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2025 DAILYLAW 3036 (KAR)

K M FAKARUDDIN SIDDIQI S/O LATE SHABBIR AHMED SIDDIQI v. THE STATE OF KARNATAKA

WP/100304/2025 · 2025-02-27

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:3947 WP No. 100304 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100304 OF 2025 (EDN-RES) BETWEEN: K.M. FAKRUDDIN SIDDIQI S/O. LATE SHABBIR AHMED SIDDIQI, AGE: 50 YEARS, OCC: STUDENT, R/O. DOOR NO.49, 2ND CROSS, MILLAGATTA, SHIVAMOGGA-577205. …PETITIONER (BY SRI. SAJID GOODWALA, ADVOCATE FOR SRI. PRUTHVIRAJ P. HITTALAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, M.S. BUILDING, AMEDKAR VEEDHI, BENGALURU-560001. 2. THE KARNATAKA STATE LAW UNIVERSITY, NAVANAGAR, HUBBALLI, DIST: DHARWAD, REP. BY ITS REGISTRAR-580011. 3. C. BHEEMASENA RAO COLLEGE OF LAW AND POST GRADUATE STUDIES IN LAW, REP. BY ITS PRINCIPAL, BALARAJ URS ROAD, SHIVAMOGGA-577201. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1; SRI. K.L. PATIL, ADVOCATE FOR R2; MISS. SANJANA S. MUDHOL, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AND QUASH THE ORDER/ENDORSEMENT ISSUED BY THE 3RD Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3947 WP No. 100304 of 2025 RESPONDENT, REJECTING THE ADMISSION OF THE PETITIONER TO THE 1ST YEAR LL.B OF 3 YEAR COURSE, VIDE LETTER BEARING NO.CBRCL/674/2024-25, DATED 16-01-2025, VIDE ANNEXURE-A AND ALLOW THE WRIT PETITION AND/OR; ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.2 TO APPROVE THE ADMISSION OF THE PETITIONER IN 3 YEARS LL.B, COURSE IN THE 3RD RESPONDENT COLLEGE; ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NOS.2 AND 3 TO PERMIT THE PETITIONER TO APPEAR IN 1ST SEMESTER EXAMINATION OF THE 3 YEARS LL.B., COURSE FOR THE ACADEMIC YEAR 2024-25 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned counsel Sri.K.L.Patil accepts notice for respondent No.2, registry show his name in the cause list. 2. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ in the nature of certiorari or any other writ or direction and quash the order/endorsement issued by the 3rd respondent, rejecting the admission of the petitioner to the 1st Year LL.B of 3 year course, vide letter bearing No.CBRCL/674/2024-25, dated 16-01-2025, Vide Annexure-A and allow the writ petition and/or; b) Issue a writ of mandamus directing respondent No.2 to approve the admission of the petitioner in 3 years LL.B, Course in the 3rd respondent college; c) Issue a writ of mandamus directing respondent nos.2 and 3 to permit the petitioner to appear in - 3 - NC: 2025:KHC-D:3947 WP No. 100304 of 2025 1st semester examination of the 3 years LL.B., Course for the academic year 2024-25 in the interest of justice and equity. d) Pass such other order or orders as this Hon’ble Court deems fit in the facts and circumstances of the case. 3. The grievance of the petitioner is that though the petitioner has completed vocational education by taking up of Job Oriented Pre-University Diploma Course in the Government Pre-university College, Shimogga, which is a 2 years course. The same has not been taken to be equivalent to PUC for the purpose of admission into a 3 years LLb course. It is in that background that the petitioner is before this Court. 4. The submission is that the JOC certificate has been considered to be valid for the petitioner to be admitted to the Bachelor of Business Management course being a 3 years degree course in the Kuvempu University. The petitioner having cleared the 3 years under graduation course, had applied for the first year of the 3 years LLB course. The aspect of - 4 - NC: 2025:KHC-D:3947 WP No. 100304 of 2025 the equivalency has been considered by this Court in detail in the aforesaid judgement in the Rakesh shetty’s case and this Court has come to a categorical conclusion that once a first degree certificate is obtained and the JOC course or any other course is treated to be sufficient qualification for taking up the first degree. The college or University cannot now turn the clock back and contend that the JOC courses are not equivalent to PUC course and deny the admission, when the petitioner has completed his degree and applied for the LLb course. In that view of the matter, I pass the following: ORDER (i) Writ petition is allowed. (ii) A writ of certiorari is issued. The order/endorsement issued by the 3rd respondent dated 16.01.2025 vide Annexure-A is quashed. - 5 - NC: 2025:KHC-D:3947 WP No. 100304 of 2025 (iii) A writ of mandamus is issued directing respondent No.3 to forward the candidature of the petitioner for consideration for admission to the first year of the 3 years LLb course, which shall be considered by respondent No.2 in terms of the decision dated 09.12.2024 passed in W.P.No. 31737/2024(EDN-RES) and necessary orders to be passed within a period of 30 days from the date of receipt of a copy of this order. (iv) The University is directed to forward a copy of the order dated 09.12.2024 passed in WP.No.31737/2024 to all colleges coming under its jurisdiction by e-mail and registered post so that these kind of litigations would be avoided in future. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK ist No.: 1 Sl No.: 31