IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.22948/2019 (EDN – RES) BETWEEN:
MEENAKSHI W/O Sh. NARENDER, AGED ABOUT 36 YEARS R/O B-121, SWAM PARK, GALI NO.2, NEAR MOTHER DAIRY, MUNDKA, NEW DELHI-110041 ... PETITIONER [BY SRI VIVEK S., ADV.] AND:
1 . KARNATAKA STATE OPEN UNIVERSITY MANASAGANGOTRI, MYSORE-570006 KARNATAKA REP. BY ITS REGISTRAR.
2 . UNIVERSITY GRANTS COMMISSION 35-FEROZE SHAH ROAD, NEW DELHI-110001 REP. BY ITS SECRETARY. …RESPONDENTS [BY SRI M.P.SRIKANTH, ADV. FOR R-1; SRI H.R.SHOWRY, ADV. FOR R-2.] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER DATED 28.12.2018 ISSUED BY R-1, PRODUCED AS ANNEXURE-N.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has assailed the communication dated 28.12.2018 issued by respondent No.1, inter alia, seeking a direction to respondent No.1 to issue a degree certificate in pursuance of the marks sheets issued on 24.11.2012 and 06.12.2014.
2. It is contended that the petitioner was enrolled with respondent No.1 – University for the study of post graduation Master of Commerce during the academic year 2011 to 2013. The marks sheets were issued during May/June, 2012 and June/July, 2013 for the M.Com. degree examination, the copy of which is placed on record at Annexure – F.
3. Learned counsel for the petitioner would contend that the public notice issued by the UGC – respondent No.2 dated 16.06.2015 which states that the courses offered by respondent No.1 beyond academic session 2012-13 shall not be recognised is not applicable to the facts of the present case. Reliance is placed on the order of this Court in the case of Smt. Snehalatha P. vs. State of Karnataka and others reported in 2016 SCC Online Kar 550.
4. Learned counsel for the respondents does not dispute the same.
5. In view of the aforesaid, it is clear that the post graduation marks sheets being given to the petitioner earlier to the withdrawal of the recognition by the UGC, the petitioner is entitled to the reliefs sought for.
6. Hence, the communication dated 28.12.2018 issued by respondent No.1 at Annexure – N is quashed. Respondent No.1 is directed to issue the degree certificate in pursuant to the marks sheets issued on 24.11.2012 and 06.12.2012 at Annexure – F, if otherwise eligible.
The writ petition stands disposed of in terms of the above.
Sd/- JUDGE PMR