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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 26^TH DAY OF JULY, 2021

PRESENT

THE HON9BLE MRS. JUSTICE B.V.NAGARATHNA

AND

THE HON9BLE MR. JUSTICE P.KRISHNA BHAT

W.P.No.13356/2021 (EDN-EX-PIL)

BETWEEN:

MR. PUNEETH ACHARYA Y,

AGED ABOUT 20 YEARS,

S/O YOGESHWACHARI,

RESIDING AT NO.63, 7^TH MAIN,

7^TH B CROSS, RAILWAY PIPELINE

ROAD, RPC LAYOUT, VIJAYANAGAR,

BANGALORE - 560 104.

... PETITIONER

(BY SRI. P.MANOHAR, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA,

DEPARTMENT OF PRIMARY AND

SECONDARY EDUCATION,

MULTI STOREYED BUILDING,

DR. B.R.AMBEDKAR VEEDHI,

BANGALORE - 560 001

REPRESENTED BY THE

PRINCIPAL SECRETARY.

2.

THE COMMISSIONER

OF PUBLIC INSTRUCTIONS,

NRUPATUNGA ROAD,

BENGALURU - 560 001.

3.

THE DIRECTOR

KARNATAKA STATE SSLC EXAMINATION

BOARD (OTHER EXAMS-ITHIS)

GOVERNMENT OF KARNATAKA,

OFFICE OF THE KARNATAKA PRIMARY

AND SECONDARY EXAMINATION BOARD,

6^TH CROSS, MALLESWARAM,

BENGALURU - 560 003.

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4.

THE DIRECTOR,

BHARATH INSTITUTE OF

SCHOOLING EDUCATION

REGISTERED OFFICE ADDRESS:

BHARATH INSTITUTE OF

SCHOOLING EDUCATION,

#52/2, SHARADA ARCADE,

MARUTI FARM, DOMBARAHALLI,

LAKSHMIPURA POST,

DASANAPURA HOBLI,

BANGALORE - 562 162.

... RESPONDENTS

(BY SMT. PRAMODINI KISHAN, AGA FOR R-1 TO R-3;

SERVICE OF NOTICE TO R-4 IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE A

WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE ORDER

QUASHING ANNEXURE-A GOVERNMENT ORDER TIME TABLE

NO.Q5/KOS/EXAM/2021/33/2020-21

DATED

05/07/2021

ISSUED BY RESPONDENT NO.3.; ii) IN THE ALTERNATIVE,

ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE

WRIT

OR

ORDER

DIRECTING

THE

1^ST,

2^ND

AND

3^RD

RESPONDENTS TO FIX 2 DAYS FOR PETITIONER AS WELL AS

KOS-STUDENTS THROUGHOUT KARNATAKA AND CONDUCT

EXAMINATION

IN

TUNE

WITH

THE

PROCEDURES,

TIME

QUALIFYING MARKS AND OBJECTIVE TYPE QUESTIONS AND

ANSWERS AS IS ORDERED TO REGULAR STUDENTS OF SSLC

BOARD EXAMINATION BY MODIFYING ANNEXURE-A; iii) ISSUE

A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR

ORDER DIRECTING 1^ST TO 3^RD RESPONDENTS TO CONDUCT

SSLC BOARD EXAMINATION FOR 3 HOURS A DAY FOR 2 (TWO)

DAYS BETWEEN 26/07/2021 AND 04/08/2021 INCLUDING

EVALUATING

KOS

STUDENTS

AT

PAR

WITH

REGULAR

STUDENTS OR ANY OTHER DATES AS DIRECTED BY THIS

HON'BLE COURT; iv) TO DIRECT THE RESPONDENTS TO

REFUND THE EXCESS AMOUNT OF Rs.900/- FOR EACH KOS

STUDENT RECEIVED AS SSLC BOARD EXAMINATION FEE; v) TO

DIRECT THE RESPONDENTS TO PUBLISH, UPLOAD AND ALL

GOVERNMENT

CIRCULARS,

NOTIFICATIONS,

ORDERS

COMMUNICATIONS AND INFORMATION THAT AFFECTS KOS

STUDENTS IN THE GOVERNMENT WEB SITES IMMEDIATELY

AFTER DECISION AS IS DONE FOR REGULAR STUDENTS BOTH

IN ENGLISH AND KANNADA; vi) TO GRANT SUCH OTHER

APPROPRIATE RELIEF OR RELIEFS.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:

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ORDER

This writ petition is stated to have been filed in

public interest. However, the petitioner is a student of

Karnataka Open School System in which about 700

students from Bengaluru and about 1500 students in

Karnataka are stated to be affected by the revised

time-table

dated

05.07.2021

issued

by

the

third

respondent

by

Government

notification

dated

05.07.2021(Annexure-A to the writ petition). By the said

notification, the time-table for holding the Karnataka Open

School examination for 10^th standard has been notified.

As per the said time-table, the examinations are to

commence on 26.07.2021, i.e., today and to end on

04.08.2021, i.e., for nine days. The same is assailed in this

writ petition and alternatively, certain other prayers have

been sought by the petitioner. For immediate reference,

the prayers sought in the writ petition are extracted as

under:-

i. Issue a writ of certiorari or any other appropriate

order quashing Annex