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Karnataka High Court · body

2019 DIGILAW 441 (KAR)

Swami Vivekananda D. Ed College v. State Of Karnataka Department Of Primary & Higher Secondary Education

2019-02-16

B.VEERAPPA

body2019
ORDER : The petitioners in W.P.Nos.22330-22481/2018, in W.P.Nos.22246-22329/2018 and in W.P.Nos.22194-22245/2018 have filed the above petitions seeking to issue a writ in the nature of mandamus directing the second respondent to permit the respondents students admitted for the Diploma in Education course for the Academic year 2017-18 to take-up scheduled exams commencing from 28.05.2018 as per Annexures ‘C’, ‘C1’ and ‘C2’ in terms of the orders passed by this Hon’ble Court in W.P.No.20888/2018, W.P.No.21056/2017 and in W.P.No.21658/2017 as per Annexure-A respectively. The petitioners in W.P.Nos.22515-22605/2017 & W.P.Nos.22676-677/2017 seeking for issue a writ in the nature of certiorari to quash Annexures ‘C’ & ‘D’ communication dated 18.05.2017 issued by the second respondent and the copy of the communication dated 19.05.2017 issued by the first respondent. 2. It is the specific case of the petitioners that the institutions of the petitioners have been recognized by the NCTE for conducting Diploma in Education Course with an intake of 50 students in Hindi Medium. In the year 2017-18 writ petitions came to be filed for approval of the admissions of the students for the academic year 2016-17 and this Court in W.P.Nos.20888-21035/2017 granted interim orders permitting the students to take up examinations. Since the students of the petitioners institutions were not permitted to take the ensuing exams held on 28.05.2018, the petitioners have approached this Court in W.P.Nos.20888-21035/2017 and this Court again by an order dated 04.05.2018 had permitted the students of the petitioners college to take ensuing exams commencing form 28.05.2018. Inspite of the same petitioners students paid the fee within the time prescribed i.e., 20.04.2018. 3. In W.P.No.22515/2017 the last date for payment of the fees was fixed on 24.04.2017 with fine, accordingly fee was also paid on 24.04.2017. In spite of the same the petitioners’ students not permitted to take up the Diploma in Education exams commencing 2018. Therefore, the petitioners approached this Court for the relief sought for in these writ petitions. 4. This Court by an order dated 22.05.2018 while issuing notice to the Additional Government Advocate for respondents No.1 and 2 granted an interim order permitting the respondents students to take up examinations both theory and practical in the ensuing examination as per Annexure-E dated 05.04.2018 without insisting for any penalty or late fee. However the petitioners shall not claim equity in the event of failing of these writ petitions. However the petitioners shall not claim equity in the event of failing of these writ petitions. The issue relating to payment of penalty/late fee is however kept open. 5. Now it is brought to the notice of this Court that in pursuance of the orders passed by this Court the respondents students of the present petitioners institutions were permitted to take-up examination. 6. The State Government has not filed any objections to defend the impugned action of the respondents 1 and 2. 7. In view of the subsequent developments the only issue in the present writ petitions has to be decided is : “Whether the students of the petitioners institutions are liable to pay the penalty/late fee or not ?” 8. Sri D.R.Ravishankar learned counsel for the petitioners contended that as per the notification issued by the second respondent-Board the exams commences from 28.05.2018 has also fixed the time limit for paying exam fee without fee and fine and also payment of examination fee. In Annexure-E wherein the last date of payment of exams fee without fine was on 20.04.2018 and last date for payment of exam fee with fine was fixed by the respondents on 21.04.2018 to 27.05.2018. Admittedly in the present writ petitions, students of the petitioners institutions have paid the fee on 20.04.2018 within the time limit prescribed by the second respondent as per the notification dated 05.04.2018. The last date to pay NEFT challan was 20.04.2018 and fee with fine was foxed on 08.05.2018 for Rs.150/per student per day after the last date. Since the respondents students have paid the fee within the time question of paying penalty would not arise. Therefore, the Annexure ‘D’ issued in W.P.No.202515/2017 and W.P.No.22605/2017 the orders passed by the second respondent directing the Principal of the petitioners dated 19.05.2017 is without any basis and without authority of law. The Insisting of penalty is no basis when the students paid the fee within the time prescribed by the second respondent question of payment would not arise. Therefore, he sought direction directing the respondents to permit the students to complete their course in terms of the rules and regulations prescribed for the D.Ed. course. 9. Per contra the learned Additional Government Advocate appearing for State sought to justify the impugned action of respondents 1 and 2. . 10. Therefore, he sought direction directing the respondents to permit the students to complete their course in terms of the rules and regulations prescribed for the D.Ed. course. 9. Per contra the learned Additional Government Advocate appearing for State sought to justify the impugned action of respondents 1 and 2. . 10. Having heard the learned counsel for the parties, the material on record clearly depicts that the petitioners institutions have been recognized by the NEFT for taking D.Ed. course with an intake of 50 students in Hindi Medium and since the official respondents have not approved the admissions for the year 2016-17, the petitioners were forced to file writ petitions before this Court in W.P.No.20888/2017. Inspite of the interim order granted by this Court, the students of the petitioners institutions were not permitted to take examination. Therefore the present petitioners were forced to file writ petitions seeking to direct the official respondents to permit the respondents students to take up all examinations for the academic year 2017-18 without insisting for any payment of penalty. This Court granted interim order and now the students have allowed to takeup the exams within the time scheduled. 11. The material on record also clearly depicts that as per the notification issued by the second respondent dated 05.04.2018 the students paid the fee within the last date prescribed i.e., on 20.04.23018 and the notification issued by the District Institute of Education Training, Bidar dated 18.05.2017 stated that to pay fee for the year 2016-17, last date for payment of exam fee was fixed on 24.04.2017. In terms of the same the students of the petitioners in W.P.Nos.22194-22244/2018 also paid the fee within the time stipulated. 12. When the recognition of the petitioners institutions is not disputed and the students have paid the fee within the time stipulated in the notification issued by the concerned authorities, the authorities ought to have permitted them, since they have not permitted, the petitioners have approached this court directing the authorities to permit the students of the petitioners institutions to take examination. Except the authorities issuing Annexures ‘C’ and ‘D’ directing to pay the penalty, they have not produced any rules or regulations and the basis to insist penalty. When the students have not violated the last date fixed to pay examination fee, the letters/impugned endorsement issued by the authorities as per Annexure-D is without any basis. Except the authorities issuing Annexures ‘C’ and ‘D’ directing to pay the penalty, they have not produced any rules or regulations and the basis to insist penalty. When the students have not violated the last date fixed to pay examination fee, the letters/impugned endorsement issued by the authorities as per Annexure-D is without any basis. In the absence of the same, the official respondents cannot put the burden on the students to pay Rs.150/- per day per student, which is without any rationality the same cannot be sustained and admittedly to sustain the impugned communication, the respondents 1 and 2/State has not filed any objections to the assertions made in the writ petitions. 13. In view of the aforesaid reasons, the writ petitions are disposed of. The impugned Annexures ‘C’ and ‘D’ in W.P.Nos.22151-22605/2018 and connected matters are hereby quashed. On the same terms and reasons the other writ petitions namely W.P.Nos.22330-22481/2018, W.P.Nos.22246-22329/2018, W.P.Nos.22194-22245/2018 are hereby disposed of. 14. The official respondents are hereby directed to permit the students to complete their Diploma in Education Course in accordance with the rules and regulations prescribed in Diploma in Education Course. Ordered accordingly.