Sri Arun Kumar Mahapatra Vs Karnataka State Open University

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RELEVANT RECORDS FROM THE RESPONDENT AND DIRECT THE RESPONDENT TO ISSUE DEGREE CERTIFICATES TO THE PETITIONERS FORTHWITH DIRECT THE R-1 UNIVERSITY TO VERIFY THE EDUCATIONAL QUALIFICATION OF THE PETITIONERS AS AND WHEN SOUGHT BY THE EMPLOYERS.

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

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioners seek the following

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reliefs:

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i) Issue a writ in the nature of mandamus, directing the respondent to issue Degree Certificates to the petitioners forthwith, and;

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ii) Direct the respondent No.1 University to verify the educational qualification of the Petitioners, as and when sought by the employers, and ;

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iii) 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 interest of justice and equity.

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Heard learned counsel for the petitioners, learned counsel for the respondents and perused the material on record.

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A perusal of the material on record will indicate that the petitioners were admitted to respondent No.1Karnataka State Open University for Post Graduate Degree in M.A (Sanskrit) through academic collaborative institution and completed their final year M.A in the year 2014-15, pursuant to which the respondent No.1-KSOU

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issued provisional pass certificates in favour of the petitioners.

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It is the grievance of the petitioners that though repeated requests were made by them to issue Marks card, Degree Certificate in favour of the petitioners, the respondent No.1-KSOU did not take any steps in this regard and as such the petitioners are before this Court seeking the aforesaid reliefs by placing reliance upon a judgment of this Court in the case of Suhas.M and Others Vs. Karnataka State Open University and

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Another in W.P.No.24293/2021 dated 17.08.2022 .

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Per contra, learned counsel for the respondents

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submits that there is no merit in the petition and the same is liable to be dismissed.

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A perusal of the material on record including the aforesaid judgment in Suhas's case supra will indicate that under identical circumstances, in relation to students

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who have joined the respondent No.1-KSOU up to the academic year 2012-2013, this Court held as under:

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In this petition, the petitioners have sought for the following reliefs:-

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“ (i) Issue a writ in the nature of the mandamus, directing the respondent to issue marks cards and Degree Certificates to the petitioners forthwith, and ;

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(ii) Issue a writ in the nature of mandamus, directing the respondent No.1 to conduct the examinations of various PG/UG courses to the students admitted up till 201213 through collaborative institutions to enable them to complete their course, and;

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(iii) Direct the respondent No.1 University to verify the educational qualifications of students admitted through collaborative institutions up till the academic year 201213, as and when sought by the employers, and ;

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(iv) 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 interest of justice and equity.”

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Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.

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In addition to reiterating the various contentions urged in the Memorandum of Petition and referring to the material on record, learned counsel for the petitioners submit that despite the undisputed facts and circumstances including the directions issued by this Court in the earlier rounds of litigation in W.P.No.34255/2016, W.P.Nos.39131-160/2019 and W.P.11062/2020, the respondent No.1 – KSOU is not taking any steps to

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comply with the directions issued by this Court and as such, the petitioners are before this Court by way of the present petition.

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Per contra, learned counsel for the respondent No.1 - KSOU invites my attention to the statement of objections and documents produced by it and submits that there is no merit in the petition and the same is liable to be dismissed.

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The material on record discloses that it is an undisputed fact that the petitioners were admitted to the respondent No.1 – KSOU during the academic years 2008-09 up to 2012-13. In W.P.No.34255/2016, in relation to the right of candidates who have obtained admission up to and including the academic year 2012-13 to obtain Degree certificates, Marks cards etc., this Court held as under:-

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“ I have heard the learned counsel for the parties.

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2. Karnataka State Open University has filed this writ petition seeking for issue of a writ of mandamus directing the second respondent to consider the candidature of the students who have obtained degrees awarded by the petitioner- University for all its recruitments.

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3. The second respondent has issued a notification at Annexure – U dated 30.06.2015, inviting applications from the eligible candidates for appointment to the posts of Assistants/ First Division Assistants.

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4. The apprehension of the petitionerUniversity is that the second respondentKPSC may reject the applications of the candidates, who have obtained the degrees from the petitioner- University.

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5. Sri. Krishna S. Dixit, learned standing Counsel appearing for respondent No.3 submits that the candidates, who have joined the petitioner- University upto and including the academic session 2012- 13, their degrees

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are recognized and it is immaterial when they have actually completed the degrees.

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6. The submission of the learned counsel for respondent No.3 is consistent with the stand taken by the UGC in W.P.No. 52452/2015 and the order of this court in W.P.No. 8638/2016 dated 03.03.2016.

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7. Therefore, the second respondent is not justified in rejecting the applications of the candidates, who have obtained the degrees from the petitioner- University. It is sufficient if the candidates have joined the petitionerUniversity upto and including the academic session 2012-13 and the date of completion of the degree is immaterial. However, no opinion is expressed in relation to the validity of the degrees obtained by the students by joining the petitioner- University for the academic session 2013-14 onwards.

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8. Learned Counsel appearing for the second respondent/ KPSC submits that in view of the interim order passed by this Court, the applications of the candidates, who have obtained degrees from the petitioner / University are being considered.

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9.In view of the clarification by the UGC as above, the second respondent is directed to consider the applications of the candidates, who have joined the petitioner- University upto and including the academic year 201213 and obtained degrees for the posts of Assistants/ First Division Assistants in accordance with law. Writ petition is accordingly allowed. No costs.

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Subsequently, the petitioners and others preferred W.P.Nos.39131-39160/2019 before this Court, which were also disposed of by this Court in favour of the petitioners by holding as under:-

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“ The petitioners have sought for the following reliefs:-

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(i) Issue a writ in the nature of mandamus, directing the respondent to issue Degree Certificates to the petitioners forthwith, by holding convocation, and also to verify the educational qualification of petitioners 1 and 8 at the earliest and;

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(ii) Issue a writ of mandamus, directing the respondent to permit the petitioners 15 to 19 and 22 to complete their Undergraduate courses in their respective branches and also to direct the respondent to conduct the examinations in the said course forthwith, announce the results thereof, issue marks cards and Degree Certificates to them, and;

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(iii) 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 interest of justice and equity.”

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2. Learned Counsel for the petitioners would point out that in the identical circumstances, in W.P.No. 5050/2018 and allied matter disposed of on 09.09.2019, the cognate bench of this Court has directed the respondents to address the grievance of the students and take a decision by passing a speaking order. The petitioners being similarly situated, are entitled for the similar relief.

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3. Learned Counsel for the respondents does not dispute the same.

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4. In view of the aforesaid, the concerned respondent is directed to pass a speaking order addressing the grievance of the petitioners . In the event, the petitioners are entitled for the Degree Certificates, the concerned authority shall release the same within a period of four weeks from the date of receipt of the certified copy of the order. In the event of non-entitlement, a speaking order in that regard shall be passed and communicated to the petitioners forthwith.

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With the aforesaid observations and directions, the writ petitions stand disposed of.

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In view of the disposal of the writ petitions, I.A. No.2/2019 does not survive for consideration and the same stands disposed of. “

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So also, the petitioners and others once again approached this Court in W.P.No.11062/2020 which was also disposed of in their favour vide order dated 17.03.2021 by holding as under:-

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“The petitioners are Under Graduate and Post Graduate students admitted to the respective courses during the academic year 2008-09 to 2012-2013. In terms of the provisions made by the respondentKarnataka State Open University (KSOU), the petitioners were admitted to Study Centers, which are known as Collaborative Institutions of the respondent-University. However, the University Grants Commission (UGC) declared that the respondent-University could not have imparted the Under Graduate and Post Graduate course through ‘Distance Education Mode’ at the Study Centers or Collaborative Institutions, which were spread across the State and outside the State. The UGC derecognized the courses for the academic year 2013-14. Public Notice in this regard was issued by the UGC that the recognition granted to the respondentUniversity stands derecognized from the academic year 2013-14, in terms of the public notice dated 16.06.2015. In the meanwhile, the degree certificates with respect to the other students of the year 2008-09 to 2011-12 along with the students of the academic year 2012-13 were also not issued by the respondent-University. Thereafter, a decision has been taken by the respondent-University to award decree certificates to the students who have successfully completed the degree course in collaborative institutions and are otherwise eligible and consequently, the degree certificates have been issued to the students up to the academic year 2011-12. The

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certificates are being awarded as and when the students make applications seeking degree certificates, if they have successfully completed the course. The only question remains to be considered is with respect to the students of the academic year 2012-13.

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2. During the course of this proceedings, the respondent-University has taken a decision and in that regard Officer Order dated 06.03.2021, has been issued which states that the Director of Distance Education Council has communicated that the degree certificates offered by the respondentUniversity for the academic year 2012-13 stands recognized and accordingly a decision has been taken by the respondent-University to award degree certificates of non-technical course to the students who have studied in the collaborative institutions. On referring to the office order dated 06.03.2021, learned Counsel for the respondent-University submits that the grievance of the petitioners has been redressed at the hands of the respondent-University and therefore nothing further survives for consideration in this writ petition.

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3. At this juncture, the learned Counsel for the petitioners submits that although a decision has been taken by the respondentUniversity to award degree certificates to such of the students who have completed the course, nevertheless, nothing has been said about the students who have not been able to successfully completed the entire course. It is submitted that the University should be conducting supplementary examinations for the students who have not been able to complete the failed subjects.

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4. Consequently, the writ petition stands disposed of in view of the subsequent development and the office order dated 06.03.2021, issued by the respondentUniversity. However, the respondent-

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University is hereby directed that a decision shall be taken to conduct supplementary examinations to the students who have not been able to complete the course and who have failed in certain subjects/papers, in respect of the students who were admitted to the academic year 2008-09 to 2012-13.

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It is ordered accordingly. “

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As can be seen from the aforesaid orders passed by this Court, all students including the petitioners, who have been admitted to the respondent No.1 – KSOU up to and including the academic year 2012-13 are entitled to obtain and collect Marks cards, Degree Certificates etc., from the KSOU. So also, since the admission of all students including the petitioners up to and including the academic year 2012-13 has been upheld and confirmed by this Court, the petitioners who have not passed in certain subjects/ papers in the Examinations would also be entitled to take the supplementary exams for their respective courses. Under these circumstances, I am of the considered opinion that necessary directions are to be issued to the respondent No.1 – KSOU to issue Marks cards, Degree certificates etc., in favour of the petitioners who have passed in the Examinations and also to conduct supplementary Examinations in respect of those petitioners who have failed in certain subjects / papers.

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In the result, I pass the following:-

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ORDER

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(i) The petition is hereby allowed.

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(ii) The Respondent No.1 – Karnataka State Open University is hereby directed to issue Marks cards, Degree certificates etc., in favour of such petitioners who have successfully passed and completed their respective courses as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of a copy of this order.

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(iii) Respondent No.1 – KSOU is also hereby directed to conduct supplementary examinations in respect of such petitioners, who have not been able to complete their course and have failed in certain

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subjects / papers as expeditiously as possible in accordance with law.

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In the instant case, the material on record discloses that the petitioners got admitted to respondent No.1-KSOU for the academic year 2012-2013 and consequently, in the light of the aforesaid judgment of this Court, I am of the considered opinion that the present petition deserves to be allowed and necessary directions to respondent No.1- KSOU be issued to issue Marks Card, Degree Certificate etc. in favour of the petitioners and by issuing further directions in this regard.

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In the result, I pass the following:

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ORDER

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(i) The petition is hereby allowed .

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(ii) The Respondent No.1 – Karnataka State Open University is hereby directed to issue Marks cards, Degree certificates etc., in favour of such petitioners who have successfully passed and completed their respective courses as expeditiously as possible and at any rate within

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a period of four weeks from the date of receipt of a copy of this order.

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(iii) Respondent No.1 – KSOU is also hereby directed to conduct supplementary examinations in respect of such petitioners, who have not been able to complete their course and have failed in certain subjects / papers as expeditiously as possible in accordance with law.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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NS CT:TSM List No.: 1 Sl No.: 27

Sri Arun Kumar Mahapatra v. Karnataka State Open University

Case brief

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Sri Arun Kumar Mahapatra v. Karnataka State Open University

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