Karnataka High Court
Sri. Rakesh Ranjan Sinha vs Karnataka State Open University on 20 February, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2024:KHC:7062
WP No. 23197 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO.23197 OF 2023 (EDN-RES)
BETWEEN:
SRI RAKESH RANJAN SINHA,
S/O RAMESHWAR PRASAD SINGH,
AGED ABOUT 49 YEARS,
R/AT SHIV COLONY, CHHATA,
MATHURA, UTTAR PRADESH - 281 401.
REGISTRATION NO.1176MAGE00027/2011
STUDENT OF MASTER OF ARTS, GEOGRAPHY.
...PETITIONER
[BY SRI MANOJ S.N., ADVOCATE (PH)]
AND:
1. KARNATAKA STATE OPEN UNIVERSITY,
MUKTHA GANGOTHRI, MYSORE - 570 006.
REP. BY ITS REGISTRAR.
2. KARNATAKA STATE OPEN UNIVERSITY,
REP. BY ITS DEPUTY REGISTRAR (EVALUATION),
MUKTHA GANGOTHRI, MYSORE - 570 006.
3. UNIVERSITY GRANTS COMMISSION,
REP. BY ITS SECRETARY,
O/O BAHADUR SHAH ZAFAR MARG,
Digitally signed by
GURURAJ D NEW DELHI - 110 002.
O/O SOUTH WESTERN REGIONAL
Location: High
Court of Karnataka OFFICE (BANGALORE), P.K. BLOCK,
PALACE ROAD, GANDHI NAGAR,
BANGALORE - 560 009.
...RESPONDENTS
[BY SRI T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R1 (PH);
SRI H.R. SHOWRI, ADVOCATE FOR R3; R2 - SERVED]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT UNIVERSITY TO CONSIDER THE CASE OF THE
PETITIONER FOR ISSUANCE OF CONVOCATION CERTIFICATE BASED
ON THE JUDGEMENT OF THIS HONBLE COURT IN SMT.SNEHALATHA
P. VS STATE IN WP NO.8638/2016, DD ON 03/03/2016 (ANNEXURE-
-2-
NC: 2024:KHC:7062
WP No. 23197 of 2023
D) AND MANOJ V/S STATE IN W.P NO.25361/2017 DD ON
13/06/2017 (ANNEXURE-F) AND EXTEND THE RELIEF OF ISSUANCE
OF CONVOCATION CERTIFICATE AND PASSING CERTIFICATE TO THE
PETITIONER; ALTERNATIVELY ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENT UNIVERSITY TO DECLARE THAT THE
PETITIONERS MASTER OF ARTS, GEOGRAPHY FOR THE ACADEMIC
YEAR 2011-13 FROM THE RESPONDENT UNIVERSITY IS
RECOGNISED AND VALID IN TERMS OF THE DECISION OF THIS
HONBLE COURT IN THE CASE OF KSOU VS STATE IN WP
NO.34255/2016, DD ON 27/06/2016 (ANNEXURE-E) AND WP
NO.2795/2022 DD ON 02/08/2022 (ANNEXURE-G) AND WP
NO.24293/2021 DD ON 17/08/2022 (ANNEXURE-H) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking for following reliefs:
(a) Issue a writ of mandamus directing the
respondent University to consider the case of
the petitioner for issuance of Convocation
certificate based on the judgment of this
Hon'ble Court in Smt.Snehalatha P v/s State
in W.P.no.8638/2016, DD on 03.032016
(Annexure-D) and Manoj v/s State in
W.P.no.25361/2017, DD on 13.06.2017
(Annexure-F) and extend the relief of
issuance of convocation certificate and
passing certificate to the petitioner.
(b) Alternatively issue a writ of mandamus
directing the respondent University to declare
that the petitioners Master of Arts, Geography
for the academic year 2011-2013 from the
respondent University is recognized and valid
in terms of the decision of this Hon'ble Court
in the case of KSOU v/s State in
W.P.no.34255/2016, DD on 27.06.2016
(Annexure-E) and W.P.no.2795/2022, DD on
02.08.2022 (Annexure-G) and
W.P.no.24293/2021, DD on 17.08.2022
(Annexure-H) and etc.
NC: 2024:KHC:7062
2. Sri S.N. Manoj, learned counsel appearing petitioner
submitted that petitioner had taken admission in respondent
University through NET Academy for pursuing Master of Arts in
Geography Course during academic year 2011-13 and
completed said Course in year 2014. But on 16.06.2015,
respondent no.3-Universty Grants Commission (for short
'UGC') issued a notification derecognizing respondent no.2-
Karnataka State Open University (for short 'KSOU'). As a
consequence Degree Certificates issued by KSOU were also
derecognized and candidature of students with Degrees from
KSOU were not being considered for selection and appointment.
3. At that stage, respondent no.2-KSOU had filed
W.P.no.34255/2016 before this Court seeking for direction for
consideration of candidatures of students who had obtained
Degrees from KSOU by taking admission upto academic year
2012-13. It was submitted that this Court on 27.06.2016
disposed of said writ petition by holding that all students of
KSOU who had taken admission upto and including academic
year 2012-13 and obtained Degrees were eligible to be
considered for selection and appointment and their degrees
were valid.
NC: 2024:KHC:7062
4. It was further submitted that when respondent
University refused to issue Degree Certificates to students who
had completed Course after academic year 2012-13, this Court
in W.P.no.25361/2017 (disposed of on 13.06.2017) by referring
to order passed in W.P.no.34255/2016, held action of
respondent University refusing to grant Degree Certificates as
illegal. It was observed that as long as candidates had taken
admission upto and including academic year 2012-13, they
would be entitled for issuance of Degree Certificates regardless
of year of passing. It was further submitted that said relief was
extended even to students from outside Karnataka in
W.P.no.24293/2021 disposed of on 17.08.2022. On above
grounds learned counsel sought for allowing writ petition.
5. On other hand, Sri T.P. Rajendra Kumar Sungay,
learned counsel appearing for respondents no.1 and 2-KSOU
sought to oppose writ petition. It was submitted that against
decisions in W.P.no.25361/2017 (disposed of on 13.06.2017),
W.P.no.2795/2022 (disposed of on 02.08.2022) and also
W.P.no.24293/2021 (disposed of 17.08.2022), KSOU had
preferred writ appeals and same were pending. It was
specifically contended that reason for de-recognition of KSOU
NC: 2024:KHC:7062
by UGC was that students located out side geographical area of
Karnataka were being admitted through Academic Collaborative
Institutions located outside Karnataka was contrary to UGC
Regulation.
6. Such being case, petitioner who hails from Uttar
Pradesh and admitted through such outside State Academic
Collaborative Institutions would fall foul of UGC Regulation and
therefore not entitled for relief. It was submitted that on this
specific ground, KSOU and even respondent no.3 had preferred
appeals.
7. In reply, learned counsel for petitioner would
submits that though Appeals were stated to have been filed,
there was no progress and no interim order was granted in said
writ appeals.
8. Heard learned counsel and perused writ petition
record.
9. From above, it would appear that petitioner's case
would be squarely covered by decisions in W.P.no.25361/2017
read with W.P.no.34255/2016. Even insofar as contentions
regarding students being admitted through Academic
NC: 2024:KHC:7062
Collaborative Institutions located outside Karnataka, same
would be covered by decision in W.P.no.24293/2021. Though,
Appeals are stated to have been filed by respondents, there is
no interim order of stay granted against judgments. Thus,
there would be impediment in following said ratio.
10. In view of same, following decisions in
W.P.no.25361/2017 (disposed of 13.06.2017),
W.P.no.34255/2016 (disposed of on 27.06.2016) and
W.P.no.24293/2021 (disposed of on 17.08.2022), writ petition
stands allowed directing respondent-University to issue Degree
Certificate in favour of petitioner as expeditiously as possible
within an outer limit of six weeks from date of receipt of
certified copy of this order.
Sd/-
JUDGE
GRD
