- 1 - HC-KAR CNR: KAHC010488062026 NC: 2026:KHC:49305 WP No. 21987 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 21987 OF 2026 (EDN-RES) BETWEEN: SRI. MANJUNATH. J S/O SRI JAYAKUMAR G., AGED ABOUT 40 YEARS, NO. 304, 23RD MAIN, BSK 6TH STAGE, 4TH T BLOCK FURTHER EXTN., THALAGHATTAPURA-POST, BANGALORE-560062. …PETITIONER (BY SRI. ANINDITA CHAKRABOTY.,ADVOCATE) AND: 1. THE REGISTRAR, KARNATAKA STATE OPEN UNIVERSITY, MUKTHAGANGOTRI, MYSORE PIN-570 006. 2. STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR.B.R.AMBEDKAR VEEDHI, BANGALORE 560 001. REP. BY ITS ADDITIONAL CHIEF SECRETARY. …RESPONDENTS (BY SRI. T P RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R1 SMT. MALA B. BHUTE, AGA FOR R2) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010488062026 NC: 2026:KHC:49305 WP No. 21987 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO ISSUE GENUINENESS CERTIFICATE AFTER VERIFICATION OF MARKS CARD IN RESPECT OF HIS BCA DEGREES OBTAINED FROM IT WITH REGISTRATION NUMBER 0923LBCA16 DURING THE YEAR 2009-2011 RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ in the nature of mandamus to direct respondent No.1 to issue Genuineness Certificate after verification of marks card with respect to BCA Degree obtained from it with registration number 0923LBCA16 during the year 2009- 2011. 2. Learned counsel for the petitioner submits that the matter may be disposed of in terms of the order passed in W.P.No.26924/2026. 3. Learned counsel for respondent No.1 submits that taking note of the observations made in - 3 - HC-KAR CNR: KAHC010488062026 NC: 2026:KHC:49305 WP No. 21987 of 2026 W.P.No.26924/2026, the matter may be disposed of on same terms. 4. The observations made at para-3 and 4 of the aforesaid petition reads as follows: 3. Learned counsel, Sri. Rajendra Kumar Sungay for respondent No.1 submits that the matter may be disposed of taking note of the orders of the Co-ordinate Bench of this Court supra. The relevant observations made by the Co- ordinate Bench of this Court in the aforesaid petition reads as follows: "12. The issue involved in this case is squarely covered by the order passed by a Co-ordinate Bench of this Court in the case of SMT.SARASWATI BIRADAR vs. KARNATAKA STATE OPEN UNIVERSITY AND OTHERS (W.P.No. 28903/2024 disposed of on 15.04.2025), wherein the Co-ordinate Bench, after considering the entire material on record, has held in paragraph Nos. 10 to 12 as follows: “10. A perusal of the material on record will also indicate that the petitioner having enrolled/ admitted as a student for MA course in History during the period 2013-14 to 2014- 15 and also having successfully completed/passed the examination/course, pursuant to which the KSOU has issued marks card/sheet in her favour duly - 4 - HC-KAR CNR: KAHC010488062026 NC: 2026:KHC:49305 WP No. 21987 of 2026 acknowledging the same, respondent No.1- KSOU is clearly estopped from declining/refusing to issue a genuineness certificate in favour of the petitioner, particularly when the petitioner has changed her stance and obtained employment as a lecturer of History in Government PU College on the basis of her having studied and successfully completed MA Course in History pursuant to the representation made by the KSOU, whose contention is barred by the principles of estoppel and acquiescence and on this ground also, the impugned communication deserves to be quashed. 11. 11. In so far as the contention urged by the KSOU that there cannot be estoppel against law since the KSOU was not duly recognised by the UGC during the period from 2013 to 2015 when the petitioner had got admitted/enrolled and completed her course in MA (History) and as such, the KSOU is not under an obligation to issue a genuineness certificate in favour of the petitioner is concerned, it is relevant to state that the conduct of the KSOU in holding out and representing that it was entitled to enroll/admit the petitioner as a student to MA course and its subsequent conduct in not only permitting the petitioner to complete the course successfully, but also by issuing marks cards/sheets in favour of the petitioner, who had undisputedly relied upon and utilized the same for the purpose of obtaining employment in Government PU College is sufficient to come to the conclusion that the KSOU is estopped by the principles of promissory estoppel, in as much as the KSOU specifically promised, held out and represented to the petitioner that the MA course conducted by it was legal, valid and proper and also issued marks card/sheet in favour of the petitioner and the genuineness certificate sought for by the petitioner was merely/also an additional document in this regard, which the KSOU was bound to issue having regard to its conduct in favour of the - 5 - HC-KAR CNR: KAHC010488062026 NC: 2026:KHC:49305 WP No. 21987 of 2026 petitioner and as such, this contention urged by respondent No.1-KSOU cannot be accepted. 12. In view of the aforesaid facts and circumstances, I am of the view that the present petition deserves to be allowed and necessary directions be issued to respondent Nos.1 and 4 in this regard.” 13. Admittedly, in the instant case, petitioner has passed the MBA from the erstwhile Academic Collaborative Institution. The issue involved in this case is squarely covered by the order passed by a Co-ordinate Bench of this Court. Hence, in view of the finding recorded by the Co-ordinate Bench in the aforesaid writ petition, I proceed to pass the following: ORDER (i) Writ petition is allowed. (ii) The impugned order – Annexure-D is hereby quashed. (iii) The respondent – University is directed to verify the marks card in respect of the MBA degree, from the Registration No.121952MBA073 and if the marks card is genuine, then issue Genuineness Certificate in the name of the petitioner and send the same to respondent No.3, within a period of eight weeks from the date of receipt of a copy of this order. (iv) In the meanwhile, the respondents are directed not to take any coercive action against the petitioner." 4. In light of the same, the present petition is allowed. Respondent No.1 to verify marks card and Degree Certificate, the details of which are furnished in the writ petition and to issue - 6 - HC-KAR CNR: KAHC010488062026 NC: 2026:KHC:49305 WP No. 21987 of 2026 Genuineness Certificate and send a copy to the petitioner and forward the same to respondent No.4/College. Such process should be completed within a period of eight (8) weeks from the date of receipt of a copy of this order." 5. Accordingly, respondent No.1 to verify the marks card and the Degree Certificate, details of which are furnished and to issue Genuineness Certificate as per procedure after due verification and send a copy of the same to the petitioner. Such process to be completed within a period of eight (8) weeks from the date of receipt of copy of this order. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR List No.: 1 Sl No.: 23