Back
2019 Supreme(Kar) 624
IN THE HIGH COURT OF KARNATAKA
S. Sujatha, J.
Raghu S - Appellant
Vs.
State Of Karnataka - Respondent
Writ Petition No. 27358 of 2018, 27359 of 2018, 27360 of 2018, 27361 of 2018, 27362 of 2018, 27363 of 2018, 27364 of 2018, 27365 of 2018, 27366 of 2018, 27367 of 2018, 27368 of 2018, 27369 of 2018, 27370 of 2018, 27371 of 2018, 27372 of 2018, 27373 of 2018, 27374 of 2018, 27375 of 2018, 27376 of 2018, 27377 of 2018, 27378 of 2018, 27379 of 2018, 27380 of 2018, 27381 of 2018, 27382 of 2018, 27383 of 2018, 27384 of 2018, 27385 of 2018, 27386 of 2018, 27387 of 2018, 27388 of 2018, 27389 of 2018, 27390 of 2018, 27391 of 2018, 27392 of 2018, 27393 of 2018, 27394 of 2018, 27395 of 2018, 27396 of 2018, 27397 of 2018, 27398 of 2018, 27399 of 2018, 27400 of 2018, 27401 of 2018, 27402 of 2018, 27403 of 2018, 27404 of 2018, 27405 of 2018, 27406 of 2018, 27407 of 2018, 27408 of 2018, 27409 of 2018, 27410 of 2018, 27411 of 2018, 27412 of 2018, 27413 of 2018, 27414 of 2018, 27020 of 2018
Decided On : 25-06-2019
Sharath S. Gowda, Adv., Pramodhini Kishan, Adv., T.P. Rajendrakumar Sungary, Adv., Basavaraj V. Sabarad, Adv., Rajeswara P.N., Adv., M. Vinod Kumar, Adv.
The court emphasized the need for compliance with the provisions of Section 17 of the NCTE Act and considered the students' rights and interests in reaching its decision.
Headnote:
NCTE - Education Institution - National Council for Teachers Education Act, 1993 [NCTE] - Section 17
Fact of the Case:
The case involved students seeking direction for the announcement of their final year results and certificates, and an institution challenging an order of the NCTE seeking permanent recognition and declaration of results for the academic years 2015-16 and 2016-17.
Finding of the Court:
The court found that the students' careers were jeopardized due to the legal battle between the institution and the NCTE, and the innocent students had become scapegoats. It directed the University to announce the results and issue marks cards and certificates to the students. The court also directed the SRC to reconsider the matter in accordance with the law and the NCTE's observations.
Issues: Non-declaration of results, legal battle between the institution and the NCTE, students' rights and interests, compliance with NCTE regulations.
Ratio Decidendi: The withdrawal or refusing recognition by the Regional Committee shall come into force only at the end of the academic session following the date of communication of such order. The court emphasized the need for compliance with the provisions of Section 17 of the NCTE Act and considered the students' rights and interests in reaching its decision.
Final Decision: The court directed the University to announce the results and issue marks cards and certificates to the students. It also directed the SRC to reconsider the matter in accordance with the law and the NCTE's observations.
JUDGMENT :
S. Sujatha, J.
These petitions involving similar and akin issues, have been considered together and are disposed of by this common order.
2. In the first batch of writ petitions, the students are before this court seeking for a direction to respondent Nos.1 and 2 to announce the final year results of the petitioners in respect of 3rd and 4th semester examination held during the academic year 2016-17 and consequently issue the Marks Cards and the Certificates.
3. In the second batch of writ petitions, the institution is before this court challenging the order of the [NCTE] dated 16.03.2018 inter alia seeking a direction to the respondent Nos.1 and 2 to accord permanent recognition to the petitioner institution under the provisions of National Council for Teachers Education Act, 1993 [NCTE] and further to declare the results of the students, relating to respondents 4 to 115 for the academic year 2015-16 and 2016-17 and issue their Marks Cards/Certificates.
FACTS OF THE CASE:
4. The petitioners in the first batch and the respondent Nos.4 to 115 in the second batch are all students of Sunitha Mahila Gurukul College of Education ['Institution' for short]. It is contended that the said institution is a private unaided professional institution imparting education in the Bachelor of Education Course [B.Ed course] and is affiliated to Mysore University which is imparting education in the B.Ed course from the academic year 2006-07 after obtaining recognition from NCTE vide order dated 08.11.2006.
5. In terms of the Regulations 2014 read with the provisions of the Act, the course for B.Ed degree was made to two years from the earlier one year course with effect from the academic year 2015-16. In order to bring new Regulation into effect, all the colleges coming within the purview of the Mysore University were subjected to the process of scrutiny and on the recommendation of the Local Enquiry Committee, the University prepared the list of colleges by fixing the admission/intake limit. It is the contention of the petitioners that the institution finds a place at Sl.No.26 in the said list.
6. The State Government has evolved a practice for providing admissions to 50% of the institutions seats categorizing them as Government quota and also fixing fee for such students in respect of admission made under Government quota scheme by incorporating the reservation policy. In so far as the remaining 50% of the seats, the institution invited applications from the students and after short listing the received applications based on merits and conducting an interview, selected the students. The selected list consisting of 96 students inclusive of both Government and Management seats was forwarded to the University for its approval.
7. The University has approved the names of 85 students out of 96 students sent for approval in terms of the selected list. The petitioners in the first batch are claiming to be the students approved by the University for their admissions to the fourth respondent college relating to the academic year 2015-16.
8. The petitioners-students thereafter appeared in the first and second semester examination conducted by the University relating to the academic year 2015-16 and the University has announced the results of the petitioners for the same.
SUBMISSIONS OF THE PETITIONERS/STUDENTS:
9. The institution was affiliated to the Mysore University in terms of the list of affiliation dated 15.12.2015 relating to the academic year 2015-16. Final list of admitted candidates for two years B.Ed course for the year 2015-16 depicts that the students were admitted to state counseling as well as management seats. The said students have appeared for the first and second semester examination conducted by the University and their results are also announced for the said two semesters. The third respondent - NCTE in its meeting held on 16.06.2017 passed an order under Section 17 of the Act rejecting the recognition of the institution which was the
