LAWS(KAR)-2009-9-46

GOOD-LUCK EDUCATION SOCIETY REP. BY ITS SECRETARY AND ADAM OXFORD TEACHERS TRAINING INSTITUTE REP. BY ITS PRINCIPAL Vs. STATE OF KARNATAKA REP. BY ITS SECRETARY EDUCATION DEPARTMENT (PRIMARY AND SECONDARY EDUCATION) AND OTHERS

Decided On September 08, 2009
Good -Luck Education Society Rep. By Its Secretary And Adam Oxford Teachers Training Institute Rep. By Its Principal Appellant
V/S
State Of Karnataka Rep. By Its Secretary Education Department (Primary And Secondary Education) Respondents

JUDGEMENT

(1.) THESE appeals are filed by the petitioners in W.P. No. 14354/2008 being aggrieved by the order dated 25.08.2009, wherein the learned single judge of this Court has declined to grant the reliefs sought for in the writ petition and dismissed the writ petition as devoid of merit.

(2.) THE appellants herein filed W.P. No. 14354/2008 seeking for a direction to the respondents to issue Hall tickets to 16 students admitted in the second petitioner - Institution as per Annexure 'D' to the writ petition and to permit them to appear for the examinations for the first year D.Ed course, scheduled to commence from 17.11.2008 and also to declare the results.

(3.) LEARNED single Judge, after hearing the learned Counsel for the petitioners and the learned Additional Government Advocate for respondents 1 to 3, by order dated 25.08.2009, held that: as per the calendar of events for D.Ed., course for the academic year 2007 -2008 published by the authority, the last date for admission under the management quota was fixed as 14.12.2007 and the list of students was required to be submitted to the competent authority for approval on or before 31.12.2007 and the competent authority had to approve the said list on or before 10.01.2008 and the D.Ed., course had to commence on 21.11.2007; however, the material on record disclosed that the writ petitioners, having obtained the interim order on 14.11.2008, sent the list of admitted students to the competent authority only on 19.11.2008 i.e., after the examination had commenced on 17.11.2008 and the said fact had been suppressed in the writ petition; therefore, the admissions made by the writ petitioners defying the calendar of events could not be encouraged; the said illegal act of making admissions so as to circumvent the cut -off dates prescribed by the authorities to ensure proper training of the students, who are undergoing the D.Ed., course and such institutions did not deserve any kind of sympathy or concession. Accordingly, the learned single Judge held that the writ petition is devoid of merit and dismissed the writ petition. Being aggrieved by the dismissal of the writ petition, petitioners have preferred this appeal.