IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.39131 – 39160/2019 (EDN – RES) BETWEEN:
1 . SRI TAJINDER SINGH AGED ABOUT 29 YEARS S/O BALWINDER SINGH, TEHSIL, DERA BABA NANAK SAMRAI, GURDASAPUR, PUNJAB - 143604 2 . SRI GURPREET SINGH AGED ABOUT 28 YEARS S/O JARNAIL SINGH NADALA, DORANGLA GURDASPUR, PUNJAB - 143526 3 . SRI ARUN KUMAR BHUNIA AGED ABOUT 39 YEARS S/O CHITTARANJAN BHUNIA VILL KAMDEBPUR P.O.AKSHAY NAGAR P.S. KAKDWIP-743347 DIST SOUTH 24 PARGANAS WEST BENGAL 4 . SRI RAJKUMARKAR AGED ABOUT 38 YEARS S/O SIMANTA KUMAR KAR VILL SAMNATER CHAK P.O.AKSHAY NAGAR P.S. KAKDWIP DISTRICT SOUTH 24 PGS WEST BENGAL-743347 5 . SRI PRANAB PALIT AGED ABOUT 36 YEARS S/O APURVA PALIT WARD No.23, DABGRAM PRITILATA ROAD, SILIGURI DISTRICT, DARJEELING WEST BENGAL - 734006 6 . SRI HIMRATH SINGH AGED ABOUT 26 YEARS S/O JEEVAN SINGH 5D/8E RAILWAY ROAD, N I T FARIDABAD, HARYANA 7 . SRI PRANAVKORLA AGED ABOUT 27 YAERS S/O WG CDR P KORLA E 502, HAPPY HOME APARTMENT SECTOR – 7, DWARKA, NEW DELHI - 75 8 . SRI JATINDER SINGH AGED ABOUT 27 YEARS S/O GURBAX SINGH, KAHNUWAN ROAD, VILLAGE MAAN GURDASPUR, SIDHWAN, PUNJAB - 143529 9 . SRI NURHUSSAIN ALI AGED ABOUT 31 YEARS S/O SABOD ALI VILL/PO PUTIMARIFULESWARI PS KOTWALI, DIST COOCHBEHAR WEST BENGAL - 736157 10 . SRI NAVNEET KUMAR AGED ABOUT 32 YEARS S/O DINA NATH JOL (63/4) BIR BAGEHRA TIRA SUJAN PUR, HAMIRPUR HIMACHAL PRADESH - 176110 11 . SRI DAITYARI DAS AGED ABOUT 30 YEARS S/O HEENA DAS AT P I CHIKILI, P S KHALIKOTE DIST GANJAM, ODISHA 12 . SRI JATINDRA KUMAR MISHRA AGED ABOUT 31 YEARS S/O SANKULISWAR MISHRA, ROOM No.1, GROUND FLOOR 37TH CROSS STREET, VILL HIGH ROAD SHOLLINGALLUR, CHENNAI - 600119 13 . SRI DHIRAJ RIZAL AGED ABOUT 38 YEARS S/O MANGAL SING RIZAL LOWER FAIRIGAON, GHAYABAR - III KURSEONG DARJEELING - 734223 14 . SRI KULDEEP AGED ABOUT 25 YEARS S/O RAMEHAR SHARMA R/O BOOTH No.105, SECTOR 12A PANCHKULA, HARYANA - 134113 15 . SRI NANAK SINGH AGED ABOUT 41 YEARS S/O S.NIRMAL SINGH R/O NEW ROAD, NEAR HARVARD COLLEGE KARAN BAGH GADIGADH JAMMU - 181101 16 . SRI PAWAN KUMAR AGED ABOUT 36 YEARS S/O SH SEWA RAM R/O VILLAGE KHEPAR P O JASSORE, TEH R.S.PURA DISTRICT JAMMU - 181102 17 . SRI SACHIN GUPTA AGED ABOUT 40 YEARS S/O SH VEDPRAKASH GUPTA R/O HOUSE No.2, LANE No.28, OPP Dr. AMBEDKAR SCHOOL RAJPURA, JAMMU-180001 18 . SRI NARINDER PAL AGED ABOUT 40 YEARS S/O SH KAKU RAM VPO SERI PANDITA, TEH BHALWAL DISTT JAMMU 19 . SRI RANJAN KUMAR KOUL AGED ABOUT 35 YEARS S/O SH VEER KUMAR KOUL R/O LANE 12, BLOCK 62 FLAT No.10, JAGTI TOWNSHIP NAGROTA, JAMMU - 181221 20 . SRI TARUN SINGH AGED ABOUT 26 YEARS S/O NETAR SINGH 110B, SECTOR 14, P O SECTOR 15 PANCHKULA, NEAR KISAN BHAWAN HIMACHAL PRADESH-134113 21 . SRI LAXMI NARAYAN PADHY AGED ABOUT 47 YEARS S/O LT SHYAM SUNDARPADHY C/O MRS POONAM GUPTA LAXMI NARAYAN PADHY H.NO.1/184, GROUND FLOOR, NEAR LALITA PARK, LAXMI NAGAR NEW DELHI - 110092 22 . Ms. UPASANA SHARMA AGED ABOUT 42 YEARS D/O LATE KRISHNJI SHARMA NIRALA GREENSHIRE OPPOSITE ST. JOHN SCHOOL FLAT No.10003 G-8 SECTOR 2, GREATER NOIDA-203207 23 . SRI SATENDRA KUMAR SINGH AGED ABOUT 38 YEARS S/O MADAN SINGH D1/181 SECTOR 4, VAISHALI – GZB, GHAZIABAD-201010 24 . SRI ABHISHEK TRIPATHI AGED ABOUT 28 YEARS S/O DHRUVNARAYAN TRIPATHI B1108, 2ND FLOOR, G D COLONY MAYUR VIHAR PHASE - 110096 25 . SRI CHANDAN KUMAR AGED ABOUT 32 YEARS S/O SATENDRA KUMAR H.NO.44, GALI No.2, SADARPUR CALONY NEAR VARDHAMAN GAS AGENCY SECTOR 45, NOIDA - 201301 26 . SRI SANDEEP SINGH AGED ABOUT 25 YEARS S/O RAKESH SINGH BC- 52 WEST SHALIMAR BAGH NEW DELHI - 110088 27 . HEMLATA YADAV AGED ABOUT 28 YEARS RZ – 150, PHASE IV, BLOCK A PREMNAGAR NAJAFGARH NEW DELHI - 110043 28 . SRI AKASH SOOD AGED ABOUT 28 YEARS S/O SRI RAJEEV SOOD A 102 CHITRAKOOT DHAM PLOT No.2, SECTOR 19, DWARKA, NEW DELHI - 75 29 . KHADE KIRAN ASHOK AGED ABOUT 35 YEARS P/O SAWANA TALUKA MAHAGAON DISTRICT YAVATMAL - 445205 30 . ABHISHEK H S AGED ABOUT 27 YEARS S/O SWAMYNATH M VILL HUNSUR P/O KIRAGASURU TEHSIL NARASIPURA TALUK MYSURU – 571124, KARNATAKA ... PETITIONERS [BY SMT.KUMARI M., ADV.] AND:
KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTHRI MYSORE - 575006 REP BY ITS REGISTRAR …RESPONDENT [BY SRI RAJENDRA KUMAR SUNGAY T.P., ADV.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO ISSUE DEGREE CERTIFICATES TO THE PETITIONERS FORTHWITH, BY HOLDING CONVOCATION AND ALSO TO VERIFY THE EDUCATIONAL QUALIFICATION OF PETITIONERS 1 AND 8 AT THE EARLIEST AND ETC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have sought for the following reliefs:-
“i) Issue a writ in the nature of mandamus, directing the respondent to issue Degree Certificates to the petitioners forthwith, by holding convocation, and also to verify the educational qualification of petitioners 1 and 8 at the earliest, and;
ii) Issue a writ of mandamus, directing the respondent to permit the petitioners 15 to 19 and 22 to complete their Undergraduate courses in their respective branches and also to direct the respondent to conduct the examinations in the said course forthwith, announce the results thereof, issue marks cards and Degree Certificates to them, and;
iii) Grant such other relief/s as this Hon’ble Court deems fit to grant, in the facts and circumstances of the case including the costs, in the interest of justice and equity.”
2. Learned counsel for the petitioners would point out that in identical circumstances, in W.P.No.5050/2018 and allied matter disposed of on 09.09.2019, the cognate bench of this Court has directed the respondents to address the grievance of the students and take a decision by passing a speaking order. The petitioners being similarly situated, are entitled for the similar relief.
3. Learned counsel for the respondents does not dispute the same.
4. In view of the aforesaid, the concerned respondent is directed to pass a speaking order addressing the grievance of the petitioners. In the event, the petitioners are entitled for the Degree Certificates, the concerned authority shall release the same within a period of four weeks from the date of receipt of the certified copy of the order. In the event of non- entitlement, a speaking order in that regard shall be passed and communicated to the petitioners forthwith.
With the aforesaid observations and directions, the writ petitions stand disposed of.
In view of disposal of the writ petitions, I.A.No.2/2019 does not survive for consideration and the same stands disposed of.
PMR Sd/- JUDGE