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2025 DAILYLAW 9146 (KAR)

AKASH AND ORS v. STATE OF KARNATAKA AND ORS

WP/200461/2024 · 2025-04-26

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC-K:2515 WP No. 200461 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.200461 OF 2024 (EDN-RES) BETWEEN: 1. MR. AKASH S/O. SURESH SHEELVANT, AGED ABOUT 35 YEARS, R/AT: PLOT NO.57, SEDAM ROAD, SAI NAGAR, KALABURAGI – 585 105. 2. MR. PANCHAKASHRI S/O. SHIVAKUMAR, AGED ABOUT 33 YEARS, R/O: 4-213, HOLIKATA, MAKTAMPUR, KALABURAGI – 585 105. 3. MR. AVINASH S/O. KRISHNA SONAR, AGED ABOUT 34 YEARS, R/O: 119EWS, MSK MILL ROAD, SHANTI NAGAR, KALABURAGI – 585 103. …PETITIONERS (BY SRI. SUSHIT GANACHARI, ADVOCATE FOR SRI. ABDUL MUQHTADIR, ADVOCATE) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2515 WP No. 200461 of 2024 AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DIRECTORATE OF EMPLOYMENT & TRAINING, MISSION ROAD, SAMPANGIRAM NAGAR, BENGALURU – 560 027. 2. KARNATAKA STATE DENTAL COUNCIL, REPRESENTED BY ITS REGISTRAR, NO.23, APPAJAPPA AGRAHARA, 1ST MAIN CHAMRAJPET, BENGALURU – 560 016. 3. PROF. P.S. CHOUDARY ITC REPRESENTED BY ITS PRINCIPAL, ALAND ROAD, KALABURAGI – 585 103. 4. THE DIRECTOR OF TRAINING, DIRECTORATE GENERAL OF EMPLOYMENT & TRAINING NO. 2 & 4, RAFI MARG, SHRAM SHAKTI BHAVAN, NEW DELHI -110 001. 5. DEPARTMENT OF HEALTH AND FAMILY WELFARE, REPRESENTED BY ITS DIRECTOR, AROGYA SOUDHA, MAGADI ROAD, BENGALURU – 560 023. …RESPONDENTS (BY SMT. ARCHANA P. TIWARI, AAG A/W SRI. SHESHADRI JAISHANKAR, AGA FOR R1 & R5; SRI. SANJAY M. JOSHI ADVOCATE FOR R3; R2 & R4 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO - 3 - NC: 2025:KHC-K:2515 WP No. 200461 of 2024 ISSUE AN APPROPRIATE WRIT DIRECTIONS OR ORDERS ISSUE AN APPROPRIATE ORDER/DIRECTION/WRIT IN NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION VIDE ANNEXURE-J1, J2 AND J3 DATED 13.07.2023 AND ANNEXURE-K1, K2 AND K3 DATED 16.08.2023. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Sushit Ganachari who represents Sri Abdul Muqhtadir, learned counsel on record for the petitioners as well as learned Additional Advocate General who represents the State. Also heard Sri Sanjay M.Joshi, learned counsel for respondent No.3. 2. Learned counsel for the petitioners submits that the petitioners took admission in the trade of Dental Lab Technician under Craftsman Training Scheme at the college of respondent No.3 and studied therein. The petitioner No.1 pursued the studies during the academic year 2005-2007, petitioner No.2 during the academic year 2006 to 2008 and petitioner No.3 - 4 - NC: 2025:KHC-K:2515 WP No. 200461 of 2024 during the academic year 2007 to 2009. Though the petitioners were given provisional marks sheets, they did not receive the NCVT certificates. In that regard, the petitioners gave number of representations to the department of Employment and Training, Bengaluru. However, there is no response and hence, the present writ petition is filed. 3. Learned Additional Advocate General submits that no permission for admitting the students for the course of Dental Lab Technician was issued and without obtaining such permission, respondent No.3 took the students and got them admitted and therefore, they are not entitled for any such certificates. 4. Learned counsel for respondent No.3 states that the Department of Employment and Training issued Hall Tickets and conducted examinations and therefore they cannot withhold the certificates. 5. The fact that the petitioners studied during the academic years as mentioned in the writ petition is not in dispute. The fact that they appeared for the examination that was conducted by the Department of Employment and Training - 5 - NC: 2025:KHC-K:2515 WP No. 200461 of 2024 and cleared the exams also not in dispute. Also it is not in dispute that they received provisional marks sheets. Therefore, the Department of Employment and Training ought to have looked into the issue of issuance of NCVT certificates. However, as per the submission that is made by the learned counsel for the petitioners even the representations of the petitioners were not considered till now. 6. Having regard to all these facts this Court is of the view that a direction is required to be issued to respondent No.1 to look into the issue, verify about the feasibility of issuing NCVT certificates as per the norms prescribed and give appropriate reply to the representations that were given by the petitioners dated 13.07.2023 found at Annexure-J1 to Annexure-J3. Thus, the writ petition is disposed of with the following direction : i) A mandamus is issued to respondent No.1 to consider the representations of the petitioners dated 13.07.2023, look into the feasibility of issuing NCVT certificates and give appropriate reply to the representations within a period of - 6 - NC: 2025:KHC-K:2515 WP No. 200461 of 2024 four weeks from the date of receipt of certified copy of this order. ii) The decision taken be communicated to the petitioners. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE SN List No.: 1 Sl No.: 30 CT:NI