employment and further education purposes, in view of the direc

Kum Divyashree S v Vs the State of Karnataka — Education and Admissions | Karnataka HC (2022)

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WP NO.22818 OF 2017 C/W WP NO.29990 OF 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 02^ND DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.22818 OF 2017 (EDN-RES)

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C/W

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WRIT PETITION NO.29990 OF 2017

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IN WP NO.22818 OF 2017

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BETWEEN:

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SMT. SAVITHA K.R. W/O. RAMESH AGED ABOUT 27 YEARS MALALIYAMMA NILAYA, 5^TH CROSS, HEMAVATHI LAYOUT,

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K.R. PET, MANDYA DISTRICT - 571 426

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K. RADHAMMA

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C/O. A.S. VENKATESH AGED ABOUT 29 YEARS

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Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka

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NO.101, WARD NO.5, SUBASHNAGAR, K.R. PET, MANDYA DISTRICT -571 426.

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SUMATHI D.K. D/O. KARIGOWDA AGED ABOUT 26 YEARS NO.94, DODDAGADIGANAHALLI, BELLENAHALLI POST, K.R. PET,

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MANDYA DISTRICT -571 426.

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WP NO.22818 OF 2017 C/W WP NO.29990 OF 2017

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PRIYANKA. K.S. D/O. K.V. SHEKARA AGED ABOUT 29 YEARS MUTHARAYASWAMY LAYOUT, BEHIND WATER TANK, HEMAGIRI ROAD, K.R. PET, MANDYA DISTRICT -571 426.

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DEEPA. H.N. D/O. NAGARAJ H.K. AGED ABOUT 27 YEARS NO.323, 10^TH CROSS, G-BLOCK, RAMAKRISHNA NAGAR, MYSURU.

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SHRUTHI W/O. PROMOD CHAKRAVARTHI AGED ABOUT 24 YEARS BANDIHOLE VILLAGE, KASABA HOBLI, K.R. PET, MANDYA DISTRICT -571 426.

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A.M. NIVEDITHA W/O. JAIDEEP AGED ABOUT 41 YEARS NO.1561, JAIBARATH COFFEE WORKS, K.R. PET, MANDYA DISTRICT - 571 426.

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JYOTHI M. W/O. MANJUNATHA M.J. AGED ABOUT 24 YEARS MADAPURA VILLAGE, KATTEPURA POST, KONANUR HOBLI,

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WP NO.22818 OF 2017 C/W WP NO.29990 OF 2017

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ARAKALAGUDU, HASSAN DISTRICT - 573 130.

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…PETITIONERS

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(BY SRI. K.R. LINGARAJU, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION (UNIVERSITIES), M.S. BUILDING, BENGALURU - 560 001. BY ITS PRINCIPAL SECRETARY.

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UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZATUR MARG, NEW DELHI - 110 002. BY ITS SECRETARY.

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KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTHRI, MYSURU - 560 006. BY ITS REGISTRAR.

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…RESPONDENTS

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(BY SMT. PRAMODHINI KISHAN, AGA FOR R1; SRI. H. SHANTHI BHUSHAN, DSGI FOR R2; SRI. SANTHOSH S. NAGARALE, ADVOCATE FOR R3)

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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 CONSIDER PETITIONERS AS THE STUDENTS WHO HAVE OBTAINED DEGREES AWARDED BY THE RESPONDENT NO.3 UNIVERSITY FOR ALL THE EMPLOYMENTS AND FURTHER EDUCATIONS; AND ETC.

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WP NO.22818 OF 2017 C/W WP NO.29990 OF 2017

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IN WP NO.29990 OF 2017

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BETWEEN:

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KUM. DIVYASHREE S.V. D/O VEERABHADRA AGED ABOUT 23 YEARS C.P. ED. COLLEGE CAMPUS, JAYANTHINAGAR, K.R. PET ROAD, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 427.

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(BY SRI. K.R. LINGARAJU, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION (UNIVERSITIES), M.S. BUILDING, BENGALURU - 560 001. REP. BY ITS PRINCIPAL SECRETARY.

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UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZATUR MARG, NEW DELHI - 110 002. REP. BY ITS SECRETARY.

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KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTHRI, MYSURU - 560 006. REP. BY ITS REGISTRAR.

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THE REGISTRAR MYSURU UNIVERSITY, MYSURU - 570 051.

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…PETITIONER

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WP NO.22818 OF 2017 C/W WP NO.29990 OF 2017

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THE VICE CHANCELLOR (ACADEMIC) MYSURU UNIVERSITY, MYSURU - 570 051.

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SHREE SHAMBULINGESHWARA COLLEGE OF EDUCATION (B.ED.,) C.P. ED. COLLEGE CAMPUS, JAYANTHINAGAR, K.R. PET ROAD, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 427. REP. BY ITS PRINCIPAL.

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…RESPONDENTS

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(BY SMT. PRAMODHINI KISHAN, AGA FOR R1; SRI. H. SHANTHI BHUSHAN, DSGI FOR R2; SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R3 TO 5; RESPONDENT NO.6 SERVED & UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER ISSUED BY THE RESPONDENT NO.5 VIDE ANNEXURE-A IN RESPECT OF THE PETITIONER; DIRECT THE RESPONDENTS 1 TO 4 TO CONSIDER THE PETITIONER AS THE STUDENT WHO HAS OBTAINED DEGREE AWARDED BY THE RESPONDENT NO.3-UNIVERSITY FOR ALL THE EMPLOYMENTS AND FURTHER EDUCATION; AND ETC.

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Heard learned counsel appearing for the parties.

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The petitioners are the students of the distance

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education of the respondent No.3-University and have been

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WP NO.22818 OF 2017 C/W WP NO.29990 OF 2017

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granted provisional recognition by the respondent No.3University initially for a period of one year from 31^st August, 2007 and thereafter, in terms of the decision taken by the respondent No.2, the affiliation to the respondent No.3University was not recognised. However, the State Government protected the interests of students those who have admitted during the Academic year 2013-14.

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Sri. Rajendra Kumar Sungay, learned counsel appearing for the respondent-University submits that the petitioners herein are passed the relevant examinations and the marks cards and certificates have been issued in favour of the petitioners and therefore, no relief could be granted to petitioners herein. However, this Court in an identical matter with regard to protecting interests of the students therein, by order dated 03^rd August, 2022 made in Writ Petition No.32792 of 2019 and connected matters, disposed of the writ petitions observing that the marks obtained by the petitioners therein and degree certificates be considered for the purpose of employment under the State of Karnataka and its

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WP NO.22818 OF 2017 C/W WP NO.29990 OF 2017

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instrumentalities. In terms of the order passed by this Court in the aforementioned writ petitions, these writ petitions are disposed of. It is made clear that since the petitioners have studied in the respondent No.3-University which has not been recognised at the relevant point of time by the respondent No.2-University Grants Commission, however taking into account the direction issued by this Court, interest of petitioners is protected by extending the benefit that was granted by this Court in the order dated 03^rd August, 2022 in Writ Petition No.32792 of 2019 and connected matters. Accordingly, writ petitions are disposed of.

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SD/JUDGE

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ARK

Kum Divyashree S v. Vs the State of Karnataka

Case brief

What is this about?

What did the court decide?

Kum Divyashree S v. Vs the State of Karnataka

Case brief

What is this about?

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