1
IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH
DATED THIS THE 13 TH DAY OF NOVEMBER 2014
BEFORE
THE HON’BLE MR.JUSTICE DILIP B. BHOSALE
W.P.Nos.205996 & 206013-031/2014 C/W W.P.Nos.205911-205971/2014, W.P.Nos.206032-206053/2014, W.P.Nos.206054-206061/2014, W.P.Nos.206066-206076/2014, W.P.Nos.206077-206093/2014, W.P.Nos.206126 & 206156-161/2014, W.P.Nos.206131 & 206138-155/2014 AND W.P.Nos.206125 & 206162-172/2014 (EDN-ADMN)
WRIT PETITION Nos.205996 & 206013-031/2014:
BETWEEN:
1. Mahesh S/o Shivaraj Age: 20 years, Occ: Student, R/o Talikoti, Tq. Muddebihal, Dist: Bijapur-586101.
2. Shivanand S/o Vishwanathayya Age: 22 years, Occ: Student, R/o Basavakalyan, Dist: Bidar-585401.
3. Sharanabasava S/o Mallikarjun Age: 23 years, Occ: Student, R/o Basavakalyan, Dist: Bidar-585401. 2
4. Mahesh S/o Rachanna Age: 23 years, Occ: Student, R/o Basavakalyan, Dist: Bidar-585401.
5. Vinay S/o Dilipkumar Age: 21 years, Occ: Student, R/o Basavakalyan, Dist: Bidar-585401.
6. Premkumar S/o Vijaykumar Age: 21 years, Occ: Student, R/o Talikoti, Tq. Muddebihal, Dist: Bijapur-586101.
7. Veershetty S/o Sharanappa Age: 19 years, Occ: Student, R/o Basavakalyan, Dist: Bidar-585401.
8. Rachayyaswamy S/o Bandayya Age: 24 years, Occ: Student, R/o Raichur-584101.
9. Dayanand S/o Subhash Age: 24 years, Occ: Student, R/o Bidar-585401.
10. Anand S/o Subhash Age: 23 years, Occ: Student, R/o Yadgir-585201.
11. Mahesh S/o Mukundrao Age: 26 years, Occ: Student, R/o Bidar-585401.
12. Vinod S/o Bhemanna Age: 22 years, Occ: Student, R/o Bidar-585401. 3
13 Akash S/o Vishwanath Age: 20 years, Occ: Student, R/o Bidar-585401.
14. Shashikanth S/o Tuljaram Age: 24 years, Occ: Student, R/o Panchasheel Nagar, Gulbarga-585102.
15. Mallikarjun S/o Raghunath Age: 26 years, Occ: Student, R/o Kushanur, Tq. Aurad, Dist. Bidar-585401.
16. Tulsamma D/o Gundappa Age: 20 years, Occ: Student, R/o Bidar-585401.
17. Anusoyya D/o Umajirao Age: 21 years, Occ: Student, R/o Hunushal, Tq. Humanabad, Dist: Bidar-585401.
18. Santosh S/o Vaijinath Age: 22 years, Occ: Student, R/o Anadur, Dist: Bidar-585401.
19. Yohan S/o Javinath Age: 24 years, Occ: Student, R/o Bhalki, Dist: Bidar-585401.
20. Rameshgouda S/o Lingannagouda Age:25 years, Occ: Student, R/o Mallabad, Tq. Jewargi, Dist: Gulbarga-585310.
…Petitioners (By Smt. Sharada R. Patil, Advocate) 4
AND:
1. The Chief Secretary, Govt. of Karnataka, Higher Education Department, Bangalore-5860001.
2. The Registrar Gulbarga University, Gulbarga-585101.
... Respondents
(By Sri. Shivakumar Tengli, AGA for R1, By Sri. R.V. Nadagouda, Advocate for R2)
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to quash the order dated 23.09.2014, with SL.No.GUG/2014-15 6579 University, Gulbarga, which is at Annexure ‘D’.
W.P.Nos.205911-205971/2014:
BETWEEN
1. Hanamanta S/o Sannapullayya Age: 30 years, Occ: Student, R/o Adarsh Nagar, Gulbarga.
2. Bharati D/o Malkappa Age: 35 years, Occ: Student, R/o Badepur Colony, Gulbarga.
3. Basavaraj S/o Sakrappa Age: 25 years, Occ: Student, R/o Om Nagar, Gulbarga.
4. Goutam S/o Shivashranappa Age: 20 years, Occ: Student, 5
R/o Azadpur, Gulbarga.
5. Ravikiran S/o Basavanappa Age: 22 years, Occ: Student, R/o Gubbi Colony, Gulbarga.
6. Shivanand S/o Nijayya Age: 21 years, Occ: Student, R/o Ganesh Nagar, Gulbarga.
7. Nitin S/o Suryakant Age: 22 years, Occ: Student, R/o Satnraswadi, Gulbarga.
8. Ningappa S/o Ramanna Age: 20 years, Occ: Student, R/o STBT Road, Gulbarga.
9. Shridevi D/o Chandrappa Age: 20 years, Occ: Student, R/o Darga, Gulbarga.
10. Sarita D/o Harishchandra Age: 21 years, Occ: Student, R/o Bank Colony, Gulbarga.
11. Mahantayya S/o Shambulingayya Age: 25 years, Occ: Student, R/o Prashant Nagar, Gulbarga.
12. Sangeeta D/o Shankarao Age: 28 years, Occ: Student, R/o Kusnoor Road, Gulbarga.
13. Nitin S/o Siddarth Age: 22 years, Occ: Student, R/o University Road, Gulbarga. 6
14. Jyoti D/o Dhondiba Kalambe Age: 21 years, Occ: Student, R/o KCT Colony, Gulbarga.
15. Revanasiddappa S/o Mallappa Age: 22 years, Occ: Student, R/o Kapanoor Road, Gulbarga.
16. Archana D/o Dharmaraj Age: 21 years, Occ: Student, R/o Aland Check Post, Gulbarga.
17. Aishwarya D/o Shivayogappa Age: 19 years, Occ: Student, R/o Maktampur, Gulbarga.
18. Gonda Sudhir S/o Ramchandra Age: 19 years, Occ: Student, R/o Gazipur, Gulbarga.
19. Rajashekar S/o Shivakumar Age: 23 years, Occ: Student, R/o Siddeshwar Nagar, Gulbarga.
20. Waseemakram S/o Azemuddin Age: 23 years, Occ: Student, R/o Bulland Dharwaj Colony, Gulbarga.
21. Manjunath S/o Jagannath Age: 20 years, Occ: Student, R/o Bare Hills, Gulbarga.
22. Syed Hider Ali S/o Moula Ali Age: 22 years, Occ: Student, R/o Jay Nagar, Gulbarga. 7
23. Syed Sarwerali S/o Moula Ali Age: 23 years, Occ: Student, R/o Pooja Colony, Gulbarga.
24. Bheemuikumar S/o Shivakumar Age: 20 years, Occ: Student, R/o Rajapur, Gulbarga.
25. Priyanka D/o Chandrakant Age: 19 years, Occ: Student, R/o Gubbi Colony, Gulbarga.
26. Shivaling S/o Shivasharanappa Age: 20 years, Occ: Student, R/o M.B. Nagar, Gulbarga.
27. Sushma D/o Manohar Age: 19 years, Occ: Student, R/o Gunj Colony, Gulbarga.
28. Nandini D/o Sharnagouda Age: 20 years, Occ: Student, R/o Shivaji Nagar, Gulbarga.
29. Veeresh S/o Channappa Age: 20 years, Occ: Student, R/o Milland Colony, Gulbarga.
30. U.K. Sunilkumar S/o U.Kanakaprasad Age: 22 years, Occ: Student, R/o Munim Sangh, Gulbarga.
31. Aishwarya D/o Gurushantappa Age: 20 years, Occ: Student, R/o S.B. College, Gulbarga.
32. Nagarj S/o Ashok 8
Age: 22 years, Occ: Student, R/o Sharan Nagar, Gulbarga.
33. Yuvaraj S/o Shreeshail Age: 20 years, Occ: Student, R/o Aiwan-E-Shahi, Gulbarga.
34. Mehul Gawli S/o Pradeep Gawli Age: 20 years, Occ: Student, R/o Station Road, Gulbarga.
35. Pradeep S/o Ambaraya Age: 20 years, Occ: Student, R/o Tarfail, Gulbarga.
36. Ambikabai D/o Mallikarjun Age: 20 years, Occ: Student, R/o Venkatesh Nagar, Gulbarga.
37. Anil .H. Awanti S/o Hunchappa Age: 19 years, Occ: Student, R/o Sai Colony, Gulbarga.
38. Fatima D/o Hamidmiyan Age: 25 years, Occ: Student, R/o Ram Mandir, Gulbarga.
39. Santosh S/o Eranna Age: 19 years, Occ: Student, R/o Jewargi Colony, Gulbarga.
40. Ambika D/o Rajashekhar Age: 19 years, Occ: Student, R/o Jewargi Colony, Gulbarga.
41. Vinay S/o Dundappa Age: 20 years, Occ: Student, 9
R/o P & T Colony, Gulbarga.
42. Vishal S/o Dundappa Age: 20 years, Occ: Student, R/o Santosh Colony, Gulbarga.
43. Sunilkumar S/o Ramchandra Age: 20 years, Occ: Student, R/o MSK Mill Road, Gulbarga.
44. Bhagyashree D/o Siddanna Age: 19 years, Occ: Student, R/o Bank Colony, Gulbarga.
45. Vinod Chimadi S/o Basavaraj Age: 21 years, Occ: Student, R/o Jewargi Colony, Gulbarga.
46. Shreya D/o Sangamesh Age: 21 years, Occ: Student, R/o KHB Colony, Gulbarga.
47. Moulali S/o Chand Age: 22 years, Occ: Student, R/o Shiv Mandir, Gulbarga.
48. Jafar Patel S/o Ahammad Patel Age: 22 years, Occ: Student, R/o Ganesh Mandir, Gulbarga.
49. Hanamantraya S/o Jetteppa Age: 20 years, Occ: Student, R/o Laxxmi Mandir, Gulbarga.
50. Ashwini D/o Mallanna Age: 20 years, Occ: Student, R/o Govt. Degree Colony, Gulbarga. 10
51. Bhavani D/o Laxman Age: 20 years, Occ: Student, R/o RTO Sedam Road, Gulbarga.
52. Mustak Madarkar S/o Saheb Patil, Age: 20 years, Occ: Student, R/o Police Colony, Gulbarga.
53. Shobha D/o Namdev Age: 19 years, Occ: Student, R/o Revansiddeshwar Colony, Gulbarga.
54. Vishalkumar S/o Shivaji Age: 22 years, Occ: Student, R/o Smarat Colony, Gulbarga.
55. Rohini D/o Sanjukumar Age: 20 years, Occ: Student, R/o Vithal Nagar, Gulbarga.
56. Bhuvaneshwari D/o Panchakshari Age: 19 years, Occ: Student, R/o Kalnoor, Tq & Dist, Gulbarga.
57. Arvind Kumar S/o Siddappa Sullad Age: 18 years, Occ: Student, R/o Shahabad, Tq. Chittapur, Dist. Gulbarga.
58. Sunanda D/o Bheemashankar Age: 20 years, Occ: Student, R/o Wadi, Tq. Chittapur, Dist. Gulbarga.
59. Anuradha D/o Shivasharanappa 11
Age: 25 years, Occ: Student, R/o Gulbarga.
60. Shirshailkumar S/o Gollalappa Age: 20 years, Occ: Student, R/o Gulbarga.
61. Sandeepkumar Neelkant Age: 21 years, Occ: Student, R/o Gulbarga. …Petitioners (By Sri. Ashok .S. Kinagi Advocate)
AND
1. The Registrar Gulbarga University, Gulbarga 585106.
2. The Principal Guruji Arts & Commerce Degree College, Basava Complex, Opp KGB Bank, Basaveshwar Colony, Gulbarga-585104.
3. The Principal Luqman Degree College of Science & Arts, Badepur Colony Dargah Road, Gulbarga-585105.
4. The Principal Govt. Degree College, Gulbarga-585105.
5. The Principal M.S. Irani Degree College Arts, Science & Commerce, Gulbarga-585102. 12
6. The Principal Sharanbasaveshwar College of Science, Gulbarga-585103.
7. The Principal S.S. Tegnoor Degree College, H.No.2-907/14/20/9, Gubbi Colony, Badepur, Gulbarga 585105.
8. The Principal National Degree College of Arts & Commerce, Dargah Road, Gulbarga-585105.
9. The Principal Reshmi Education & Charitable Trust, Reshmi Vidya Bhavan, Saraswatipur, Kusnoor Road, Gulbarga-585106.
10. The Principal Shri Sai Education Society’s Sri Sai Degree College of Computer, Applications, Gulbarga-585106.
….Respondents (By Sri. R.V. Nadagouda Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to issue order or writ or direction in the nature of certiorari quashing Circular No. UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 d ated 23.09.201/11-10-2014 vide Annexure- ‘C’ passed by the 1 st respondent for the Academic year 2014-15 and etc. 13
WRIT PETITION Nos. 206032-53/2014:
BETWEEN:
1. Mohd. Saifuddin S/o Nizamuddin Age: 20 years, Occ: B.Com., Student, R/o H.No.3-1-60 Berron Quilla, Zakir Hussain Chowk, Raichur.
2. Mohammed Rafi S/o Mohammed Meheboob Age: 21 years, Occ: B.Com., Student, R/o Raichur.
3. Jayasimha S/o Vanktesh .M Age: 20 years, Occ: BCA Student, R/o H.No. 8-5-80/2, Harijnawada, Gadwal Road, Raichur.
4. Shruthi D/o Mounappa Age: 19 years, Occ: B.Sc. Student, R/o H.No. Room No.15, B-Block, Near S.P. Office, Raichur.
5. Soundrarya K.S. D/o Satyanarayana K.P. Age: 18 years, Occ: B.A. Student, R/o Jyothi Colony, Raichur.
6. Thirumala S/o Gopal Age: 23 years, Occ: B.A. Student, R/o Raichur.
7. Shrikanth P. S/o Govndappa P. Age: 22 years, Occ: B.A. Student, R/o Raichur. 14
8. Syeda Shaista Samreen D/o Syed Aleem Age: 24 years, Occ: B.Com. Student, R/o Raichur.
9. Prashant S/o Venkatesha Age: 21 years, Occ: B.Com. Student, R/o Sindhnoor, Dist: Raichur.
10. Urmila D/o Veeresh Reddy Age: 19 years, Occ: B.Com. Student, R/o H.No.12-8-305, New Madaravadi, Raichur.
11. Ambika D/o Balaji Rao Age: 21 years, Occ: B.A. Student, R/o Raichur.
12. Veena S. D/o Shankar Rao Age: 19 years, Occ: B.A. Student, R/o Raichur.
13. Praveen S/o Balaji Age: 21 years, Occ: Student, R/o Raichur.
14. Asha D/o Maksood Miya Age: 35 years, Occ: B.A. Student, R/o H.No.1-4-88/245/1, Telicom Colony, Raichur.
15. Rohini D/o Basavaraj Age: 22 years, Occ: B.A. Student, R/o Raichur.
16. Hasainsab S/o Hussainsab Takeed Age: 21 years, 15
Occ: B. Com, Student, R/o Raichur.
17. Vikas Mallel S/o Karan Kumar Age: 25 years, Occ: B. Com. Student, R/o Raihcur.
18. Swapnan D/o Nagaraj Age: 20 years, Occ: B.A. Student, R/o H.No.2-2-271, Nijalingappa Colony, Raichur.
19. Pramod Kumar S/o Prabhu Age: 22 years, Occ: B.Com. Student, R/o Post: Nelehal, Dist: Raichur.
20. Divya Shanthi D/o Narasangouda Age: 23 years, Occ: B.A. Student, R/o H.No.1-4-157/122, Amareshwar Colony, Ashapur Road, Raichur.
21. Durgappa S/o Tayappa Age: 23 years, Occ: B.A. Student, R/o Raihcur.
22. Raghavendra S/o Thimmappa Age: 22 years, Occ: B.Sc. Student, R/o Raichur.
…Petitioners
(By Sri. Shivasharan Reddy, Advocate) 16
AND:
1. The Registrar Gulbarga University, Gulbarga.
2. The Karnataka State Open University Manasagangotri, Mysore-571001. Represented by its Registrar.
3. The Principal Shree Anand Degree College, Raichur-584101.
4. The Principal Thomas Degree College, Raichur-584101.
5. The Principal L.V.D. College, Raihcur-584101.
6. The Principal Methodists Degree College, Raichur-584101.
7. The Principal Seva College, Raichur-584101.
8. The Principal Mourya College, Raichur-584101.
9. The Principal Govt. Degree College, Sindhanoor, Dist: Raichur-584101.
10. The Principal H.C.N.S.U. Degree College, Raichur-584101. 17
11. The Principal Sri. Ramakrishna Degree College, Raichur-584101.
12. The Principal D.K. Bhandari Degree College, Raichur-584101.
13. The Principal Government Degree College, Raihcur-584101.
... Respondents
(By Sri. R.V. Nadagouda Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to issue a writ in the nature of certiorari by quashing the notification (circular) No. PÀæ.£ÀA.UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 d ated 23.09.201/11-10-2014 vide Annexure- ‘E’ to their writ petition passed by respondent No.1 and etc.
WRIT PETITION Nos.206054-206061/2014:
BETWEEN:
1. Shantamma D/o Nagappa Metri Age: 20 years, Occ: B.Sc. Student, R/o Valakindi, Tq. Humnabad, Dist: Bidar.
2. Bassamma D/o Mallinath Saali Age: 25 years, Occ: B.A. Student, R/o Saraf Bazar, Gulbarga.
3. Jagannath S/o Ashok Bhovi 18
Age: 22 years, Occ: B.Sc. Student, R/o Hegade Nagar, Gulbarga.
4. Sharanbasappa S/o Laxman Roopnoor Age: 24 years, Occ: B.Com. Student, R/o Dubai Colony, Gulbarga.
5. Siddaram S/o Rajshekar Martoor Age: 24 years, Occ: B.Com. Student, R/o Dubai Colony, Gulbarga.
6. Revansiddappa S/o Mallinath Khemaji Age: 22 years, Occ: B.Sc. Student, R/o Shah Bazar, Gulbarga.
7. Kiran Kumar S/o Mallanna Madiwalkar Age: 21 years, Occ: B.Sc. Student, R/o Andola, Tq. Jewargi, Dist: Gulbarga.
8. Akash S/o Vinodrao Kulkarni Age: 22 years, Occ: B.Com. Student, R/o Gulbarga.
….Petitioners (By Sri. Shivasharan Reddy, Advocate)
AND:
1. The Registrar Gulbarga University, Gulbarga-585103.
2. The Karnataka State Open University Manasagangotri, Mysore-571001, Represented by its Registrar. 19
3. The Principal Reshmi Education & Charitable Trust, Saraswatipuram Kusnoor Raod, Gulbarga-585103.
4. The Principal Vijay Vidyalaya Methodists Degree College, Of Arts & Commerce, Gulbarga-585103.
5. The Principal S.S. Tegnoor Degree College, Gulbarga-585103.
6. The Principal Sai Presidency Degree College, Of B.A., B.Com, Renuka Complex, Above Krishna Grameena Bank, High Court Road, Ram Mandir Circle, Gulbarga-585103.
7. The Principal M.S. Irani Degree College of Arts Science & Commerce, Gulbarga-585103. ….Respondents
(By Sri. R.V. Nadagouda, Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to issue a writ in the nature of certiorari by quashing the notification (circular) No. PÀæ.£ÀA.UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 d ated 23.09.201/11-10-2014 vide Annexure- ‘D’ to their writ petition passed by respondent No.1. 20
WRIT PETITION Nos. 206066-206076/2014:
BETWEEN:
1. Yankappa S/o Sannahanumantappa Age: 25 years, Occ: B.Sc. Student, R/o At & Post: Talakeri, Tq. Yalburga, Dist: Raichur.
2. Pawan S/o Narasappa Age: 20 years, Occ: B.Sc. Student, R/o Yadgir, Dist: Yadgir.
3. Navyashree D/o Narasappa Age: 20 years, Occ: B.Sc. Student, R/o Yadgir, Dist: Yadgir.
4. Suresh Kumar S/o Bangareppagouda Age: 21 years, Occ: B.Sc. Student, R/o Ramasamudra, Tq. & Dist: Yadgir.
5. Lilly Margaret D/o Baskar Age: 20 years, Occ: B.Sc. Student, R/o Wadi, Tq. Chittapur, Dist: Gulbarga.
6. Prashant S/o Shivashankar Age: 18 years, Occ: B.Sc. Student, R/o Yadgir, Tq.& Dist: Yadgir.
7. Santosha S/o Shivaling Age: 19 years, Occ: B.Sc. Student, R/o Yadgir, Tq. & Dist: Yadgir.
8. Sunil Kumar S/o Vithal Rao Kumar Age: 21 years, Occ: B.Sc. Student, R/o Yadgir, Tq. & Dist: Yadgir.
9. Rajnikantha S/o Milarappa H Age: 21 years, Occ: B.Sc. Student, 21
R/o Raichur.
10. Abdul Rauffsiddiqui S/o Abdul Razzak Age: 22 years, Occ: B.Sc. Student, R/o Yadgir, Tq. & Dist: Yadgir.
11. Sannabasamma D/o Bheemanna Age: 19 years, Occ: B.Sc. Student, R/o Yadgir, Tq. & Dist: Yadgir.
….Petitioners (By Sri. Shivasharan Reddy, Advocate)
AND:
1. The Registrar Gulbarga University, Gulbarga-585103.
2. The Karnataka State Open University, Manasagangotri & Mukthagangotri, Mysore-570001. Represented by its Registrar.
3. The Principal Nivedita Arts & Science Degree College, Yadgir-585202.
….Respondents
(By Sri. R.V. Nadagouda, Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to issue a writ in the nature of certiorari by quashing the notification (circular) No. PÀæ.£ÀA.UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 d ated 23.09.201/11-10-2014 vide Annexure- ‘D’ to their writ petition passed by respondent No.1. 22
W.P.Nos.206077-206093/2014:
BETWEEN:
1. Revansiddappa S/o Bhimray Age: 21 years, Occ: B.Com. Student, R/o Industrial Area, Yadgir.
2. Vishwanath S/o Ramachandra Mehatha Age: 21 years, Occ: B.Com. Student, R/o Yadgir, Dist: Yadgir.
3. Shilpa D/o Narsing Chavan Age: 22 years, Occ: B.Com. Student, R/o Yadgir, Dist: Yadgir.
4. Mallikarjun S/o Mahadevappa Age: 21 years, Occ: B.Com. Student, R/o Yadgir, Dist: Yadgir.
5. Honnappa S/o Badappa Age: 22 years, Occ: B.Com. Student, R/o Yadgir, Dist: Yadgir.
6. Abdul Basha S/o Jilani Sab Age: 23 years, Occ: B.Com. Student, R/o Hurusagundigi, Tq. Shahapur, Dist: Yadgir.
7. Mallappa S/o Malleshappa Age: 30 years, Occ: B.Com. Student, R/o Bandalli, Tq. & Dist: Yadgir.
8. Khandappa S/o Mahadevappa Age: 22 years, Occ: B.Com. Student, R/o Hurusagundigi, Tq. Shahapur, Dist: Yadgir.
9. Manjunanth Basavaraj S/o Basavaraj Age: 23 years, Occ: B.Com. Student, 23
R/o Hurusagundigi, Tq. Shahapur, Dist: Yadgir.
10. Laxmi D/o Sanganna Age: 23 years, Occ: B.Com. Student, R/o Vadnalli, Tq. & Dist. Yadgir.
11. Vishal Kumar S/o Mallayya Age: 20 years, Occ: B.A. Student, R/o Yadgir, Tq. & Dist. Yadgir.
12. Nagappa S/o Basappa Age: 23 years, Occ: B.A. Student, R/o Kadamgera, Tq. Shahapur, Dist: Yadgir.
13. Mohan Kumar S/o Mallanna Age: 21 years, Occ: B.A. Student, R/o Yadgir, Tq. & Dist. Yadgir.
14. Shiva Kumar S/o Mallikarjuna Age: 25 years, Occ: B.A. Student, R/o Yadgir, Tq. & Dist. Yadgir.
15. Mahmad Rafi Saleem Sab Gulami S/o Saleem Sab, Gulami, Age: 22 years, Occ: B.A. Student, R/o Kurukundi, Tq. Shahapur & Dist. Yadgir.
16. Prabhugouda S/o Malakareddy Age: 22 years, Occ: B.A. Student, R/o Yadgir, Tq. & Dist. Yadgir.
17. Monappa S/o Mareppa 24
Age: 25 years, Occ: B.A. Student, R/o Tadibidi, Tq. Shahapur & Dist. Yadgir.
…Petitioners (By Sri. Shivasharana Reddy, Advocate)
AND:
1. The Registrar Gulbarga University, Gulbarga-585103.
4. The Karnataka State Open University, Manasagangotri, & Mukthagangotri, Mysore-570001. Represented by its Registrar.
5. The Principal Mallika Degree College, Yadgir-585202. ….Respondents
(By Sri. R.V. Nadagouda, Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to issue a writ in the nature of certiorari by quashing the notification (circular) No. PÀæ.£ÀA.UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 d ated 23.09.201/11-10-2014 vide Annexure- ‘D’ to their writ petition passed by respondent No.1 and etc.
W.P.Nos.206126 & 206156-161/2014:
BETWEEN:
1. Renuka D/o Hanumayya Age: 22 years, Occ: Student, R/o Post Markal (M), 25
Tq: Shahapur District Yadigri-585201.
2. Channabasappa S/o Nagappa Age: 23 years, Occ: Student, R/o Post Channur, Tq: Shahapur District Yadigri-585201.
3. Yankappa S/o Mareppa Meti Age: 23 years, Occ: Student, R/o Post Abhishal, Tq: Shahapur District Yadigri-585201.
4. Geeta D/o Somashekharayya Age: 21years, Occ: Student, R/o Post Halaypet, Tq: Shahapur District Yadigri-585201.
5. Chandrakala D/o Somashekharayya Age: 20years, Occ: Student, R/o Post Halayapet, Tq: Shahapur District Yadigri-585201.
6. Harikrishna S/o Erannagoudas Age: 23 years, Occ: Student, R/o Post Herapur, Tq: and District Raichur.
7. Satish D/o Mallikarjun Age: 23 years, Occ: Student, R/o Post Chika Sindagi Tq: Sindagi District Bijapur. …Petitioners (By Sri. Shivasharana Reddy, Advocate)
AND:
1. The Registrar Gulbarga University, Gulbarga-585104 26
2. The Karnataka State Open University, Muktagangotri, Mysore-570006. Represented by its Registrar.
3. The Principal Banasiri Degree College Hirewadagera, Tq: Shahapur District Yadagiri-585201. ….Respondents (By Sri. R.V. Nadagouda, Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to allow this writ petition and issue a writ of certiorari or any other appropriate writ or order for direction to quash the order dated 23.09.2014 passed by the respondent No.1 Bearing No. UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 produced at Annexure-A and etc.
W.P.Nos.206131 & 206138-155/2014:
BETWEEN:
1. Sharanappa S/o Basavaraj Age: 21 years, Occ: Student, R/o Mailapur, Tq. and District Yadgiri-585201.
2. Aravind S/o Sourappa Age: 21 years, Occ: Student, R/o Azalapur, Tq. and District Yadgiri-585201.
3. Md. Intehaz S/o Md. Hasansab Age: 21 years, Occ: Student, R/o Tq. and District Yadgiri-585201.
4. Bhimashankar S/o Gurunathappa Age: 20 years, Occ: Student, R/o Mailapur, Tq. and District Yadgiri-585201. 27
5. Eshwarappa S/o Marthandappa Age: 21 years, Occ: Student, R/o Mailapur, Tq. and District Yadgiri-585201.
6. Subhas S/o Veeranna Age: 20 years, Occ: Student, R/o Mailapur, Tq. and District Yadgiri-585201.
7. Arunakumar S/o Subash Age: 21 years, Occ: Student, R/o Mailapur, Tq. and District Yadgiri-585201.
8. Kumar S/o Devaram Age: 20 years, Occ: Student, R/o Anikeri Ramanayak Tanda, Tq. Chitapur District Gulbarga-585102.
9. Monesh S/o Shivappa Age: 21 years, Occ: Student, R/o Kanapur Tq. Shahapur District Yadgiri-585201.
10. Beerling S/o Sharanappa Age: 20 years, Occ: Student, R/o Tq. and District Yadgiri-585287.
11. Shashidhar S/o Hanumanth Age: 19 years, Occ: Student, R/o Tq. and District Yadgiri-585287.
12. Bandappagouda S/o Siddalingappa Age: 19 years, Occ: Student, R/o Lingegri Tq. Shahapur District Yadgiri-585287.
13. Vishwanath D S/o Dattatraya 28
Age: 20 years, Occ: Student, R/o Wadi, Tq. Chitapur District Gulbarga-585102.
14. Raghavendra S/o Girimallappa Age: 21 years, Occ: Student, R/o Tadibidi, Tq: Shahapur District Yadgiri-585287.
15. Bhimappa S/o Shankarappa Age: 20 years, Occ: Student, R/o Idloor, Tq and District Yadgiri-585287.
16. Ravikumar S/o Siddanna Age: 21 years, Occ: Student, R/o Hattikuni, Tq. and District Yadgiri-585287.
17. Nagaraj S/o Chandrakanth Age: 21 years, Occ: Student, R/o Tq. and District Yadgiri-585287.
18. Triveni D/o Mallayya Age: 19 years, Occ: Student, R/o Tq. and District Yadgiri-585287.
19. Sagar S/o Nagappa Age: 21 years, Occ: Student, R/o Tq. and District Yadgiri-585287.
…Petitioners (By Sri. V.S. Patil, Advocate)
AND:
1. The Registrar Gulbarga University, Gulbarga-585104
2. The Karnataka State Open University, 29
Muktagangotri, Mysore-570006. Represented by its Registrar.
3. The Principal Chandrashekhar Education Society’s Degree College of Arts, Science & BBM, Tq: and District Yadagiri-585201.
….Respondents
(By Sri. R.V. Nadagouda, Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to allow this writ petition and issue a writ of certiorari or any other appropriate writ or order for direction to quash the order dated 23.09.2014 passed by the respondent No.1 Bearing No. PÀæ.£ÀA.UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 produced at Annexure-A.
W.P.Nos.206125 & 206162-172/2014:
BETWEEN:
1. Surekha D/o Venkanagouda Age: 20 years, Occ: Student, R/o Post Diggi, Tq: Shahapur District Yadgiri-585201.
2. Revanasidda S/o Siddaramayya Age: 22 years, Occ: Student, R/o Chamanal Tq: Shahapur District Yadgiri-585201.
3. Malappa Kondaguli S/o Sharanappa Age: 22 years, Occ: Student, R/o Post Ahour, Tq: Shahapur District Yadgiri-585201. 30
4. Khurshid S/o Lalasab Age: 24 years, Occ: Student, R/o Post Hadnur, Tq: Shahapur District Yadgiri-585201.
5. Shivasharan S/o Siddanna Age: 22 years, Occ: Student, R/o Chanur (K) Post Vandurga, Tq: Shahapur District Yadgiri-585201.
6. Sahebgouda S/o Virupaxappa Age: 22 years, Occ: Student, R/o Harlahali, Tq: Shahapur District Yadgiri-585201.
7. Ayyanna S/o Shankreppa Age: 22 years, Occ: Student, R/o Post halayya (B), Tq: Shahapur District Yadgiri-585201.
8. Srinivas Nayak B. S/o Manappa Nayak Age: 22 years, Occ: Student, R/o Post Vandurga, Tq: Shahapur District Yadgiri-585201.
9. Shivapurtrappa S/o Kalappa Age: 22 years, Occ: Student, R/o Post Rajapur (B), Tq: Shahapur District Yadgiri-585201.
10. Dharmaraj S/o Ninganagouda Age: 23 years, Occ: Student, R/o Post Hothpeth, Tq: Shahapur District Yadgiri-585287.
11. Chaitra D/o Chanrashekharayya Age: 20 years, Occ: Student, R/o Gandhi Chowk, Tq: Shahapur District Yadgiri-585287. 31
12. Shruti D/o Devindrappa Age: 20 years, Occ: Student, R/o Gandhi Chowk, Tq: Shahapur District Yadgiri-585287.
…Petitioners
(By Sri. V.S. Patil, Advocate)
AND:
1. The Registrar Gulbarga University, Gulbarga-585104
2. The Karnataka State Open University, Muktagangotri, Mysore-570006. Represented by its Registrar.
3. The Principal Yashawin Degree College Shahapur, of Arts & BBM, Tq: Shahapur District: Yadagiri-585201.
….Respondents (By Sri. R.V. Nadagouda, Advocate for R1)
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to allow this writ petition and issue a writ of certiorari or any other appropriate writ or order for direction to quash the order dated 23.09.2014 passed by the respondent No.1 Bearing No. PÀæ.£ÀA.UÀÄ«UÀÄ/«ªÀÄ«/2014-15/6579 produced at Annexure-A and etc. 32
These writ petitions coming on for orders this day, the Court made the following:
PC:
In this batch of writ petitions filed by petitioner-
students under Article 226 of the Constitution of India,
the Circular dated 23.09.2014, issued by Gulbarga
University, is under challenge. The Circular reads
thus:
“Sub: Admission denied to the students who have passed the course of 10 + 2, not equivalent to PUC Course. Ref: 1) The approval of all the Unit Deans Dt.09/09/2014. 2) The approval of Vice Chancellor, Dt.20/09/2014 * * * * * * The students who have passed the examinations, which are not equivalent to PUC Course like Paramedical, Bridge Course (of Open University) and of ITI, are not eligible for admission to the Degree courses of BA/B.Sc/B.Com/BBM/BSW. It is brought to notice of the Principals of the Colleges that if they give opportunities of admissions to such students, they shall be directly responsible for doing so.
Sd/- Registrar (Administration) Gulbarga University Gulbarga”
(Emphasis supplied) 33
2. The petitioner-students state that they have completed “Degree Bridge Course, second year” of
Karnataka State Open University, Mysore, and it is equivalent to 12 th /PUC-II. According to learned counsel for the respondent – University, the respondent-
University issued the impugned circular in view of the decision taken/ resolution passed by the Unit of Deans of all faculties (for short ‘the Deans’) in their meeting held on 09.09.2014. In the said meeting, which was attended by Vice Chancellor, Dean-faculty of Social
Science, Dean-faculty of Education, Dean-faculty of
Commerce, Dean-faculty of Arts and Dean-faculty of
Law, the Deans considered whether students, who have passed “Bridge Course” from Karnataka Open
University, Mysore, could be given admission to degree courses in the Gulbarga University. In the meeting, as it appears from the proceedings dated 09.09.2014, they passed the following resolution: 34
“Resolution :
Clause(1) Regulations governing the Bachelor of Arts/Commerce/Science degree course dealing with eligibility for admission clearly states that, only such candidates who have passed two years Pre-University Examination of Karnataka State or any other Examination recognized as equivalent thereto, are only eligible for Degree courses.
However, candidates who have passed two years Job Oriented Pre-University Diploma Examinations conducted by the Directorate of Vocational Examination of Karnataka are also eligible.
But, as per the regulations, the candidates who have passed a Bridge course of Karnataka State Open University, Mysore being neither two years Pre-University course nor two years Job Oriented Pre-University Diploma course are not eligible for admission to degree course in Gulbarga University, Gulbarga.
Hence, it is resolved that, the matter be accordingly decided by the appropriate authorities of the University for further necessary action.”
3. From bare perusal of the impugned circular dated
23.09.2014 and the resolution passed by the Deans dated 09.09.2014, it is clear that what they considered
was whether the students, having passed “Bridge
Course” of Karnataka State Open University are eligible 35
for admission to degree courses in their University and not the “Degree Bridge Course, second year”. In other words, what was resolved by the University/Deans was that the candidates, who have done a “Bridge Course” of
Karnataka State Open University are not eligible for admission to the degree courses of B.A./B.Sc./B.Com/
BBM/BSW. It appears that the “Bridge Course” is equivalent to 10 th standard.
4. Learned counsel appearing for the respondent-
University, on instructions from the Registrar who is present in the Court, could not and did not produce any material before the Court so as to contend that the
University/Deans or Academic Council has ever considered whether the students who have completed
“Degree Bridge Course, second year” are eligible for admission to their aforementioned degree courses.
Petitioners claim that the Degree Bridge Course, second year is equivalent to 12 th /PUC-II, as contemplated by 36
the regulation, and the notifications has been issued, to that effect by the Karnataka State Open University.
They further state that even the Central Government has issued circular dated 11.12.2002 supporting their contentions, and that this material was not considered by the Deans in their meeting held on 09.09.2014.
5. I would not like to examine the contentions raised by learned counsel for the petitioners. It is apparent that the University/Deans, in the meeting dated
09.09.2014, did not consider whether “Degree Bridge
Course, second year” could be recognized as equivalent to PUC-II examination of Karnataka State, as contemplated by the relevant regulation. The relevant regulation, as referred to in the resolution dated
09.09.2014, empowers the University to recognize “any other examination” as equivalent to PUC-II. Learned counsel appearing for the respondent-University fairly states that the University/Deans shall consider afresh whether “Degree Bridge Course, second year” could be 37
recognized as equivalent to PUC-II so as to allow the petitioners or other similarly placed students, to take admission to their degree courses of B.A./B.Sc./B.Com/
BBM/BSW within time frame, and shall communicate its decision to the colleges where the petitioners have taken admission.
6. Having considered the nature of controversy and the submissions advanced by learned counsel for the parties, I am satisfied that the following order shall meet the ends of justice:
(i) The University/Deans, within a period of
four weeks from today, shall consider
whether a “Degree Bridge Course, second
year” could be recognized as or treated
equivalent to 12 th /PUC-II, and allow the
petitioners to take admission or to approve
their admissions to the degree courses of
B.A./B.Sc./B.Com/BBM/BSW. In other
words, whether the students, such as the 38
petitioners, who have completed “Degree
Bridge Course, second year” are eligible for
admission to the aforementioned degree
courses. I hope and trust, that the
University/Deans, while considering the
issue of equivalence, would do it in the light
of the regulation, which empowers them to
recognize “other examinations” as equivalent
to “two years PUC of Karnataka State”, and if
they decide not to recognize “Degree Bridge
Course, second year”, may state reasons for
the same, in the resolution/decision.
(ii) The Registrar of the University shall
communicate the decision taken by the
Deans to the colleges where the petitioners
have taken admission, within a period of two
weeks from the date of the decision. 39
(iii) If the decision taken by the Deans is adverse
to the petitioners, it would be open to them
to take appropriate remedy against the
same.
(iv) It is open to the petitioners, if they so desire,
to produce materials in support of their
claim/contentions before the Registrar of the
University within a period of ten days from
today. If any such material is produced by
the petitioners before the Registrar, he shall
place it before the Deans, for their
consideration. The Deans, I hope and trust
shall take into consideration such material
for taking the decision, as aforementioned.
(v) In the meanwhile, the respondent-University
shall allow the petitioners to appear for the
forthcoming examination subject to outcome
of the decision that will be taken by the 40
Deans. If the decision of the Deans is in
favour of the petitioners, it would be open to
the University to declare their results. If, for
any reason, the decision is adverse to the
petitioners, it is made clear, that the
University need not and shall not declare
their results.
(vi) All contentions of the parties are kept open.
With these directions, writ petitions are disposed of.
Sd/- JUDGE swk