Allowed

Nayana Suvarna v. the State of Karnataka

Karnataka HC26 Mar 2024WP/917/2024

Case brief

AI extract

What is this about?

An order disposing of a writ petition wherein the Hon'ble Court allowed the petition and issued a mandamus directing the Karnataka State Open University to issue the petitioner's B.A. degree certificate within two months, following a similar order in a connected matter.

What did the court decide?

Mandamus directing Respondent No. 2 to issue the petitioner's B.A. degree certificate within two months from the date of receipt of the order.

Nayana Suvarna Vs the State of Karnataka — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:12549 WP No. 917 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 917 OF 2024 (EDN-RES)

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BETWEEN:

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NAYANA SUVARNA D/O LATE.VITTAL SUVARNA AGED ABOUT 38 YEARS, R/AT AJJABETTU HOUSE, NIDDODI POST AND VILLAGE, MANGALORE TALUK WORKING AS SENIOR ASSISTANT TEACHERS CO OPERATIVE BANK LTD BANTWALA TALUK DAKSHINA KANNADA DISTRICT-574211

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…PETITIONER

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(BY SRI. PRASAD HEGDE K B.,ADVOCATE)

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AND:

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Digitally signed by NARAYANAPPA LAKSHMAMMA

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Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION (UNIVERSITIES) M S BUILDING BANGALORE-560001 BY ITSELF PRINCIPAL SECRETARY

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KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTHRI MYSORE-575006 REP BY ITS REGISTRAR

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UNIVERSITY GRANT COMMISSION BAHADUR SAFAR MARG, NEW DELHI-110002 REPRESENTED BY ITS SECRETARY

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…RESPONDENTS

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(BY SRI. M.R. PATIL., AGA FOR R1;

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NC: 2024:KHC:12549 WP No. 917 of 2024

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SRI. T.P. RAJENDRAKUMAR SUNGAY .,ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE R2 TO ISSUE PETITIONER B.A. DEGREE CERTIFICATE BY HOLDING CONVOCATION AT THE EARLIEST. AND ETC.

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

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ORDER

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1. The petitioner is before this Court seeking for the following reliefs:

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a) Issue a writ in the nature of mandamus directing the R2 to issue petitioner B.A. Degree Certificate by holding convocation at the earliest, and

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b) Issue a Writ of Mandamus directing the R3 to recognize the UG Degree obtained by the petitioner from the 2^nd respondent University as in-house students admitted during the academic years 201314, as valid Degree issued under the provisions of UGC Act, and

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c) Grant such other relief’s as this Hon’ble Court deems fit to grant, in the facts and circumstances of the case including the costs, in the interests of justice and equity.

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Petitioner was admitted to the Karnataka State Open University - respondent No.2 in the academic year 20132014 for B.A. degree which she completed in the year 2015-2016. On such completion though the marks card

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NC: 2024:KHC:12549 WP No. 917 of 2024

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was issued, degree certificate was not issued by the respondent No.2. When the petitioner made enquiries relating thereto, she was informed that the University Grants Commission - respondent No.3 has directed KSOU not to issue the degree certificate since the said course was not recognized at that point of time to enable KSOU to issue conferred degree certificate. A similar lis has been decided by this Court by its order dated 03.08.2022 in W.P.No.32792/2019 and connected matters [GANGAMMA AND OTHERS -vs- KARNATAKS STATE OPEN UNIVERSITY AND OTHERS] . The operative portion of the said order reads as under:

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"(1) Issue a writ of mandamus directing the KSOU to issue marks cards and degree certificates to these petitioners, if the petitioners or such among them have undergone the courses prescribed and passed the examinations in terms of KSOU Act, 1992, statutes and ordinances framed thereunder within a period of 2 months.

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(2) Issue a writ of mandamus to State of Karnataka or KPSC, as the case may be, or to both, to consider the applications of such of the petitioners as have obtained marks cards and degree certificates in terms of (1) above for the purpose of employment under the State of Karnataka and its instrumentalities.

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(3) Issue a writ of mandamus to UGC to consider the cases of the petitioners, who have taken the courses as indicated in the writ petitions through

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4 - NC: 2024:KHC:12549 WP No. 917 of 2024

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instructions imparted by ODL and In-House System of KSOU during the Academic Years 2013-14 and 2014-15 in accordance with law after holding enquiry regarding violations of any substantial provisions of the UGC Act, 1956 and UGC Regulations, 1985, for the specific purpose of ascertaining whether KSOU has committed any infraction in imparting instructions, which has bearing on the maintenance of academic standards.

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(4) The enquiry shall be finalized within 6 weeks after giving full opportunity to KSOU to place all the necessary material before the Enquiring Committee of UGC."

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Learned counsel for the petitioner based on the above,

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submits that similar order be passed in this matter.

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I am therefore of the considered opinion that the order passed in W.P.No.32792/2019 and connected matters would equally apply up to the present case.

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As such I pass the following:

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ORDER

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i. The writ petition is allowed. A mandamus is issued directing respondent No.2 to issue the

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petitioner B.A. degree certificate if the petitioner has complied with all the requirements of the KSOU and the rules framed by KSOU.

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NC: 2024:KHC:12549 WP No. 917 of 2024

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ii. The said certificate to be issued within two

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months from the date of receipt of copy of this

order.

Sd/JUDGE

List No.: 2 Sl No.: 36

Nayana Suvarna v. the State of Karnataka

Case brief

What is this about?

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Nayana Suvarna v. the State of Karnataka

Case brief

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