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2025 Supreme(Online)(Kar) 36108

THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR, J
MR. RAMESH BABU BATHALA – Appellant
Versus
STATE OF KARNATAKA, DEPARTMENT OF PUBLIC INSTRUCTION – Respondent
WRIT PETITION NO. 26402 OF 2024 (EDN-RES)



Advocates:
For the Appellants/Petitioners: SRI. H MALATESH
For the Respondents: SRI. MANJUNATH .K, SRI. RAJENDRA KUMAR SUNGAY, SRI. H.R. SHOWRI

Students admitted up to the academic year 2012-13 are entitled to receive degree certificates and verification of marks.

Headnote:The petition was filed under Articles 226 and 227 of the Constitution of India to quash an endorsement denying the issuance of verification certificates. The court determined that petitioners admitted up to and including the academic year 2012-13 are entitled to receive marks cards and degree certificates. The issue at hand was sufficiently covered by existing judicial precedents and the court directed that these be issued within four weeks. The order also included a mandate for supplementary examinations for certain petitioners.

Table of Content
1. petitioners seek issuance of verification certificates. (Para 1 , 2 , 3 , 4 , 5)
2. entitlement of students admitted till 2012-13 for degree certificates. (Para 6 , 7)

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

“i) Issue a writ of certiorari, quashing the Endorsement/letter dated 20-02-2024 in bearing No.KSOU:EB:Coll.Inst:2023-24, produced at Annexure 'E' in so far as denying to issue to verification certificate to the petitioner.

ii) Direct the 2nd respondent to issue verification certificate of the marks cards which he obtained through the 2nd respondent, produced at Annexure B to B7.

iii) And grant such other and further reliefs as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice.”

2. Heard learned counsel for both parties and perused the material on record.

3. A perusal of the material on record will indicate that the issue in controversy involved in the present petition is directly and squarely covered by judgment of a Co-ordinate Bench of this Court in the case of Suhas M. and others Vs. Karnataka State Open University and another – W.P.No.24293/2021 dated 17.08.2022, which reads as under:

“n this petition, the petitioners have sought for the following reliefs:-

“ (i) Issue a writ in the nature of the mandamus, directing the respondent to issue marks cards and Degree Certificates to the petitioners forthwith, and ;

(ii) Issue a writ in the nature of mandamus, directing the respondent No.1 to conduct the examinations of various PG/UG courses to the students admitted up till 2012-13 through collaborative institutions to enable them to complete their course, and;

(iii) Direct the respondent No.1 University to verify the educational qualifications of students admitted through collaborative institutions up till the academic year 2012-13, as and when sought by the employers, and ;

(iv) 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. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.

3. In addition to reiterating the various contentions urged in the Memorandum of Petition and referring to the material on record, learned counsel for the petitioners submit that despite the undisputed facts and circumstances including the directions issued by this Court in the earlier rounds of litigation in W.P.No.34255/2016 , W.P.Nos.39131-160/2019 and W.P.11062/2020, the respondent No.1 – KSOU is not taking any steps to comply with the directions issued by this Court and as such, the petitioners are before this Court by way of the present petition.

4. Per contra, learned counsel for the respondent No.1 - KSOU invites my attention to the statement of objections and documents produced by it and submits that there is no merit in the petition and the same is liable to be dismissed.

5. The material on record discloses that it is an undisputed fact that the petitioners were admitted to the respondent No.1 – KSOU during the academic years 2008-09 up to 2012-13. In W.P.No.34255/2016 , in relation to the right of candidates who have obtained admission up to and including the academic year 2012-13 to obtain Degree certificates, Marks cards etc., this Court held as under:-

“ I have heard the learned counsel for the parties.

2. Karnataka State Open University has filed this writ petition seeking for issue of a writ of mandamus directing the second respondent to consider the candidature of the students who have obtained degrees awarded by the petitioner- University for all its recruitments.

3. The second respondent has issued a notification at Annexure – U dated 30.06.2015, inviting applications from the eligible candidates for appointment to the posts of Assistants/ First Division Assistants.

4. The apprehension of the petitioner-University is that the second respondent- KPSC may reject

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