Disposed

Pratik S/O Shripad Kulkarni,Rep. by Her Mother Smt. Akanksha W/O Shripad Kulkarni v. the State of Karnataka

Karnataka HC2 Sept 2024WP/104592/2024

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition via oral order. Directing the Director of Technical Education to consider the petitioner's pending representation regarding IV semester exam eligibility due to COVID-19. The petitioner must receive the outcome within four weeks.

What did the court decide?

Directing the respondent to consider the petitioner's representation, verify entitlement for result declaration per Annexure-C, and pass an order within four weeks.

Pratik S/O Shripad Kulkarni,Rep. by Her Mother… — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:12605 WP No. 104592 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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WRIT PETITION NO.104592 OF 2024 (EDN-RES)

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BETWEEN:

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PRATIK S/O. SHRIPAD KULKARNI, REPRESENTED BY HER MOTHER SMT. AKANKSHA W/O. SHRIPAD KULKARNI, AGE: 52 YEARS, OCC: HOUSEHOLD, R/O: GANESH PARK ‘C’ WING, 205 BHAGYANAGAR, BELAGAVI, DIST: BELAGAVI – 590 006.

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…PETITIONER

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(BY SRI RAGHAVENDRA A. PUROHIT, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COLLEGE AND TECHNICAL EDUCATION TANTRIKA SHIKSHANA BHAVAN, PALACE ROAD, BENGALURU – 560 001.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka

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THE DIRECTOR/COMMISSIONER, DEPARTMENT OF TECHNICAL EDUCATION, PALACE ROAD, BENGALURU – 560 001.

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THE PRINCIPAL, VASANTRAO POLYTECHNIC COLLEGE, KLS CAMPUS, TILAKWADI, BELAGAVI – 590 006.

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…RESPONDENTS

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(BY SRI P.N.HATTI, HCGP FOR R1 AND R2; SRI GANGADHAR HOSAKERI, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO ISSUE A 4^TH SEMESTER MARKS CARD, BY ACTING UPON THE COMMUNICATION MADE BY THE RESPONDENT NO.3 AT ANNEXURE-E VIDE LETTER BEARING NO.KLS/VPP/OPP/2023-24/136, DATED

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2 - NC: 2024:KHC-D:12605 WP No. 104592 of 2024

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22/07/2023. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION VIDE ANNEXURE-F, DATED 16-08-2023 AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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Seeking writ for mandamus, directing respondent no.2 to consider petitioner’s representation at Annexure-F, dated 16.08.2023 for purpose of declaration of result and issue marks card of IV semester Diploma in Computer Science, to which petitioner had got admitted to, this writ petition is filed.

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Sri Raghavendra Purohit, learned counsel for petitioner submitted that petitioner had got admitted to Diploma in Computer Science Course in 3rd respondent Institution and completed his course in month of March-2023. It was submitted, examination for IV semester was conducted 2020-2021, while petitioner was under treatment for COVID2019. Due to said illness, he was unable to appear for exams. It was submitted as per Official Memorandum, issued by Commissioner of Technical Education, dated 13.07.2020 at Annexure-C, results of Diploma exams for academic year 2019-2020 was to be declared on basis of internal assessment

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3 - NC: 2024:KHC-D:12605 WP No. 104592 of 2024

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marks. Said benefit was not granted to petitioner, insofar as IV semester exams. Therefore, he submitted representation dated 16.08.2023 at Annexure-F. Despite receipt of same, respondent no.2 had not considered it. Therefore, present writ petition is filed.

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On other hand, Sri P.N.Hatti, learned HCGP for respondents no.1 and 2 sought to oppose writ petition. It was however submitted, in case, petitioner is eligible as per Official Memorandum at Annexure-C and his representation at Annexure-F is not already disposed of, same would be considered, in accordance with law within reasonable time.

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Heard learned counsel and perused petition record.

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From above, petitioner having been admitted to Diploma in Computer Science at respondent no.3 Institution is not in dispute. Petitioner claims to have missed IV semester exams due to COVID-2019 ailment and claims to be eligible for benefit of declaration of result as per paragraph no. 4 of Official Memorandum at Annexure-C, for which he had submitted a representation at Annexure-F. Since, only relief sought is for writ of mandamus and petitioner’s representation at Annexure-

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4 - NC: 2024:KHC-D:12605 WP No. 104592 of 2024

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F appears to be pending, Writ Petition is disposed of directing respondent no.2 to consider petitioner’s representation at Annexure-F, verify whether petitioner is entitled for benefit of declaration of result of IV semester as per Annexure-C and thereafter, pass appropriate order or endorsement within an outer limit of four weeks from date of receipt of certified copy of order.

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Needless to state that result of consideration requires to be informed to petitioner.

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Sd/(RAVI V.HOSMANI) JUDGE

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VB CT-ASC List No.: 1 Sl No.: 50

Pratik S/O Shripad Kulkarni,Rep. by Her Mother Smt. Akanksha W/O Shripad Kulkarni v. the State of Karnataka

Case brief

What is this about?

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Pratik S/O Shripad Kulkarni,Rep. by Her Mother Smt. Akanksha W/O Shripad Kulkarni v. the State of Karnataka

Case brief

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