NATIONAL HUMAN RIGHTS AND SOCIAL JUSTICE FORUM v. STATE OF KARNATAKA
WP/16534/2025 · 2025-08-07
C M Joshi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 70687 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70687 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30747-DB WP No. 16534 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 16534 OF 2025 (EDN-RES-PIL) BETWEEN:
1. NATIONAL HUMAN RIGHTS AND SOCIAL JUSTICE FORUM BEARING REG NO.198/2020-21 PH NO.9538156381 EMAIL ID: WWW.NHRASF.IN
REPRESENTED BY ITS SECRETARY SRI BHARATH RAJ REDDY S/O. MR. RAMESH AGED ABOUT 26 YEARS
OFFICE ADDRESS, 54/A, THIMMAIAH ROAD BLOCK 2, 3RD STAGE BASAVESHWAR NAGAR BENGALURU KARNATAKA - 560 079. …PETITIONER (BY SRI VARSHITH REDDY B.,ADVOCATE) AND:
1. STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY,
Digitally signed by SRIDEVI S Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:30747-DB WP No. 16534 of 2025
DEPARTMENT OF HIGHER EDUCATION ROOM NO. 611, 6TH FLOOR, GATE NO.2 M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 KARNATAKA. 2. KARNATAKA STATE HIGHER EDUCATION COUNCIL 30, PRASANNA KUMAR BLOCK BANGALORE CENTRAL UNIVERSITY CAMPUS, Y RAMACHANDRA ROAD GANDHINAGARA, BENGALURU KARNATAKA - 560 009. 3. UNIVERSITY GRANT COMMISSION BAHADUR SHAH ZAFAR, MARG, ITO METRO GATE NO.3 ROAD, NEW DELHI DELHI - 110 002. 4. MINISTRY OF EDUCATION 302-C, SHASTRI BHAVAN, DR. RAJENDRA PRASAD ROAD RAJPATH AREA CENTRAL SECRETARIAT NEW DELHI, DELHI - 110 001. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 & 2 AND SRI B. PRAMOD, CGC ALONG WITH SRI SHANTI BHUSHAN, DGSI FOR R-3 & 4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE RESPONDENT AUTHORITIES TO CONSTITUTE A HIGH-POWERED COMMITTEE TO REVIEW AND REGULATE ATTENDANCE
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HC-KAR NC: 2025:KHC:30747-DB WP No. 16534 of 2025
CRITERIA WITH REGARDS TO EXAM ELIGIBILITY AND RELAX THE ATTENDANCE CRITERIA TO NOT MORE THAN 50 PERCENT OR LESS TO LET STUDENTS GROW HOLISTICALLY AND MAKE THE ATTENDANCE CRITERIA SAME FOR EVERY COLLEGE AND CURTAIL THE DISCRETIONARY POWER VESTED WITH THE UNIVERSITY ADMINISTRATION & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE)
1. The petitioner has filed the present petition, inter alia, praying as under.
i. Issue a writ of Mandamus or any other appropriate writ, order, or direction to the Respondent Authorities to constitute a High-Powered Committee to review and regulate attendance criteria with regards to exam eligibility., and relax the attendance criteria with regards to exam eligibility., and relax the attendance criteria to not more than 50 percent or less to let students grow holistically and make the attendance criteria same
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HC-KAR NC: 2025:KHC:30747-DB WP No. 16534 of 2025
for every college and curtail the discretionary power vested with the University Administration. ii. In the alternative, issue a writ of Mandamus or any other appropriate writ order or direction to the Third Respondent to issue a circular with immediate effect to put up a public notice in a manner visible to very students in the vicinity of the admission department of every college indicative of the fact that colleges cannot withheld or take 10th and 12th Original Marks cards of the students for admission and also provide for a Grievance redressal contact Number in the form of notice guiding students to register a complaint with the Second Respondent on account of with- holding the marks cards. iii. In the alternative, issue of writ of Mandamus or any other appropriate writ order or direction to institutions affiliated under the Second Respondent to strictly form and effectuate STUDENT GRIEVANCE REDRESSAL COMMITTEES (SGRC) and to provide acknowledgment online/offline on account of Complaints registered by the Students on account of grievances regarding revaluation, unjust behaviour by faculty, arbitrary/unfair treatment in awarding marks and other unjust issues faced by Students. Appropriate actions taken by the
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HC-KAR NC: 2025:KHC:30747-DB WP No. 16534 of 2025
committee should be recorded and made accountable. iv.
To grant an order to form committee/Independent Regulatory body free from the influence of University administration, for every district to implement the guidelines of the second respondent and to take action against the institutions on account of Non-compliance of the same and as a last resort for addressing serious grievances/injustices faced by Students from the administration i.e., similar to that of RERA. v. Grant such other reliefs as may be just, in the interest of justice and equity."
2. The learned counsel for the petitioner submits that different universities have different attendance criteria. He submits that whilst some universities are permitting the students to clear examination with zero attendance, others insist on 85% attendance. He submits that the uniform criteria is required to be implemented. 3. The question of attendance of students is a matter of policy and we do not consider it apposite to interfere in matters relating to educational policy. - 6 -
HC-KAR NC: 2025:KHC:30747-DB WP No. 16534 of 2025
4. The learned counsel for the petitioner also submits that there are certain students who are not being returned their 10th or 12th original marks sheets by the colleges, in the event they want to abandon their courses midstream. He submits that although there is a clear requirement that the original mark sheets would not be withheld, the same is violated. 5. We do not consider it apposite to issue any directions on such general allegations. Needless to state, that if any particular student is aggrieved by non-return of the 10th and 12th marks sheets by any college, the case would be examined on the given set of facts in accordance with law. 6. The petition is accordingly disposed of with the aforesaid observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE SD List No.: 1 Sl No.: 5