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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2017
B E F O R E
THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
WRIT PETITION NOS.28086/2016 & 29462-71/2016(EDN-EX)
C/WWRIT PETITION NOS.28087/2016 & 28564-613/2016
C/W
WRIT PETITION NOS.28089/2016 &28742-791/2016C/W
WRIT PETITION NOS.28090/2016 &28672-28721/2016C/W
WRIT PETITION NOS.30257/2016 &30402-411/2016C/W
WRIT PETITION NOS.30258/2016 & 30352-401/2016C/W
WRIT PETITION NOS.30263/2016 &30519-530/2016C/W
WRIT PETITION NOS.30272/2016 & 30532-572/2016C/W
WRIT PETITION NOS.201891/2016 & 201965 &201966-996/2016
C/W
WRIT PETITION NOS.201997/2016 & 202001-027/2016C/W
WRIT PETITION NOS.28088/2016 & 28452-501/2016C/W
WRIT PETITION NOS.28091/2016 & 28503-552/2016C/W
WRIT PETITION NOS.201757/2016 & 201941-964/2016
2
W.P.NOS.28086/2016 & 29462-71/2016
BETWEEN:
SRI PRAKASH AMBEDKAR EDUCATION SOCIETYRAJALATH D.ED COLLEGE THROUGH ITS PRINCIPAL
VISHWANATH S/O SHARNAPPA,AGED ABOUT 58 YEARS,
OCC: PRINCIPAL,R/O. BIDAR 585401
…PETITIONER
(BY SRI. J.K. BUKKA, ADV)
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS PRL. SECRETARYEDUCATION DEPT. M.S. BUILDING
BANGALORE 560 001
2. THE STATE OF KARNATAKABY ITS DIRECTOR STATE EDUCATION & TRAINING
NO.4, 100 RING ROAD, 3RD CROSSBANASHANKARI LAYOUT
BANGALORE 560 085
3. THE KARNATAKA STATE SECONDARY EXAMINATIONBOARD (D.ED)
REP BY ITS SECRETARY 6TH CROSS
MALLESHWARAM BANGALORE 560 003
4. THE PRINCIPALDISTRICT INSTITUTE OF EDUCATION RESEARCH &
TRAINING (DIET) NAUBAD BIDAR 585 402
… RESPONDENTS
3
(BY SRI A. SYED HABEEB, AGA)
THESE PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ALLOW THIS WRIT PETITION DIRECT R-4 TO APPROVE
THE STUDENT LIST FOR THE YEAR 2014-15 AT ANNEX-C &
E DIRECT R-4 TO ISSUE THE HALL TICKET AND ALLOW
THE STUDENT TO APPEAR IN THE EXAMINATION WHICH
HELD ON 01.06.2016 & DIRECT RESPONDENTS TO
DECLARE THE STUDENT RESULTS.
W.P. NOS.28087/2016 & 28564-613/2016
BETWEEN:
VIKRAMADITYA EDUCATION SOCIETY
SAI D.ED COLLEGE HALLIKHED (B)
THROUGH ITS PRINCIPALSRIKANTH S/O LAXMAN
AGED MAJOR, OCC: PRINCIPALR/O BIDAR
…PETITIONER(BY SRI J.K. BUKKA, ADV.)
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS PRL. SECRETARY,EDUCATION DEPT MS.BUILDING,
BANGALORE-560 001
2. THE STATE OF KARNATAKA
BY ITS DIRECTOR,STATE EDUCATION AND TRAINING
NO.4, 100 RING ROAD, 3RD CROSS,BANASHANKARI LAYOUT,
4
BANGALORE-560085
3. THE KARNATAKA STATE SECONDARYEXAMINATION BOARD (D.ED)
REP BY ITS SECRETARY,6TH CROSS, MALLESHWARAM,
BANGALORE-560 003
4. THE PRINCIPALDISTRICT INSTITUTE OF EDUCATION RESEARCH AND
TRAINING (DIET) NAUBAD,BIDAR-585402
…RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ALLOW THIS W.P. QUASH THE LETTER ISSUED BY R-2 ON
8.3.2016 FORWARDED TO R-1 VIDE ANNEXURE-B DIRECT
THE R-1 TO 4 TO APPROVE THE STUDENT LIST FOR THE
YEAR 2015-16 VIDE ANNEXURE-C.
W.P. NOS.28089/2016 &28742-791/2016
BETWEEN:
AL-NOOR CHARITABLE TRUSTMJA D.ED COLLEGE THROUGH ITS PRINCIPAL
MANIKRAO S/O SAMBANNA METREAGED 39 YEARS,
OCC: PRINCIPALR/O BIDAR-585401
5
…PETITIONER(BY SRI J.K.BUKKA, ADV.)
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS PRL SECRETARYEDUCATION DEPT, MS BUILDING
BANGALORE-560 001
2. THE STATE OF KARNATAKABY ITS DIRECTOR,
STATE EDUCATION & TRAININGNO.4, 100 RING ROAD, 3RD CROSS
BANASHANKARI LAYOUT
BANGALORE-560085
3. THE KARNATAKA STATE SECONDARYEXAMINATION BOARD (D.ED)
REP BY ITS SECRETARY6TH CROSS, MALLESHWARAM
BANGALORE-560 003
4. THE PRINCIPALDISTRICT INSTITUTE OF EDUCATION RESEARCH &
TRAINING (DIET) NAUBADBIDAR-585402
… RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
THESE PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT R-4 TO APPROVE THE STUDENT LIST FOR THE
YEAR 2015-16 AT ANNEX-C & E DIRECT R-4 TO ISSUE THE
HALL TICKET AND ALLOW THE STUDENT TO APPEAR IN
6
THE EXAMINATION WHICH HELD ON 01.06.2016 & DIRECT
RESPONDENTS TO DECLARE THE STUDENTS RESULTS
W. P. NOS.28090/2016 & 28672-28721/2016
BETWEEN:
GNANA GANGA VIDYA PEETHA’S
SHRI ELUKOTE MAILARLINGESHWAR TEACHERSTRAINING INSTITUTION
THROUGH ITS PRINCIPALSAGAR S/O PANDITRAO
AGED 42 YEARS, OCC: PRINCIPALR/O BIDAR
…PETITIONER(BY SRI JAIRAJ K. BUKKA, ADV.)
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS PRL. SECRETARY,EDUCATION DEPT. MS.BUILDING,
BANGALORE-560 001
2. THE DIRECTOR OF STATE EDUCATION
RESEARCH AND TRAINING BY SECRETARYNO.4, 100 RING ROAD, 3RD CROSS,
BANASHANKARI LAYOUT,BANGALORE-560085
3. THE KARNATAKA STATE SECONDARY
EXAMINATION BOARD (D.ED)REP BY ITS SECRETARY,
6TH CROSS, MALLESHWARAM,
7
BANGALORE-560 003
4. THE PRINCIPALDISTRICT INSTITUTE OF EDUCATION RESEARCH AND
TRAINING (DIET) NAUBAD,BIDAR-585402
… RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
TEH LETTER ISSUED BY R-2 ON 31.03.2016 FORWARDED
TO R-1 AT ANNEXURE-B DIRECT R-1 TO 4 TO APPROVE
THE STUDENT LIST FOR THE YEAR 2015-16 AT
ANNEXURE-C
W.P. NOS.30257/2016 &30402-411/2016
1. BHARATH KUMAR
S/O BADREE LAL GUPTA
AGED 21 YEARSOCC: D ED STUDENT NOOR COLLEGE BIDAR
R/O BIDAR - 585401
2. SHAILENDRA KUMARS/O GHANSHYA M BHANDARI
AGED 24 YEARSOCC: D ED STUDENT NOOR COLLEGE BIDAR
R/O BIDAR - 585401
3. INDRA SINGH LODHAS/O. LAL CHAND,
AGED 19 YEARS
8
OCC: D ED STUDENT NOOR COLLEGE BIDAR R/O BIDAR - 585401
4. GHANSHYA M LODHA
S/O. PRITHVI,AGED 21 YEARS
OCC: D ED STUDENT NOOR COLLEGE BIDARR/O BIDAR - 585401
5. GIRIRAJ SINGH
S/O. BAL SINGH,AGED 18 YEARS
OCC: D ED STUDENT NOOR COLLEGE BIDARR/O BIDAR - 585401
6. GOPAL SINGHS/O. BAL SINGH,
AGED 22 YEARSOCC: D ED STUDENT NOOR COLLEGE BIDAR
R/O BIDAR - 585401
7. UMED SINGHS/O. BHAVANI SHANKAR,
AGED 22 YEARSOCC: D ED STUDENT NOOR COLLEGE BIDAR
R/O BIDAR - 585401
8. RAJESH KUMAR RATHORS/O. KAILASH CHAND RATHOR,
AGED 18 YEARS
OCC: D ED STUDENT NOOR COLLEGE BIDARR/O BIDAR - 585401
9. MUKESH KUMAR RATHORE
S/O. RAM PRASAD RATHORE,AGED MAJOR OCC: D ED STUDENT NOOR COLLEGE
BIDAR R/O BIDAR - 585401
9
10. MUKESH KUMARS/O. RAMKRISHAN LOVAVANSHI,
AGED 20 YEARSOCC: D ED STUDENT NOOR COLLEGE BIDAR
R/O BIDAR - 585401
11. BANWARI LAL LOVAVANSHS/O. RAMKALYAN,
AGED 22 YEARSOCC: D ED STUDENT NOOR COLLEGE BIDAR
R/O BIDAR - 585401 …PETITIONERS
(BY SRI J.K. BUKKA, ADV.)
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS PRL SECRETARY,EDUCATION DEPT MS BUILDING,
BANGALORE-560 001
2. THE STATE OF KARNATAKABY ITS DIRECTOR,
STATE EDUCATION & TRAINING,NO.4, 100 RING ROAD, 3RD CROSS,
BANASHANKARI LAYOUT,BANGALORE-560 085.
3. THE KARNATAKA STATE SECONDARY EXAMINATION
BOARD (D.ED) REP BY ITS SECRETARY,
6TH CROSS, MALLESHWARAM,BANGALORE-560 003
4. THE PRINCIPAL
DISTRICT INSTITUTE OF EDUCATION RESEARCH &TRAINING (DIET) NAUBAD,
BIDAR-585 402
10
5. THE PRINCIPALNOOR D.ED. COLLEGE,
BIDAR-585 401
…RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 TO 4 TO APPROVE THE STUDENT LIST
FOR THE YEAR 2015-16 WHICH IS AT ANNX-A.DIRECT THE
RESPONDENTS TO ISSUE THE HALL TICKET AND ALLOW
THE STUDENTS TO APPEAR IN THE EXAMINATION WHICH
HELD ON 1.6.2016 & DIRECT THE RESPONDENTS TO
DECLARE THE STUDENT RESULTS
W.P. NOS.30258/2016 & 30352-401/2016
BETWEEN
SWAMY VIVEKNAND D EDCOLLEGE KAMALNAGAR 585413 THROUGH ITS PRINCIPAL
PANDHARI SON OF UMAJI JADHAVAGED 37 OCC: PRINCIPAL
R/O VILLAGE DABKA TAUKA AURAD - BDISTRICT BIDAR
... PETITIONER
(BY SRI. J K BUKKA, ADV.)
AND
11
1. THE STATE OF KARNATAKATHROUGH ITS PRL SECRETARY
EDUCATION DEPT M S BUILDING,BANGALORE - 560001
2. THE STATE OFKARNATAKA
BY ITS DIRECTORSTATE EDUCATION & TRAINING
NO 4, 100 RING ROAD,3RD CROSS BANASHANKARI LAYOUT
BANGALORE - 560085
3. THE KARNATAKA STATE SECONDARY EXAMINATIONBOARD (D.ED)
REP BY ITS SECRETARY
6TH CROSS MALLESHWARAMBANGALORE - 560003
4. THE PRINCIPAL
DISTRICT INSTITUTE OF EDUCATION RESEARCH &TRAINING (DIET) NAUBAD
BIDAR - 585402
... RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
THESE PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 TO 4 TO CHANGE THE MEDIUM OF
COLLAGE FROM MARATHI MEDIUM TO HINDI MEDIUM AND
TO APPROVE THE STUDENT LIST FOR THE YEAR 2015-16
WHICH IS AT ANNEXURE-G
12
W.P. NOS.30263/2016 &30519-530/2016
BETWEEN:
1. SALMAN KHAN
S/O MATLOOB KHANAGED 18 YEARS,
OCC: D.ED STUDENT INDIAN COLLEGE BIDARR/O BIDAR-585401
2. ABDUL NAZIL
S/O ABDUL KHUDDUSAGED 19 YEARS,
OCC: D.ED STUDENT INDIAN COLLEGE BIDAR
R/O BIDAR-585401
3. TANVEER KHANS/O ABDUL KALAM
AGED 20 YEARS,OCC: D.ED STUDENT INDIAN COLLEGE BIDAR
R/O BIDAR-585401
4. MUJAMIL KHANS/O KALAM KHAN
AGED 16 YEARS,OCC: D.ED STUDENT INDIAN COLLEGE BIDAR
R/O BIDAR-585401
5. ISHRATH BANO
D/O ZAKIR BAIGAGED 19 YEARS
OCC: D.ED STUDENT INDIAN COLLEGE BIDARR/O BIDAR-585401
6. SHAHRUKH KHAN
S/O MATLUB KHANAGED 20 YEARS,O
OCC: D.ED STUDENT INDIAN COLLEGE BIDAR
13
R/O BIDAR-585401
7. IMRAN KHANS/O LUKMAN KHAN
AGED 21 YEARS,OCC: D.ED STUDENT INDIAN COLLEGE BIDAR
R/O BIDAR-585401
8. FARIS KHANS/O FAREED KHAN
AGED 19 YEAR,OCC: D.ED STUDENT INDIAN COLLEGE BIDAR
R/O BIDAR-585401
9. GULISTA KHANAM
D/O ABDUL MANNANKHANAGED 18 YEARS,
OCC: D.ED STUDENT INDIAN COLLEGE BIDARR/O BIDAR-585401
10. AAZAM KHAN
S/O ASLAM KHANAGED 20 YEARS,
OCC: D.ED STUDENT INDIAN COLLEGE BIDARR/O BIDAR-585401
11. SHABEENA BANO
D/O KALAMKHANAGED 18 YEAR,
OCC: D.ED STUDENT INDIAN COLLEGE BIDAR
R/O BIDAR-585401
12. SARFARAZ KHANS/O KHALEEQ KHAN
AGED 18 YEARS,OCC: D.ED STUDENT INDIAN COLLEGE
BIDAR R/O BIDAR-585401 … PETITIONERS
(BY SRI A. SYED HABEEB, AGA)
14
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS PRL SECRETARYEDUCATION DEPT MS BUILDING
BANGALORE-560 001
2. THE STATE OF KARNATAKABY ITS DIRECTOR
STATE EDUCATION & TRAININGNO.4, 100 RING ROAD, 3RD CROSS
BANASHANKARI LAYOUTBANGALORE-560 085
3. THE KARNATAKA STATE SECONDARYEXAMINATION BOARD (D.ED)
REP BY ITS SECRETARY6TH CROSS, MALLESHWARAM
BANGALORE-560 003
4. THE PRINCIPALDISTRICT INSTITUTE OF EDUCATION RESEARCH &
TRAINING (DIET) NAUBADBIDAR-585402
5. THE PRINCIPAL
INDIAN D.ED COLLEGEBIDAR-585401
… RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
THESE PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE R-4 ENDORSEMENT DTD:20.5.2016 WHICH IS
AT ANNEXURE-E DIRECT THE R-1 TO 4 TO APPROVE THE
STUDENT LIST FOR THE YEAR 2015-16 WHICH IS AT
15
ANNEXURE-C DIRECT THE RESPONDENTS TO ISSUE THE
HALL TICKET AND ALLOW THE STUDENTS TO APPEAR IN
THE EXAMINATION WHICH HELD ON 1.6.2016 AND
DIRECT THE RESPONDENTS TO DECLARE THE STUDENTS
RESULTS
W.P. NOS.30272/2016 & 30532-572/2016
BETWEEN
KARNATAKA D ED
COLLEGE BASVAKALYAN-585327
THROUGH ITS PRINCIPALSHARASCHANDRA BIRADAR
S/O PUNDILIKRAOAGE 35 YEARS
OCCUPATION PRINCIPAL KARNATAKAD.ED., COLLEGE BASVAKALYAN
RESIDENT OF K.H.B. COLONYBASVAKALYAN-5854 01
BIDAR DISTRICT
... PETITIONER
(BY SRI.JAIRAJ KASHAPPA BUKKA, ADV.)
AND
1. THE STATE OF KARNATAKATHROUGH ITS PRL SECRETARY
EDUCATION DEPT MS BUILDINGBANGALORE-560 001
2. THE STATE OF KARNATAKA
BY ITS DIRECTORSTATE EDUCATION & TRAINING
NO.4, 100 RING ROAD, 3RD CROSS
16
BANASHANKARI LAYOUTBANGALORE-560085
3. THE KARNATAKA STATE SECONDARY EXAMINATION
BOARD (D.ED)REP BY ITS SECRETARY
6TH CROSS MALLESHWARAMBANGALORE-560 003
4. THE PRINCIPAL
DISTRICT INSTITUTE OF EDUCATION RESEARCH &TRAINING (DIET)
NAUBADBIDAR-585 402
... RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
THESE PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 TO 4 TO CHANGE THE MEDIUM OF
COLLAGE FROM MARATHI MEDIUM TO HINDI MEDIUM AND
TO APPROVE THE STUDENT LIST FOR THE YEAR 2015-16
WHICH IS AT ANNEXURE-E AND ETC.
W.P. NOS.201891/2016 & 201965 &201966-996/2016
BETWEEN:
NOOR EDUCATION TRUSTNOOR TEACHER TRAINING INSTITUTE (D.ED)
THROUGH ITS PRINCIPALREBICA D/O RAMESH
AGED 29 YEARS,OCC: PRINCIPAL
17
R/O BIDAR
…PETITIONER(BY SRI J.K. BUKKA, ADV)
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS PRL. SECRETARYEDUCATION DEPT. M.S. BUILDING
BANGALORE 560 001
2. THE STATE OF KARNATAKABY ITS DIRECTOR STATE EDUCATION & TRAINING
NO.4, 100 RING ROAD, 3RD CROSS
BANASHANKARI LAYOUTBANGALORE 560 085
3. THE KARNATAKA STATE SECONDARY EXAMINATION
BOARD (D.ED)REP BY ITS SECRETARY 6TH CROSS
MALLESHWARAM BANGALORE 560 003
4. THE PRINCIPALDISTRICT INSTITUTE OF EDUCATION RESEARCH &
TRAINING (DIET) NAUBAD BIDAR 585 402
… RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
THESE PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ALLOW THIS WRIT PETITION AND ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR
ORDER OR DIRECTION TO THE RESPONDENTSDIRECT THE
18
4TH RESPONDENT TO APPROVE THE STUDENT LIST FOR
THE YEAR 2015-16 WHICH IS AT ANNEXURE 'B1' AND 'D'
DIRECT THE 4TH RESPONDENT TO ISSUE THE HALL
TICKET AND ALLOW THE STUDENT TO APPEAR IN THE
EXAMINATION WHICH HELD ON 01.06.2016 AND DIRECT
THE RESPONDENTS TO DECLARE THE STUDENT RESULTS
PENDING DISPOSAL OF THE ABOVE WRIT PETITION,
DIRECT THE RESPONDENT TO PERMIT THEPETITIONER
STUDENT TO TAKE UP THEIR EXAMINATION WHICH IS
COMMENCING FROM 01.06.2016 TO 07.06.2016.
W.P. NOS.201997/2016 & 202001-027/2016
BETWEEN:
KARNATAKA EDUCATION SOCIETYNIGHTINGLE D.ED COLLEGE
THROUGH ITS PRINCIPALJAYAMANGALA S/O BABURAO
AGE: 38 YEARS,OCC: PRINCIPAL
R/O BIDAR
…PETITIONER
(BY SRI J.K. BUKKA, ADV)
AND:
1. THE STATE OF KARNATAKATHROUGH ITS PRL. SECRETARY
EDUCATION DEPT. M.S. BUILDINGBANGALORE 560 001
2. THE STATE OF KARNATAKA
BY ITS DIRECTOR STATE EDUCATION & TRAININGNO.4, 100 RING ROAD, 3RD CROSS
19
BANASHANKARI LAYOUTBANGALORE 560 085
3. THE KARNATAKA STATE SECONDARY EXAMINATION
BOARD (D.ED)REP BY ITS SECRETARY 6TH CROSS
MALLESHWARAM BANGALORE 560 003
4. THE PRINCIPALDISTRICT INSTITUTE OF EDUCATION RESEARCH &
TRAINING (DIET) NAUBAD BIDAR 585 402
… RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
THESE PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ALLOW THIS WRIT PETITION AND ISSUE A WRTI OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR
ORDER OR DIRECTION TO THE RESPONDENTS DIRECT
THE 4TH RESPONDENT TO APPROVE THE STUDENT LIST
FOR THE YEAR 2015-16 WHICH IS AT ANNEXURE C1 & D
AND ETC.
W.P. NOS.28088/2016 & 28452-501/2016
BETWEEN:
AMBEDKAR TATVA EDUCATION SOCIETYBHUVANESHWARI D.ED COLLEGE BIDAR
THROUGH ITS PRINCIPAL
PRAKASH S/O DASRATAGED MAJOR
OCC: PRINCIPAL
20
R/O BIDAR-585401
…PETITIONER(BY SRI J.K. BUKKA, ADV.)
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS PRL. SECRETARY,EDUCATION DEPT MS.BUILDING,
BANGALORE-560 001
2. THE STATE OF KARNATAKABY ITS DIRECTOR,
STATE EDUCATION AND TRAINING
NO.4, 100 RING ROAD, 3RD CROSS,BANASHANKARI LAYOUT,
BANGALORE-560085
3. THE KARNATAKA STATE SECONDARYEXAMINATION BOARD (D.ED)
REP BY ITS SECRETARY,6TH CROSS, MALLESHWARAM,
BANGALORE-560 003
4. THE PRINCIPALDISTRICT INSTITUTE OF EDUCATION RESEARCH AND
TRAINING (DIET) NAUBAD,BIDAR-585402
…RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
THESE PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE LETTER ISSUED BY R-2 ON 24.3.2016
FORWARDED TO R-1 WHICH IS AT ANNEXURE-B DIRECT
21
THE R-1 TO 4 TO APPROVE THE STUDENT LIST FOR THE
YEAR 2015-16 WHICH IS AT ANENXURE-C
W.P. NOS.28091/2016 & 28503-552/2016
BETWEEN
GNYANGANGA EDUCATION AND SOCIAL WELFARE
SOCIETYGNYANGANGA D.ED COLLEGE THROUGH ITS PRINCIPAL
DHANAJI S/O VISHWANATHRAO RODE,AGED 36 YEARS, OCC: PRINCIPAL
R/O BASWAKALYAN, BASWAKALYAN TALUK,DISTRICT BIDAR-585401
... PETITIONER
(BY SRI J K BUKKA, ADV.)
AND
1. THE STATE OF KARNATAKA
THROUGH ITS PRL. SECRETARY,EDUCATION DEPT MS.BUILDING,
BANGALORE-560 001
2. THE STATE OF KARNATAKABY ITS DIRECTOR,
STATE EDUCATION AND TRAININGNO.4, 100 RING ROAD, 3RD CROSS,
BANASHANKARI LAYOUT,BANGALORE-560085
3. THE KARNATAKA STATE SECONDARYEXAMINATION BOARD (D.ED)
22
REP BY ITS SECRETARY,6TH CROSS, MALLESHWARAM,
BANGALORE-560 003
4. THE PRINCIPALDISTRICT INSTITUTE OF EDUCATION RESEARCH AND
TRAINING (DIET) NAUBAD,BIDAR-585402
... RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
THESE PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 TO 4 TO APPROVE THE STUDENT LIST
FOR THE YEAR 2015-16 WHICH IS AT ANNX-E IE.
MANAGEMENT QUOTA LIST AND GOVT. QUOTA LIST AND
ETC.
W.P. NOS.201757/2016 & 201941-964/2016
BETWEEN:
JASMINE EDUCATION AND CHARITABLE TRUST
JASMINE D.ED COLLEGE THROUGH ITS PRINCIPALAJAY KUMAR SHARMA S/O GOPAL KISHAN SHARMA
AGED ABOUT 36 YEARS, OCC: PRINCIPALR/O BIDAR
… PETITIONER(BY SRI J.K. BUKKA, ADV.)
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS PRL. SECRETARY EDUCATION DEPT.
23
M.S. BUILDING BANGALORE 560 001
2. THE STATE OF KARNATAKABY ITS DIRECTOR STATE EDUCATION & TRAINING
NO.4, 100 RING ROAD, 3RD CROSSBANASHANKARI LAYOUT BANGALORE 560 085
3. THE KARNATAKA STATE SECONDARY EXAMINATION
BOARD (D.ED) REP BY ITS SECRETARY6TH CROSS MALLESHWARAM BANGALORE 560 003
4. THE PRINCIPAL
DISTRICT INSTITUTE OF EDUCATION RESEARCH &TRAINING (DIET) NAUBAD BIDAR 585 402
5. MS. RUBINA D/O MD. HUSAINAGED MAJOR, OCC: STUDENT
R/O BIDAR
6. SANIYA AGHA D/O RAIS AGHA A.
7. MS. VANDANA KUMARI D/O MOYHAN LAL
8. GHANSHYAM GURJAR S/O PRABHU LAL
9. MS. SUNEETA D/O BAPU LAL BHEEL
10. MOHD. IRSHAD D/O MOHD. INSAF
11. MOHD. ASIF S/O MAMTAJ ALI
12. KUM. UJAMA BEE D/O KHALIL
13. ARSHI KHAN D/O IRFAN
14. NEHA KHAN D/O AKIL KHAN
15. RIYA NAMDEO D/O SUNIL NAMDEO
24
16. VIMAL MEHTA S/O RAM RATAN MEHTA
17. SUNIL MEHTA S/O RAM RATAN MEHTA
18. DEEPENDRA SHIVHARE S/O BUDDI PRAKASH
19. DILEEP KUMAR S/O MADAN MOHAN
20. TRILOK CHAND S/O GHEESA LAL
21. BAJRANG LAL S/O LAXMI NARAYAN
22. SANTOSH KUMAR S/O SURAT LAL
23. RAM BHAJAN YADAV S/O SUSHIL KUMAR
24. SUNITA DEVI D/O SURAJ NARAYAN
25. RAM LOCHAN YADAV S/O HAR GOVIND
26. MAMTA KUMARI D/O RAM LAKHAN YADAV
27. RAJ KUMAR S/O SATYA NARAYAN
28. MAMTA KUMARI D/O VINOD YADAV
29. PREM CHAND GURJAR S/O DOLAT RAM
ALL MAJOR OCC: STUDENTS
R/O BIDAR- 585 401
(AS AMENDED BY ORDER OF HON’BLE COURT ON
28-4-16)
…RESPONDENTS
(BY SRI A. SYED HABEEB, AGA)
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THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW
THIS WRIT PETITION AND ISSUE A WRIT OF MANDAMUS
OR ANY OTHER APPROPRIATE WRIT OR ORDER OR
DIRECTION TO THE RESPONDENTS DIRECT THE 4TH
RESPONDENT TO APPROVE THE STUDENT LIST FOR THE
YEAR 2015-16 WHICH IS AT ANNEXURE 'D' & 'F' AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this batch of cases the petitioners are asking for a
writ in the nature of mandamus against (i) Director,
DSERT (ii) the Secretary, Karnataka Secondary Education
Examination Board (D.Ed.) and (iii) the Principal, DIET,
Bidar to approve the admission of the students admitted
by the respective Colleges to D.Ed. Course for the
Academic Year 2015-16 and permit the students to appear
in the examination scheduled to be held during June, 2016
and declare the result.
2. Heard learned advocates for the petitioners
and Sri Syed Habeeb, learned AGA for the respondents and
perused the petitions.
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3. The Colleges having the recognition of NCTE
for conducting D.Ed. Course of two years’ duration and
made the admissions for the academic year 2015-16 prior
to 25.08.2015, the last date as per the Calendar published
by the Director, DSERT, submitted the list of admissions
for approval to the Principal, DIET, Bidar. There being
delay in submission of the lists by the Colleges, approval
as sought having not been accorded, despite submission of
representations, these petitions were filed for relief.
4. Learned advocates for the petitioners did not
dispute the fact of delay in submission of list of admissions
by the respective Colleges to the Principal of DIET, Bidar.
According to them, the list(s) could not be submitted in the
stipulated manner by the Colleges within the last date, as
the verification of original documents of some of the
students, who are from outside the State of Karnataka was
undertaken, and there was delay in getting the relevant
information and also for other bona fide reasons. Learned
counsel submitted that, henceforth, the Colleges would
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complete the admissions as per the timetable of DSERT
and seek approval by producing all the documents within
the stipulated period. Affidavits of the concerned in the
Colleges was filed, undertaking to act in terms of the
submission made, as above. Learned advocates further
submitted that even though the delay was bona fide, the
amount deposited in these petitions be treated as penalty
and the admissions of students directed to be approved, as
otherwise, innocent students who paid the admission fee
and also submitted the testimonials within last date would
suffer adverse consequences.
5. Learned AGA on the other hand contended that
there being lapse on the part of the Colleges in the matter
of sending the list of admissions on or before 25.08.2015,
there is no merit in the petitions. Learned AGA submitted
that one or the other College, out of the petitioner
Colleges, has caused delay in submission of list of
admissions, year after year and hence, the petitions may
be dismissed.
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6. It is to be pointed out, that after hearing
learned advocates on both sides and perusal of the record,
interim orders were passed directing the respondents to
permit the students to take the D.Ed. examination for the
Academic Year 2015-16 commencing from 01.06.2016.
However, the result was directed not to be announced until
further orders. In pursuance thereof, the students have
taken the examination.
7. The duration of the Course is two years. The
students have completed the I Year Course and are
halfway through the II Year Course. It is not the case of
the respondents that there was any infrastructure
deficiency in the petitioner – Colleges for imparting of the
D.Ed. Course for the Academic Year 2015-16. The
approval of some admissions was not made only on
account of the delay in submission of the list i.e., the lists
having been submitted after the stipulated last date –
25.08.2015.
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8. There being no dispute with regard to the list
having been submitted and the students having taken the
examination pursuant to the interim order passed in these
petitions, in my opinion, by penalising the Colleges for the
delay in the matter of submission of the admissions list,
the respondent - authority can be directed to consider the
lists and testimonials etc. submitted seeking approval of
the admissions made to the D.Ed. Course by the Colleges
for the Academic Year 2015-16. The colleges can also be
put on terms, so that there will not be default in future and
the admission / approval process gets completed strictly as
per the time table of the DSERT.
9. Identical petitions filed in W.P.
Nos.25608/2016, 256014-018/2016 and 25019-022/2016
have been allowed on 16.11.2016 and direction issued to
the authority to approve the admissions of the enlisted
students for the Academic Year 2015-16.
Having regard to the facts and circumstances noticed
supra and the order dated 16.11.2016 passed in W.P.
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No.25608/2016 and connected cases and as the
representations submitted by the respective Colleges
during April, 2016 was not considered and decision made
known to the Colleges concerned by the competent
authority, it is ordered as follows:
Writ petitions are allowed. The Principal, DIET, Bidar
is directed to consider and approve the admission of the
enlisted students of the Colleges admitted prior to
25.08.2015 to the D.Ed. Course for the Academic Year
2015-16, if they possess the prescribed qualification and
meet the eligibility criteria for admission to the Course,
subject to the following conditions:
(i) Henceforth, the Colleges shall strictly adhere to
the Calendar of Events as may be issued by the DSERT
from time to time.
(ii) In case of violation of the undertaking submitted
by the respective Colleges in these petitions, liberty is
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reserved to the respondents to initiate appropriate
proceedings, including contempt of court proceedings.
(iii) The delay in submission of the admissions list is
condoned by penalising the Colleges. The amount
deposited by the Colleges in these petitions is treated as
penalty and the entire deposited amount be paid by the
Registry to the Director, DSERT, Bangalore – 560 085.
(iv) The result of the examination taken by the
students be declared.
(v) Time for compliance is 45 days.
No costs.
Sd/- JUDGE
sac*