Students who obtained degrees from a university subsequently declared ultra vires should not be deprived of the benefits of their studies, provided the university was not bogus and actual education was imparted.

Digitally signed by CHANDANA B M Location: High Court of Karnataka

THE W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DATED 17.02.2024 IN NO KRIES/OTSW/OSCI/1/2023-ADMN/58954 ISSUED BY THE 2ND RESPONDENT A COPY OF WHICH IS PRODUCED AT ANNEXURE-G AND DIRECT THE RESPONDENTS TO ISSUE HIM APPOINTMENT ORDER DISPENSING VERIFICATION OF MARKS CARDS RELATING TO BED AS SPECIAL CASE BY CONSIDERING HIS REPRESENTATION DATED 24.01.2024 A COPY OF WHICH IS PRODUCED AT ANNEXURE-H TO MEET THE ENDS OF JUSTICE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

“(i) Issue a writ of certiorari or any other writ or direction quashing the endorsement dated 17.2.2024 in No.KRIES/OTSW/OSCI/1/2023-ADMN/58954 issued by the 2nd respondent a copy of which is produced at Annexure-G and direct the respondents to issue him appointment order dispensing verification of marks cards relating to B.ed., as a special case, by considering his representation dated 24.1.2024 a copy of which is produced at Annexure-H, to meet the ends of justice.

(ii) GRANT such other order or direction as deems fit to grant in the facts and circumstances of the case.”

2. Heard learned counsel for the petitioner, learned AGA for respondent No.1, learned counsel for respondent Nos.2 and 3 and learned counsel for respondent Nos.4 and 6 and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner got appointed as a Science Teacher in Morarji Desai Residential School, Kodagu District, in the year 2009 on contract basis and in 2011, the petitioner appeared in the examination conducted by the Karnataka State Residential Educational Institutions Society (KREIS) and having successfully passed the said examination, the final selection list of 32 candidates dated 11.12.2019 issued by the KREIS showed the petitioner at Sl.No.2 subject to verification of testimonials and caste certificate, which was approved in favour of the petitioner on 26.11.2020. On 03.02.2023, the Executive Director of the KREIS addressed a communication to the Chhattisgarh Private Universities Regulatory Commission to provide available information regarding existence of University of Technology & Science, Raipur in the state of Chhattisgarh during the academic year 2003-04, to which the said Commission issued a reply dated 20.02.2003 to the effect that in the light of the judgment of the Apex Court in the case of Professor Yashpal and Another v. State of Chhattisgarh and others – (2005) 5 SCC 420, the said University established under the Chhattisgarh Niji Kshetra Vishwavidyalaya (Stapana aur Viniyaman) Adhiniyam, 2002, which was held ultra vires, does not exist any longer, thereby indicating that the said University in which the petitioner studied was declared as non-est was held to be unconstitutional. Subsequently, the petitioner submitted a representation dated 24.01.2024, to which respondent No.2 called upon it to issue the regular appointment order in favour of the petitioner, to which the respondent No.2 issued the impugned endorsement, deleting the name of the petitioner from the final selection list, on the ground that his BA marks were not certified, because of the University being invalidated by the Apex Court in Professor Yashpal's case referred to supra, aggrieved by the impugned endorsement, the petitioner is before this court by way of the present petition.

4. In the case of Priyanka Kumari and others v. State of Bihar and others – (2026) SCC O