IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.37740 OF 2017 (EDN-RES) C/W W.P.Nos.37741/2017, 37743/2017, 37745/2017, 40006/2017, 37739/2017 & 37742/2017 In W.P.No.37740/2017 Between:
Sri.K.P.Yunus S/o Mr.Kunnhi Moideen Haji, Aged about 37 years, Kathampura Pattiyil, Edayur North Post, Maleapuram District, Kerala – 676 552.
(By Sri.Raghupathi P.H, Advocate) And:
1. The Registrar (Evaluation) Pareeksha Bhavan, Jnana Bharati Campus, Bengaluru University, Bengaluru – 560 056.
2. The Principal KIET Post Graduate Studies, & Research in Education, …Petitioner No.60/1, 7th Cross, Bismillanagar, Bannerghatta Main Road, Bengaluru – 560 029.
(By Sri.M.Jyothi, Advocate for R1; R2 served ) In W.P.No.37741/2017 Between:
...Respondents Smt.E.Shahida W/o Mr.Abdul Shukoor, Aged about 37 years, Tharavattath House, Omachapuzha Post, Mallapura District, State of Kerala – 676 320. …Petitioner (By Sri.Raghupathi P.H, Advocate) And:
1. The Registrar (Evaluation) Pareeksha Bhavan, Jnana Bharati Campus, Bengaluru University, Bengaluru – 560 056. State of Karnataka.
2. The Principal KIET Post Graduate Studies, & Research in Education, No.60/1, 7th Cross, Bismillanagar, Bannerghatta Main Road, Bengaluru – 560 029.
(By Sri.N.K.Ramesh, Advocate for R1; Sri.D.R.Ravishankar, Advocate for R2) In W.P.No.37743/2017 Between:
Sri.Amir Ali P.K S/o Mr.P.K.Ibrahim Aged about 34 years, Puliyalakunnath, Vadakkumpuram Post, Valanchari, Mallapuram District, State of Kerala – 676 552.
(By Sri.Raghupathi P.H, Advocate) And:
1. The Registrar (Evaluation) Pareeksha Bhavan, Jnana Bharati Campus, Bengaluru University, Bengaluru – 560 056. State of Karnataka.
2. The Principal KIET Post Graduate Studies, & Research in Education, No.60/1, 7th Cross, Bismillanagar, ...Respondents …Petitioner Bannerghatta Main Road, Bengaluru – 560 029. ...Respondents (By Sri.N.K.Ramesh, Advocate for R1; Sri.D.R.Ravishankar, Advocate for R2) In W.P.No.37745/2017 Between:
Vineetha Vishwanath D/o Mr.Vishwanath Aged about 33 years, Adichikkat House, Ernachikkal Post, Mokavoor, Calicut – 673 303. State of Kerala.
(By Sri.Raghupathi P.H, Advocate) And:
1. The Registrar (Evaluation) Pareeksha Bhavan, Jnana Bharati Campus, Bengaluru University, Bengaluru – 560 056. State of Karnataka.
2. The Principal St. Paul’s College of Education, No.1, 2nd Main Road, BDA Layout, Prashanth Nagar (Pattegarapalya), …Petitioner Vijayanagar West, Bengaluru – 560 079.
(By Sri.N.K.Ramesh, Advocate for R1; Sri.D.R.Ravishankar, Advocate for R2) In W.P.No.40006/2017 Between:
Toufeeq Rahman.P S/o Sri.P.Abdulla, Aged about 35 years, Pattikatt (H), Kadanna Manna Post, Mallapuram District, Kerala – 679 324.
(By Sri.Raghupathi P.H, Advocate) And:
1. The Registrar (Evaluation) Pareeksha Bhavan, Jnana Bharati Campus, Bengaluru University, Bengaluru – 560 056.
2. The Principal KIET Post Graduate Studies, & Research in Education, No.60/1, 7th Cross, Bismillanagar, Bannerghatta Main Road, Bengaluru – 560 029.
(By Smt.Jyothi.M, Advocate for R1; Sri.D.R.Ravishankar, Advocate for R2) ...Respondents …Petitioner ...Respondents In W.P.No.37739/2017 Between:
Sri.T.A.Sijumon S/o Mr.T.J.Antony, Aged about 33 years, Residing at Thonakkara House, Chakkittapura Post, Calicut District – 673 56. State of Kerala.
(By Sri.Raghupathi P.H, Advocate) And:
1. The Registrar (Evaluation) Pareeksha Bhavan, Jnana Bharati Campus, Bengaluru University, Bengaluru – 560 056. State of Karnataka.
2. The Principal St. Paul’s College of Education, No.1, 2nd Main Road, BDA Layout, Prashanth Nagar (Pattegarapalya), Vijayanagar West, Bengaluru – 560 079.
(By Smt.Jyothi.M, Advocate for R1; R2 served) …Petitioner ...Respondents In W.P.No.37742/2017 Between:
Smisha Sebastian D/o Mr.A.V.Sebastian Aged about 31 years, Fulavanthingal House, Triveni Junction, Markunmu Post, Calicut – 673 012.
(By Sri.Raghupathi P.H, Advocate) And:
1. The Registrar (Evaluation) Pareeksha Bhavan, Jnana Bharati Campus, Bengaluru University, Bengaluru – 560 056.
2. The Principal St. Paul’s College of Education, No.1, 2nd Main Road, BDA Layout, Prashanth Nagar (Pattegarapalya), Vijayanagar West, Bengaluru – 560 079.
(By Smt.Jyothi.M, Advocate for R1; R2 served) …Petitioner ...Respondents These Writ Petitions are filed under Article 226 of Constitution of India, praying to direct respondent No.1 to rectify the mistakes crept in the statement of marks (Annexure – A) and issue rectified statement of marks in favour of petitioner.
These Writ Petitions are coming on for Final Disposal, this day, the Court made the following:-
ORDER The petitioner in all the petitions have sought for following reliefs:
1. “Issue a writ of mandamus or a direction directing First Respondent to rectify the mistakes crept in the Statement of Marks (Annexure-‘A’) and issue rectified statement of marks in favour of petitioner;
2. Issue a writ of mandamus directing First Respondent to issue Degree Certificate in favour of petitioner; and 3. pass such other and further orders as this Hon’ble Court may deem fit necessary, in the interest of justice and equity.”
2. Perusal of the Annexure-A, it is evident that in respect of dissertation and viva-voce mentioned in the marks card against the petitioner it is indicated that he/she remained absent. Whereas in the objections filed in W.P.No.37740/2017 and W.P.No.40006/2017 on behalf of respondent No.1 in paragraph 2 and 3 it is stated that the petitioner is alleged to have involved in malpractice and the same objections is adopted in W.P.Nos.37741/2017, 37743/2017, 37745/2017, 37739/2017 and 37742/2017.
3. Learned counsel for respondent No.1, on instructions, submitted that computer is not accepting if the malpractice is incorporated against the dissertation and viva-voce in the marks card therefore, respondent- university have shown as absent against the subjects dissertation and viva-voce. Perusal of the objections on behalf of the respondent No.1 it is evident that malpractice issue is pending consideration. Concerned respondent/ authority-university are hereby directed to comply with whatever the formalities, if the petitioner is alleged to have involved in malpractice and conclude the matter within a period of four weeks from the date of receipt of certified copy of this order and issue appropriate marks card since the petitioner’s grievance is pending consideration from the date on which the statement of marks was issued to the petitioner i.e. on 05.12.2014 and 09.03.2015.
With the above observations, petitions stand disposed of.
Sd/- JUDGE UN