Back
2024 Supreme(Online)(KAR) 1776
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9309 OF 2024 (EDN-RES)
C/W WRIT PETITION NO. 9343 OF 2024 (EDN-RES)
IN WP NO. 9309/2024 BETWEEN:
KRUPANIDHI COLLEGE OF MANAGEMENT, REGISTERED UNDER THE REGISTRATION ACT OF 1908, NO. 12/1, CHIKKABELLANDUR, CARMELARAM POST, VARTHUR HOBLI, BENGALURU - 560 035, REPRESENTED BY ITS CHAIRMAN MR. SURESH NAGPAL.
Digitally signed …PETITIONER by VIJAYA P Location: HIGH (BY SRI. M.R. NAIK, SENIOR ADVOCATE FOR COURT OF SRI. LATHA S. SHETTY, ADVOCATE)
KARNATAKA AND:
1. STATE OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION DEPARTMENT, VIDHAN SOUDHA, BENGALURU - 01, REPRESENTED BY SECRETARY.
2. BENGALURU NORTH UNIVERSITY, REGISTERED UNDER KARNATAKA STATE UNIVERSITIES (AMENDMENT) ACT, 2015, SRI DEVARAJ URS EXTENSION, TAMAKA, KOLAR, KARNATAKA - 563 103, REPRESENTED BY DEAN.
3. THE SPECIAL SECRETARY TO GOVERNOR, RAJ BHAVAN, BENGALURU - 560 001.
…RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1;
SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R2;
SRI. SANTHOSH S. NAGARALE, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE THE EXAMINATION RESULTS FOR TFM (2.1 TECHNOLOGY FOR MANAGEMENT) CONDUCTED ON 15.12.2023 (ANNEXURE-J AND K) AND ETC., IN WP NO. 9343/2024 BETWEEN:
1. HARISH K.V., AGED ABOUT 25 YEARS, S/O K. VASUDEVA NAIDU, NO. 44/38, HARISH BUILDING, BEHIND SUPREME AUTO WORKS, YEMLUR, BENGALURU - 560 037.
2. K. YASHWANTH REDDY, AGED ABOUT 25 YEARS, S/O K. CHIDANANDA REDDY, PG, OPP TO EUROKIDS, CAEMELAEAM, SARJAPUR ROAD, BANGALORE - 560 035.
3. P. JAYASATHISH REDDY, AGED ABOUT 23 YEARS, S/O P. CHALAPATHI REDDY, MANIKANTA PG FOR GENTS, CAEMELAEAM, BANGALORE - 560 035.
4. D. CHANDU, AGED ABOUT 24 YEARS, S/O D RAMBABU, PG, OPP TO EUROKIDS, CAEMELAEAM, SARJAPUR ROAD, BANGALORE - 560 035.
5. TAMIZHARASAN C., AGED ABOUT 25 YEARS, S/O CHANDRAN M., 2/246-3, CHOODAPURAM VILLAGE, BELATHUR KRISHNAGIRI DISTRICT, TN - 635 124.
6. JHAWANTH KUMAR R., AGED ABOUT 25 YEARS, S/O K/ RAVI, 5/156, SOOTHALAM VILLAGE, ACHETTIPALLI POST, HOSUR, TAMIL NADU.
7. ABHISHEK K.C., AGED ABOUT 21 YEARS, S/O CHANDREGOWDA, SLV PG, NEAR KRUPANIDHI COLLEGE, BANGALORE - 560 035.
8. LAKSHMI NARAYAN P., AGED ABOUT 24 YEARS, S/O PUTARAJU, SUBMANGALA VILLAGE, SAMANDULU POST, ANEKAL - 562 106.
9. YESHWANTH M., AGED ABOUT 23 YEARS, S/O MUNIRAJ R., CHEEMASANDRA VILGONAGAR POST, BANGALORE.
10. G. TEJASHWINI, AGED ABOUT 23 YEARS, D/O PURUSHOTHAM REDDY G., VAIKUNTA LADIES PG, BESIDE TO EUROKIDS, CAEMELAEAM, SARJAPUR ROAD, BANGALORE - 560 035.
…PETITIONERS (BY SRI. M.R. NAIK, SENIOR ADVOCATE FOR SRI. LATHA S. SHETTY, ADVOCATE)
AND:
1. STATE OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION DEPARTMENT, VIDHAN SOUDHA, BENGALURU - 01, REPRESENTED BY SECRETARY.
2. BENGALURU NORTH UNIVERSITY, REGISTERED UNDER KARNATAKA STATE UNIVERSITIES (AMENDMENT) ACT, 2015, SRI DEVARAJ URS EXTENSION, TAMAKA, KOLAR, KARNATAKA - 563 103, REPRESENTED BY DEAN.
3. THE SPECIAL SECRETARY TO GOVERNOR, RAJ BHAVAN, BENGALURU - 560 001.
…RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1;
SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R2;
SRI. SANTHOSH S. NAGARALE, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO ANNOUNCE/RELEASE OR PUBLISH EXAMINATION RESULT OF THE II SEMESTER PAPER/SUBJECT "INFORMATION TECHNOLOGY FOR MANAGEMENT" FOR THE ACADEMIC YEAR 2022.24 HELD ON 15TH DECEMBER, 2023 (ANNEXURE-J) AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
W.P.Nos.9309/2024 and 9343/2024 are taken up together as there is an overlapping of the relief sought for and both the petitions are disposed off by a common order.
2. In W.P.No.9309/2024, the petitioner-Chairman of the Krupanidhi College has sought for issuance of writ in the nature of mandamus to respondent No.2 to release the examination results for TFM (2.1 Technology for Management) conducted on 15.12.2023. The petitioner has also sought for issuance of writ in the nature of mandamus to respondent No.2 to furnish entire examination result for the II Semester. The petitioner has also challenged the letter dated 18.01.2024 issued by respondent No.3 to respondent No.2, whereby respondent No.3 has directed to keep the affiliation in abeyance of Krupanidhi College of Management and withheld the results till further orders from the Governor's Secretariat.
3. Learned Senior counsel Sri. M.R. Naik appearing for the petitioner submits at the outset that the present petition filed calling in question the communication dated 18.01.2024 is limited to the challenge only insofar as affiliation of the petitioner - college is kept in abeyance with further direction to withhold results until further orders are passed by respondent No.3.
4. It must be noticed that in terms of Annexure-'A', the letter of a syndicate member which is in the nature of complaint as regards to the affairs of the petitioner has been made to the office of the Governor who is a Chancellor. The respondent No.3 has directed the Vice-Chancellor for a point wise reply as regards such compliant and meanwhile has kept the affiliation of the college in abeyance and ordered withholding of results till further orders. The communication at Annexure-'A' is in the nature of direction which reads as follows:
"With reference to the above mentioned subject and in continuation to the letter cited at reference, I am directed to forward a copy of the letter dated 02.01.2024 from Dr. B.R. Supreeth, Syndicate Member, Bengaluru North University alleging unethical practices, academic misconduct & administrative irregularities which is self explanatory. It is directed to examine and furnish a point wise reply within 7 days for the perusal of Hon'ble Governor & Chancellor.
Further, it is instructed to keep the affiliation of Krupanidhi College of Management in abeyance and withhold the results till further orders from this Secretariat."
5. A bare perusal of the said communication would make it clear that there is a direction to keep affiliation of the petitioner - college in abeyance and withhold results till further orders of the Secretariat. Till date, respondent No.3 has not taken any stand as regards as to whether further orders has been passed as regards such complaint.
6. It must be noticed that insofar as the communication of 18.01.2024, it appears that the same was the subject matter of consideration in W.P.No.3678/2024 in which the very same respondent No.3 appears to have clarified through his counsel that the direction which apparently refers to the direction in Annexure-'A' in the present case does not relate to the examination conducted in the month of May-June, 2023.
Recording so, the petition was disposed off.
7. It is however to be noticed that in the present case while challenging the validity of Annexure-'A', various contentions have been raised which requires acceptance in light of the following:
i) It is to be noticed that the complaint was made by a syndicate member alleging unethical practices, academic misconduct and administrative irregularities. Even if such complaint is to be taken note, in normal course, the motion for withdrawal to be made is to be initiated only in the syndicate in terms of Section 63(2). While in the present case, the syndicate member has merely made out a complaint and no further proceedings are taken by the syndicate.
ii) Even if it is accepted for the present that the 3rd respondent has power regarding withdrawal of affiliation, what has been
