The Division Bench dismissed the writ appeal filed by Karnataka State Open University against an order directing the University to issue a Degree Certificate to a petitioner within eight weeks. The court held the challenge was meritless.
Writ appeal dismissed; original order of the Single Judge allowing the petition is upheld.
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NC: 2024:KHC:33782-DB WA No. 1116 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT APPEAL No. 1116 OF 2024 (EDN-RES)
BETWEEN:
…APPELLANT
(BY SRI RAJENDRA KUMAR SUNGAY T. P., ADVOCATE)
AND:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
…RESPONDENTS
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 20/06/2024 PASSED IN WP 11399/2024 BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND DISMISS THE SAID WRIT PETITION BY ALLOWING THIS WRIT APPEAL.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K V ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. T.P. Rajendra Kumar Sungay
for the appellant-Karnataka State Open University.
respondent No.1-University, the appellant herein, shall issue the Degree Certificate to the petitioner within eight weeks.
3.1 It was the specific case of the petitioner that she studied the said course, passed the written examination and obtained the degree. It appears that the petitioner has not received the Degree Certificate notwithstanding her post graduation degree. She made an application for issuance of Degree Certificate by paying necessary fees on 20.02.2024. It was further stated that in the meantime, the petitioner was successfully appointed for the post of Assistant Professor, Department of Master of Computer Applications, VTU’s PG Centre, Muddenahalli on 29.01.2014,
pending availability of the certificate. Even after long time, the petitioner had not received the Degree Certificate. Therefore, the petition was filed.
behalf of the University Grants Commission about issuance of the Degree Certificate in the next convocation and directed the University to issue the Degree Certificate within the stipulated time, no error could be booked from any standpoint in the order of learned Single Judge. The challenge thereto is meritless.
In view of dismissal of the appeal, pending interlocutory
application does not survive for consideration and the same is disposed of.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/(K. V. ARAVIND) JUDGE
MV
List No.: 1 Sl No.: 17
2 issues framed by the court
Whether the single judge committed any error in directing the University to issue the Degree Certificate within eight weeks.
Whether the University's failure to issue the Degree Certificate to the petitioner for a long time was justified.
Karnataka State Open University
Smt. Kanta D. Devangavi
The Chairman, University Grants Commission
N. V. ANJARIA
K. V. ARAVIND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
