Karnataka High Court
Rakesh R Kulkarni S/O Raghavendra ... vs The Principal Secretary And Ors on 2 April, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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WP No. 201142 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT PETITION NO. 201142 OF 2023 (S-KSAT)
BETWEEN:
SRI. RAKESH R. KULKARNI,
S/O. LATE RAGHAVENDRA KULKARNI,
AGE: 34 YEARS,
OCC: WATCHMAN 'GROUP-D',
R/O. H NO. 12-907/114/3,
PLOT NO. 03, VEERESH NAGAR,
NEAR GIMS, KALABURAGI - 585 105.
...PETITIONER
(BY SRI. MAHESH PATIL, ADVOCATE)
Digitally signed by
VARSHA N
RASALKAR
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE PRINCIPAL SECRETARY,
PUBLIC WORKS DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
2. THE CHIEF ENGINEER,
PWD CONSTRUCTION AND
BUILDINGS (SOUTH),
K R CIRCLE,
BENGALURU - 560 001.
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WP No. 201142 of 2023
3. THE CHIEF ENGINEER,
PANCHAYAT RAJ ENGINEERING
DEPARTMENT,
GRAMEENABHIVRUDHI BHAVAN,
BENGALURU - 560 001.
4. THE CHIEF ENGINEER,
PWD COMMUNICATION AND BUILDINGS
(NORTH - EAST) ZONE,
PWD BHAVAN,
OLD JEWARGI ROAD,
KALABURAGI - 585 102.
5. THE SUPERINTENDENT ENGINEER,
PANCHAYAT RAJ ENGINEERING CIRCLE,
RAJAPUR, KALABURAGI - 585 105.
6. THE EXECUTIVE ENGINEER,
PANCHAYAT RAJ ENGINEERING DIVISON,
RAJAPUR, KALABURAGI - 585 105.
7. THE ASSISTANT EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
SUB-DIVISION LINGASUGUR,
DISTRICT RAICHUR - 584 122.
8. THE JOINT SECRETARY
UNIVERSITY GRANT COMMISSION,
DISTANCE EDUCATION BUREAU 35,
FEROZ SHAH ROAD,
NEW DELHI - 110 001.
...RESPONDENTS
(BY SRI. MALLIKARJUN C. BASAREDDY, GA FOR R1 TO R4 AND
R7; SRI. R. J. BHUSARE, ADVT. FOR R5 AND R6
SRI. SUDHIRSINGH R. VIJAPUR, DSGI FOR R8 )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING
TH IMPUGNED ORDER DATED 24.02.2023 PASSED BY THE
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WP No. 201142 of 2023
HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL
KALABURAGI BNCH IN APPLICATION NO. 20880/2022 AT
ANNEXURE-C AND CONSEQUENTLY TO ALLOW THE
APPLICATION FILED BY THE PETITIONER BEFORE THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL A PRAYED
FOR, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY K V ARAVIND J., MADE THE
FOLLOWING:
ORDER
This petition is filed impugning the order passed by
the Karnataka State Administrative Tribunal Kalaburagi
Bench (for short 'the Tribunal'), in Application
No.20880/2022 dated 24.02.2023.
2. The petitioner filed an application for
appointment on compassionate grounds due to death of
his father late Sri. Raghavendra Kulkarni, who died on
09.04.2018 when in-service. The petitioner produced the
BCA degree certificate obtained from Dr. C.V.Raman
University, Bilaspur, Chattisgarh (herein after referred to
as 'the University, Bilaspur' for short). The respondents
correspond with Deputy Registrar of UGC and also with
Distance Education Bureau of University Grant Commission
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(for short 'UGC'), regarding validity of BCA certificate
produced by the petitioner. The respondents by
notification dated 03.10.2022 appointed the petitioner as
Group 'D' employee considering his education qualification
as SSLC. In view of the communication issued by the UGC,
the respondents concluded that BCA degree from the
University, Billaspur, is degree from distance education
course from Universities not recognized by UGC cannot be
considered.
3. The petitioner being aggrieved, filed an
application before the Tribunal.
4. The Tribunal on the basis of the clarification
issued by UGC held that, the petitioner has studied BCA on
online or by off-campus / study center is not recognized.
Hence, upheld the decision of the respondents in not
considering BCA as the qualification. The Tribunal held that
the appointment to Group-D post on compassionate
grounds is commensurate with the qualification considered
by the authority i.e., SSLC.
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5. Sri. Mahesh Patil, learned counsel for the
petitioner submits that the petitioner has BCA degree from
the University, Bilaspur. As per the clarifications issued by
the UGC, the BCA degree obtained by the petitioner is
valid. Further, as per communication of Distance Education
Bureau of UGC at the University, Bilaspur, it is the State
Private University having recognition from 2009-10 to
2012-13 which was continued up to 2017-18. As per the
said communication, degrees acquired through distance
education mode are recognized for the purpose of
employment in Central Govt. and also for pursuing higher
education. It is further submitted that the said
communications by the UGC and Distance Education
Bureau has stated clarifications that where Private
University cannot open its centers within the state campus
and UGC has not granted any approval to the University to
open the off-campus / study center anywhere. The
respondents as well as the Tribunal has misread the
clarification and concluded that the petitioner has studied
BCA in off-campus / study center and the said degree
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cannot be recognized. It is submitted that as per the
certificates / statement of marks issued by the University,
Bilaspur, it is clear that the petitioner has studied in State
Private University having due recognition from UGC.
Therefore, submits that the BCA degree is to be
considered as qualification and the petitioner is entitled to
be appointed to Group-C post.
6. Per contra, Sri. Mallikarjun C. Basareddy,
learned Government Advocate appearing for respondent
Nos.1 to 4 and 7 supporting the impugned order dated
03.10.2022 and the order of the Tribunal, submits that the
degree of BCA from open University cannot be considered
as qualification for appointment. It is submitted that the
petitioner cannot insist to be appointed to a particular post
while seeking appointment on compassionate grounds. As
the appointment under compassionate grounds is provided
for meeting financial crisis to the family due to the death
of bread earner, the said object having been achieved by
providing appointment to the petitioner as Group-D
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employee, there is no justification in petitioner demanding
for appointment to Group-C post. It is further submitted
that the Tribunal has rightly arrived at a conclusion that
the petitioner has studied BCA on online or by the off-
campus / study center, which is not recognized by UGC.
Thus, prays to dismiss the writ petition.
7. Sri. R.J. Bhusare, learned counsel for
respondent Nos.5 and 6 and Sri. Sudhirsingh R. Vijapur,
learned Deputy Solicitor General of India for respondent
No.8, reiterating the contentions urged by learned
Government Advocate supports the orders impugned and
pray to dismiss the writ petition.
8. We have heard learned counsel for the parties,
considered the submissions and perused the writ papers.
9. The petitioner has filed an application seeking
appointment on compassionate grounds due to death of
his father late Sri. Raghavendra Kulkarni, who died while
in service on 09.04.2018. The petitioner submitted his
qualification as BCA from the University, Bilaspur. The
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application was forwarded by the 6th respondent to 5th
respondent, thereafter to 3rd respondent who in turn
recommended appointment to Group-C post (FDA) as per
his qualifications. The proposal was further forwarded to
the second respondent. The second respondent
communicated with the UGC, New Delhi, with regard to
BCA course acquired by the petitioner. The UGC confirmed
the BCA degree of the petitioner conferred during the year
2018. In response to the communication with Distance
Education Bureau of UGC, it was responded that the
University, Bilaspur, is a State Private University having
institutional recognition from 2009-10 to 2017-18. It was
further clarified that the degrees acquired through
distance education mode are recognized for the purpose of
employment in Central Govt. and also for pursuing higher
education. The relevant paragraphs from the
communication by Distance Education Bureau of UGC is
extracted for convenience:
"Dr. C V Raman University Chattisgarh is a
State Private University which has given
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intuitional recognition from 2009-10 to 2012-13
by the erst while DEC to offer programmes
through distance mode. Further, it was granted
programme wise recognition from the academic
year 2013-14 to 2014-15 which has been
continued upto 2017-18. The year arise
recognition status of universities approved to
offer education through distance mode along
with the approved programmes is already in
public domin and can be accessed at UGS
website www.ugc.ac.in/deb.
The degrees acquired through distance
education mode are recognized for the propose
of employment in central government and also
for pursuing higher education in other
educational institutions provide the same has
been awarded by the universities institutions
recognized specifically to offer education through
distance mode in conformity with the norms,
guidelines and regulations of UGC.
Admissions taken in the proved ODL
programme during the recognition period stands,
recognized till the completion of course even if
the university does not have recognition for
further years provided the programme is offered
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as per UGC norms of territorial jurisdiction, and
in conformity with extant guidelins and or UGC
(ODL) Regulations, 2007 and Regulations of
Respective Regulator Bodies".
10. As per the above clarification issued by UGC,
the University, Bilaspur, is a State Private University and
has institutional recognition during the relevant period.
Further, the degree acquired through distance education
from the said University is recognized.
11. In order to remove any ambiguity in the reply,
the UGC has stated that the University, Bilaspur, is not
authorized to open study center / off-campus center
beyond the territorial jurisdiction of State. Further, clarified
that the Private Universities cannot affiliate any college or
institution for conducting Diplomas, Degrees or other
qualifications, also cannot offer programmes through
franchising arrangement with Private institutions for the
purpose of conducting courses through distance education
mode.
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12. In view of the specific clarifications issued by
the UGC that the University, Bilaspur, is a State Private
University having institutional recognition from 2009-10 to
2017-18 and the degree issued through distance education
mode being recognized, the respondents committed an
error in not considering the BCA degree as valid and
qualifying while considering the application of the
petitioner on compassionate appointment.
13. The UGC has in further paragraphs has only
clarified that the University has not been authorized to
open study center / off-campus center beyond the
territorial jurisdiction of the State. While approving the
degree certificate of the petitioner is verified and found ok,
nothing has been stated by the UGC regarding the BCA
degree being issued from study center / off-campus
beyond the jurisdiction of the State. As seen from the
statement of marks and provisional certificate, it is clear
that the petitioner has studied BCA in the University,
Bilaspur. which is recognized by UGC. The clarifications
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issued by UGC has not stated that the BCA degree is from
off campus / study center. In other words UGC has duly
recognized the BCA degree of the petitioner. The finding
of the Tribunal that the petitioner studied BCA degree
through online or by the off-campus / study center is
without any basis and the same is unsustainable.
14. The contention of the learned Government
Advocate that the petitioner has no vested right in
insisting for appointment to a particular post, while
seeking appointment on compassionate grounds is not
sustainable in the present case. The application was
recommended considering BCA as qualification for
appointment to Group-C post. It is only due to the
confusion in reading the clarifications issued by the UGC,
BCA qualification was ignored and SSLC was considered as
qualification to appoint the petitioner to Group-D post.
15. In view of our finding, it is to be held that, BCA
Degree issued by the University, Bilaspur, is by due
institutional recognition from UGC and the same is valid
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and to be recognized for the purpose of employment.
Hence, the contentions of the Govt. Advocate cannot be
accepted and the respondents are to be directed to re-
consider the application of the petitioner to the Group-C
post.
16. Hence, we pass the following:
ORDER
i. The writ petition is allowed.
ii. We hold that BCA Degree issued by the
University, Bilaspur, is the recognized
degree, eligible for appointments.
iii. Respondent No.2 is directed to re-consider
the application of the petitioner to Group-C
post considering BCA as qualification.
iv. Considering that the application was filed for
appointment on compassionate grounds in
the year 2019, we direct the second
respondent to complete the process of re-
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consideration within three months from the
date of production of copy of this judgment
by taking into consideration that
observations made above, however,
subject to compliance of other conditions
concerning appointment on compassionate
grounds.
v. No order as to cost.
Sd/-
JUDGE
Sd/-
JUDGE
DDU
CT;BN
