Bangalore City College of D.Ed and Others vs State of Karnataka and Others

B.V. Nagarathna, J.—First petitioner is an institution running Diploma Course in Education, while petitioners 2 to 51 are the students of the said college. According to petitioners, first petitioner-institution has been recognized to conduct courses in Diploma in Education by sixth respondent-National Council for Teacher Education CNCTE'' for short) for the academic year 2004-05 onwards. The State Government has accorded approval for the academic year 2003-04. Petitioner - institution has been conducting its courses since then.

It appears that Southern Regional Committee of N.C.T.E. proposed to withdraw the recognition of first petitioner-institution which was appealed against but subsequently N.C.T.E. by order dated 7.2.2012, decided to continue recognition of the first petitioner-institution for conducting Diploma Course in Education. When the matter stood thus, first petitioner - institution requested for change of medium of instruction from English to Telugu from the academic year 2012-13 onwards.

It appears that the State Government did not take a decision in time in the matter. In the meanwhile, admissions were made for the academic year 2012-13, but the students were not permitted to take examination in Telugu Medium. In the circumstances, petitioner-Institution had approached this Court in W.P. Nos. 30109-10159/2013 seeking permission to take up examination in Telugu Medium. Those writ petitions were disposed by order dated 2.9.2013 and second respondent was directed to approve the admissions of the students for the academic year 2012-13. Thereafter, W.P. Nos. 59469-470/2013 were filed by the first petitioner-institution and certain students sought approval for change of Medium of Instruction. In those writ petitions, interim orders were passed by this Court directing the students to take the examination and thereafter, the State Government by order dated 19.2.2014 accorded permission for change of medium of instruction from English to Telugu for the academic year 2013-14 onwards. A copy of the order dated 19.2.2014 is annexed as annexure-D to the writ petition.

For the academic year 2013-14, first petitioner-institution had admitted 50 students. By the time, the admissions were made, as Government order according approval for change of medium of instruction has not yet been passed, respondents 2 and 3 did not permit petitioners-students to take the examination. Therefore these writ petitions were filed seeking a direction to the third respondent to approve the admissions of petitioners 2 to 51 for Diploma in Education for the academic year 2013-14 and permit them to complete the course. During the pendency of these writ petitions, petitioners-students were permitted to appear for the examination, subject to the result of these writ petitions. However, it was directed that petitioners would not claim equities, in the event of failing in these writ petitions. Pursuant to the interim order dated 21.7.2014, petitioners 2 to 51 have taken examination. Now an application is filed seeking declaration of the results of the petitioners-students who have undertaken supplementary D.Ed examination in the academic year 2013-14. While considering that application, learned counsel for the respective parties have made submission that the main relief sought by the petitioners is for issuance of a direction to third respondent to approve admissions of the petitioners 2 to 51 for the Diploma in Education Course for the academic year 2013-14 and to permit them to complete the course. That relief has been sought by the petitioners on account of the fact that the petitioners-students herein have been admitted to the Diploma Course in Education in Telugu Medium and sanction for conducting the course was granted by the State Government on 19.2.2014, subsequent to the admissions of petitioners 2 to 51.

No doubt, pursuant to the interim order dated 21.7.2014, petitioners 2 to 51 have been permitted to take the examination, but permission to take the examination, declaration of results, are all subject to the result of these writ petitions which would also entail orders to be passed by the respondents 2 and 3 - authorities with regard to approval of admissions of petitioners 2 to 51 herein.

In the circumstances, instead of directing the respondents to declare the results, it would be in the interest of both sides, to direct the respondents 2 and 3 to consider the case of the petitioners for approval of the admissions of petitioners 2 to 51 for Diploma in Education Course for the academic year 2013-14. The said exercise shall be made within a period of two weeks from the date of receipt of certified copy of this order.

It is needless to observe that in case, admissions of petitioners 2 to 51 are approved, then their results shall be declared along with their approval and if for any reason, their admissions are not approved, then declaration of results would not arise at all.

With the aforesaid observations and directions, writ petitions are disposed.

In view of the disposal of these writ petitions, no specific orders are required to be passed on I.A. 1/15 and it is ordered to be filed.