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2025 DAILYLAW 78438 (KAR)

SARBJEET KAUR v. STATE OF KARNATAKA

WP/24994/2025 · 2025-11-19

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47656 WP No. 24994 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24994 OF 2025 (EDN-RES) BETWEEN: 1. SARBJEET KAUR W/O LATE SH. BALJINDER SINGH, AGED ABOUT 38 YEARS, RESIDENT OF PUNIA PATTI, CHHAJLI, P.O. CHHAJLI DISTRICT SANGRUR, PUNJAB …PETITIONER (BY SRI. SUKDEV SINGH KHOKHER FOR SRI. SIDDARAJU T, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001. KARNATAKA 2. DEPARTMENT OF HIGHER EDUCATION KARNATAKA REPRESENTED BY ITS SECRETARY, M.S.BUILDING, DR AMBEDKAR VEEDHI, BANGALORE – 560 001. KARNATAKA. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47656 WP No. 24994 of 2025 3. KARNATAKA STATE OPEN UNIVERSITY REPRESENTED BY ITS REGISTRAR, MUKHTAGANGOTRI, MYSURU – 570 006. KARNATAKA. 4. DEPARTMENT OF POST REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS, GOVERNMENT OF INDIA, DAK BHAWAN, SANSAD MARG, NEW DELHI – 110 001. 5. DIRECTOR GENERAL OF POSTAL SERVICES DAK BHAWAN, SANSAD MARG, NEW DELHI – 110 001. 6. CHIEF POST MASTER GENERAL PUNJAB CIRCLE, SANDESH BHAWAN, SECTOR 17-E, CHANDIGARH – 160 017. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 & R2; SRI.T.P.RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R3; SMT. DEEPA J, ADVOCATE FOR R4 TO R6) THIS WP IS FILED UNDER ARTICLES 226 SND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTING RESPONDENT NO. 3 TO VERIFY AND AUTHENTICATE THE BACHELOR OF SCIENCE IN INFORMATION TECHNOLOGY (B.SC. IT) DEGREE AWARDED TO THE PETITIONER IN THE YEAR 2013 FOR THE EXAMINATION HELD IN THE YEAR OF 2012 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47656 WP No. 24994 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: a) Issue a writ in the nature of mandamus, directing Respondent No. 3 to verify and authenticate the Bachelor of Science in Information Technology (B.Sc. IT) degree awarded to the petitioner in the year 2013 for the examination held in the year of 2012, by the Karnataka State Open University (KSOU), i.e., Annexure-B and to forward the verification to the concerned appointing authority i.e., Respondent Nos. 4 to 6, so as to enable the petitioner to avail the compassionate appointment granted to her by the Department of Posts pursuant to Memo No. Rectt/4- 3/2023 dated 20.03.2025 i.e., Annexure-E, as the petitioner obtained her degree prior to the discontinuation of collaborative programmes (08.08.2014), and hence her degree cannot be retrospectively invalidated, hence the refusal of Respondent No. 3 to verify the same, without examining individual facts, is arbitrary, mechanical, and reflects non-application of mind and further the compassionate appointment already granted to the petitioner by the Department of Posts does not involve any technical qualification, and mere non-verification is depriving her of livelihood in violation of Articles 14, 16, and 21 of the Constitution.. - 4 - HC-KAR NC: 2025:KHC:47656 WP No. 24994 of 2025 b) Pass any such other order/s as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner, learned High Court Government Pleader for the respondent Nos.1 and 2, learned counsel for the respondent No.3 and learned counsel for the respondent Nos.4 to 6 and perused the material on record. 3. A perusal of the material on record would indicate that the issue in controversy is directly and squarely covered by the judgments of this Court in the cases of Sri.Thirumalesh C.A. vs. State of Karnataka & others - W.P.No.2795/2022 Dated 02.08.2022; (ii) KSOU & Anr. Vs. Sri.Thirumalesh C.A. - W.A.No.1025/2022 Dated 03.09.2024; (iii) Smt.Snehalatha P. vs. State of Karnataka & others – W.P.No.8638/2016 Dated 03.03.2016; (iv) Sri.Manoj M. vs. The Deputy Commissioner & Anr. - W.P.No.25361/2017 Dated 13.06.2017; (v) Suhas M. & others vs. KSOU & Anr - W.P.No.24293/2021 disposed of on 17.08.2022 and (vi) Sri.Rakesh Ranjan Sinha - W.P.No.23197/2023 Dated 20.02.2024. - 5 - HC-KAR NC: 2025:KHC:47656 WP No. 24994 of 2025 4. It is a matter of record and it is an undisputed fact that the degree certificate/marks sheets etc., of the petitioner at Annexure-‘B’ series, has already been issued by the respondent No.3 – Karnataka State Open University (for short ‘KSOU’). It is the grievance of the petitioner that despite having issued the aforesaid degree certificate/marks sheet etc., the third respondent – KSOU is not taking steps to authenticate/certify the said documents and issue authenticated copies to the petitioner, who is before this Court by way of the present petition. 5. Per contra, learned counsel for the respondent No.3 – KSOU submits that there is no merit in the petition and the same is liable to be dismissed. 6. A perusal of the marks cards/degree certificate etc., issued by the respondent No.3 at Annexure-‘B’ series would indicate that the respondent No.3 has issued the same in favour of the petitioner, who is presently residing at Punjab having obtained a compassionate appointment from the respondent Nos.4 to 6 – Postal Department. It is needless to state that having issued degree certificate/marks cards etc., in favour of the petitioner, who has obtained the compassionate appointment with the respondent - 6 - HC-KAR NC: 2025:KHC:47656 WP No. 24994 of 2025 Nos.4 to 6 based on the said certificates, for the purpose of enabling the petitioner to continue with her employment, it would be just and appropriate to direct the respondent No.3 to issue certified/authenticated copies of the degree certificate/marks cards etc., in favour of the petitioner, within a stipulated timeframe, by issuing certain directions in this regard. 7. 7. In the result, I hereby pass the following: ORDER The Writ Petition is hereby disposed of, subject to the following directions:- i) The respondent No.3/KSOU is directed to issue authenticated/certified copies of the marks cards/degree certificate etc., pertaining to the petitioner by sending copies of the same to the petitioner within a period of six weeks from the date of receipt of a copy of this order. ii) It is further directed that the marks cards/degree certificate etc., of the petitioner sent by her employer i.e., respondent Nos.4 to 6 to the respondent No.3/KSOU shall be verified/authenticated and certified and re-sent back to the - 7 - HC-KAR NC: 2025:KHC:47656 WP No. 24994 of 2025 respondent Nos.4 to 6 by the respondent No.3 within a period of six weeks from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE Bss List No.: 2 Sl No.: 16