Karnataka High Court
Karnataka State Open University vs Sri Thirumalesh C A on 3 September, 2024
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WA No. 1025 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
WRIT APPEAL NO. 1025 OF 2022 (EDN-RES)
BETWEEN:
1. KARNATAKA STATE OPEN UNIVERSITY
MUKTHAGANGOTRI
MYSURU-570 006
REP. BY ITS REGISTRAR
2. KARNATAKA STATE OPEN UNIVERSITY
MUKTHAGANGOTRI
MYSURU-570 006
REP. BY ITS DEPUTY REGISTRAR (EVALUATION)
...APPELLANTS
(BY SRI. RAJENDRA KUMAR SUNGAY T.P., ADVOCATE)
AND:
1. SRI. THIRUMALESH C.A.
Digitally signed
by
CHANNEGOWDA
S/O LATE ANANTHAIAH C.K.
PREMA R/AT. NO.68, I.T.I.
Location: High
Court of
Karnataka
HBCS LAYOUT, NAYANDHALLI
BENGALURU-560 039
2. UNIVERSITY GRANT COMMISSION
O/O BHAHADUR SHAH ZAFAR MARG
NEW DELHI-110 002
O/O. SOUTH WESTERN REGIONAL OFFICE
P.K. BLOCK, PALACE ROAD
GANDHI NAGAR
BENGALURU-560 009
REP. BY ITS SECRETARY
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NC: 2024:KHC:35964-DB
WA No. 1025 of 2022
3. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
(UNIVERSITIES)
M.S. BUILDING
BENGALURU-560 001
(AMENDED V.C.O DATED 21.4.2023)
...RESPONDENTS
(BY SRI. MANOJ S.N., ADVOCATE FOR C/R1;
SRI. SHRIKAR JAYA GOVIND, ADVOCATE FOR R2;
SRI. VIKAS ROJIPURA, AGA FOR R3)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO CALL FOR RELEVANT
RECORDS AND SET ASIDE THE IMPUGNED ORDER DATED
02.08.2022 PASSED IN W.P.No.2795/2022 (EDN-RES) BY THE
LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND
DISMISS THE SAID WRIT PETITION BY ALLOWING THIS
APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This writ appeal is filed challenging the judgment dated
02.08.2022 of the learned Single Judge in WP No.2795/2022.
2. It is submitted by the learned counsel appearing for
the appellants that the first respondent was a person who was
admitted to B.Sc., Degree (Information Technology) during the
year 2007 and completed the course in the year 2012 through
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the Mysore Computer Training Academy which is one of the
Study Centres of the Appellant University. It is submitted that
the learned Single Judge has held that since there was
recognition for the courses conducted by the Appellant
University upto the Academic year 2012-13, the first
respondent was entitled to the degree certificate since he had
been enrolled in the year 2007 and had completed his degree in
2012. It is submitted that the cases which were referred to by
the learned Single Judge, while allowing the writ petition had
no application since it was in respect of non-technical degrees
like M.A and B.A that the earlier judgments had been rendered
and since the degree in the instant case was one of B.Sc.,
Degree (Information Technology). The judgments relied on
would have no application to the instant case.
3. The learned counsel for the first respondent would
however, rely on judgment of the learned Single Judge of this
Court in WP No.11399/2024 rendered on 20.06.2024, where
the question of grant of degree certificate of M.Sc., in
Information Technology was specifically considered by this
Court.
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4. After considering the contentions of the University
as well as the University Grants Commission(UGC), it was held
that since the Study Centre was situated within territorial
jurisdiction of the University and since the degree of M.Sc., in
Information Technology was not a technical degree which came
within the purview of the All India Council for Technical
Education( for short 'AICTE'), the grant of degree certificate
cannot be denied. The said judgment is subjected to an intra-
court appeal and a co-equal bench of this Court in WA
No.1116/2024 considered the issue and by judgment dated
22.08.2024, affirmed the judgment of the learned Single Judge.
5. Having considered the contentions advanced, we
notice that in the instant case also, this specific contention of
the appellants before the learned Single Judge was that he had
enrolled for the course in the year 2007 and had completed the
course in 2012. Learned counsel appearing for the appellants
does not dispute these facts. Further, we notice that though the
degree is B.Sc., in Information Technology, the appellants as
well as the UGC have not raised any contention that the said
degree is a technical degree which is subject to the AICTE
regulation.
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6. In the above view of the matter and in the light of
the judgment of this Court in WA No. 1116/2024, we are of the
opinion that the appeal cannot succeed. The direction issued
by the learned Single Judge is therefore upheld. The writ appeal
therefore fails, the same is accordingly dismissed.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(G BASAVARAJA)
JUDGE
RAK
