National Human Rights and Social Justice Forum v. State of Karnataka

Karnataka HC7 Aug 2025WP/16534/2025

Case brief

AI extract

What is this about?

High Court of Karnataka PIL WP No. 16534 of 2025 (EDN-RES-PIL); uniform college attendance criteria and exam eligibility; judicial non-interference in educational policy; mandamus refused; withholding of original 10th/12th marks cards by colleges; individual grievance to be examined on facts; Student Grievance Redressal Committees (SGRC); University Grant Commission; Karnataka State Higher Education Council; Ministry of Education; State of Karnataka; writ petition disposed.

What did the court decide?

None; petition disposed of with observations declining interference in educational policy and declining directions on general marks-card allegations. ¶¶54

National Human Rights and Social Justice Forum Vs… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

None; petition disposed of with observations declining interference in educational policy and declining directions on general marks-card allegations.

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Issue for consideration

Whether the Court should direct constitution of a High-Powered Committee to review and regulate attendance criteria for examination eligibility, relax attendance criteria to not more than 50%, make attendance criteria uniform across all colleges, and curtail the discretionary power vested with university administration. +3 more

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Court's answer

The question of attendance of students is a matter of policy; the Court does not consider it apposite to interfere in matters relating to educational policy, and accordingly declines to direct a uniform or relaxed attendance criterion.

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Ratio / Principle

The Court declines to issue directions on general allegations of colleges not returning original 10th/12th marks sheets; if any particular student is aggrieved by non-return of marks sheets by a college, the case would be examined on the given set of facts in accordance with law.

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Detailed headnote1 paragraphs

Public interest writ petition (WP No. 16534 of 2025, EDN-RES-PIL) under Articles 226 and 227 of the Constitution by National Human Rights and Social Justice Forum seeking mandamus to (i) constitute a High-Powered Committee to review and regulate attendance criteria for exam eligibility, relax attendance to not more than 50%, and make attendance criteria uniform across colleges while curtailing university administrations' discretion; (ii) direct the Third Respondent (University Grant Commission) to circularise that colleges cannot withhold original 10th/12th marks cards and provide grievance redressal contacts; (iii) require affiliated institutions to form and effectuate Student Grievance Redressal Committees (SGRC); and (iv) create district-wise independent regulatory bodies on the RERA model. Held (per Vibhu Bakhru, Chief Justice): attendance of students is a matter of policy and the Court will not interfere in matters relating to educational policy; no directions can issue on general allegations of non-return of original marks sheets — an aggrieved individual student's case would be examined on its own facts in accordance with law. The remaining prayers were not separately dealt with. Petition disposed of with these observations. Coram: Vibhu Bakhru, CJ and C M Joshi, J.

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NC: 2025:KHC:30747-DB WP No. 16534 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF AUGUST, 2025

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PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 16534 OF 2025 (EDN-RES-PIL)

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BETWEEN:

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NATIONAL HUMAN RIGHTS AND SOCIAL JUSTICE FORUM BEARING REG NO.198/2020-21 PH NO.9538156381 EMAIL ID: WWW.NHRASF.IN

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REPRESENTED BY ITS SECRETARY SRI BHARATH RAJ REDDY S/O. MR. RAMESH AGED ABOUT 26 YEARS

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Digitally signed by SRIDEVI S Location: High Court of Karnataka

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OFFICE ADDRESS, 54/A, THIMMAIAH ROAD BLOCK 2, 3^RD STAGE BASAVESHWAR NAGAR BENGALURU KARNATAKA - 560 079.

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…PETITIONER

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(BY SRI VARSHITH REDDY B.,ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY,

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NC: 2025:KHC:30747-DB WP No. 16534 of 2025

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HC-KAR

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DEPARTMENT OF HIGHER EDUCATION ROOM NO. 611, 6^TH FLOOR, GATE NO.2 M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 KARNATAKA.

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KARNATAKA STATE HIGHER EDUCATION COUNCIL 30, PRASANNA KUMAR BLOCK BANGALORE CENTRAL UNIVERSITY CAMPUS, Y RAMACHANDRA ROAD GANDHINAGARA, BENGALURU KARNATAKA - 560 009.

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UNIVERSITY GRANT COMMISSION BAHADUR SHAH ZAFAR, MARG, ITO METRO GATE NO.3 ROAD, NEW DELHI DELHI - 110 002.

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MINISTRY OF EDUCATION 302-C, SHASTRI BHAVAN, DR. RAJENDRA PRASAD ROAD RAJPATH AREA CENTRAL SECRETARIAT NEW DELHI, DELHI - 110 001.

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R-1 & 2 AND SRI B. PRAMOD, CGC ALONG WITH SRI SHANTI BHUSHAN, DGSI FOR R-3 & 4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE RESPONDENT AUTHORITIES TO CONSTITUTE A HIGH-POWERED COMMITTEE TO REVIEW AND REGULATE ATTENDANCE

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3 - NC: 2025:KHC:30747-DB WP No. 16534 of 2025

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HC-KAR

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CRITERIA WITH REGARDS TO EXAM ELIGIBILITY AND RELAX THE ATTENDANCE CRITERIA TO NOT MORE THAN 50 PERCENT OR LESS TO LET STUDENTS GROW HOLISTICALLY AND MAKE THE ATTENDANCE CRITERIA SAME FOR EVERY COLLEGE AND CURTAIL THE DISCRETIONARY POWER VESTED WITH THE UNIVERSITY ADMINISTRATION & ETC.

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

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CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI

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ORAL ORDER

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(PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE)

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The petitioner has filed the present petition, inter alia, praying as under.

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i. Issue a writ of Mandamus or any other appropriate writ, order, or direction to the Respondent Authorities to constitute a High-Powered Committee to review and regulate attendance criteria with regards to exam eligibility., and relax the attendance criteria with regards to exam eligibility., and relax the attendance criteria to not more than 50 percent or less to let students grow holistically and make the attendance criteria same

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NC: 2025:KHC:30747-DB WP No. 16534 of 2025

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HC-KAR

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for every college and curtail the discretionary power vested with the University Administration.

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ii. In the alternative, issue a writ of Mandamus or any other appropriate writ order or direction to the Third Respondent to issue a circular with immediate effect to put up a public notice in a manner visible to very students in the vicinity of the admission department of every college indicative of the fact that colleges cannot withheld or take 10^th and 12^th Original Marks cards of the students for admission and also provide for a Grievance redressal contact Number in the form of notice guiding students to register a complaint with the Second Respondent on account of withholding the marks cards.

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iii. In the alternative, issue of writ of Mandamus or any other appropriate writ order or direction to institutions affiliated under the Second Respondent to strictly form and effectuate STUDENT GRIEVANCE REDRESSAL COMMITTEES (SGRC) and to provide acknowledgment online/offline on account of Complaints registered by the Students on account of grievances regarding revaluation, unjust behaviour by faculty, arbitrary/unfair treatment in awarding marks and other unjust issues faced by Students. Appropriate actions taken by the

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5 - NC: 2025:KHC:30747-DB WP No. 16534 of 2025

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HC-KAR

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committee should be recorded and made accountable.

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iv. To grant an order to form committee/Independent Regulatory body free from the influence of University administration, for every district to implement the guidelines of the second respondent and to take action against the institutions on account of Non-compliance of the same and as a last resort for addressing serious grievances/injustices faced by Students from the administration i.e., similar to that of RERA.

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v. Grant such other reliefs as may be just, in the interest of justice and equity."

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The learned counsel for the petitioner submits that different universities have different attendance criteria. He submits that whilst some universities are permitting the students to clear examination with zero attendance, others insist on 85% attendance. He submits that the uniform criteria is required to be implemented.

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The question of attendance of students is a matter of policy and we do not consider it apposite to interfere in matters relating to educational policy.

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6 - NC: 2025:KHC:30747-DB WP No. 16534 of 2025

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HC-KAR

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The learned counsel for the petitioner also submits that there are certain students who are not being returned their 10^th or 12^th original marks sheets by the colleges, in the event they want to abandon their courses midstream. He submits that although there is a clear requirement that the original mark sheets would not be withheld, the same is violated.

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We do not consider it apposite to issue any directions on such general allegations. Needless to state, that if any particular student is aggrieved by non-return of the 10^th and 12^th marks sheets by any college, the case would be examined on the given set of facts in accordance with law.

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The petition is accordingly disposed of with the aforesaid observations.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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Sd/(C M JOSHI) JUDGE

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List No.: 1 Sl No.: 5

National Human Rights and Social Justice Forum v. State of Karnataka

Case brief

What is this about?

What did the court decide?

National Human Rights and Social Justice Forum v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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