Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010593222026 NC: 2026:KHC:48438 WP No. 26924 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 26924 OF 2026 (S-RES)
BETWEEN:
MS. MARY CECILIA S D/O SAGAYAMANI RAJ. D.
AGED ABOUT 36 YEARS NO.236, 1ST A MAIN ROAD, GOKULAM 2ND STAGE, MYSORE - 570 002. …PETITIONER (BY SMT. ANINDITA CHAKRABOTY, ADVOCATE) AND:
1.
THE REGISTRAR KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTRI, MYSORE - 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.
3.
DEPARTMENT OF COLLEGIATE EDUCATION UNNATHA SHIKSHNA SOUDHA,
Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA
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CNR: KAHC010593222026 NC: 2026:KHC:48438 WP No. 26924 of 2026
PALACE ROAD, BENGALURU - 560 001, REPRESENTED BY ITS COMMISSIONER.
4.
MAHARANI'S WOMEN'S COMMERCE AND MANAGEMENT COLLEGE, VALMIKI ROAD, PADUVARAHALLI, MYSORE - 570 057, REP. BY ITS PRINCIPAL. …RESPONDENTS (BY SRI. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R1;
SMT. MAMATHA SHETTY, AGA FOR R2 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO VERIFY MARKS CARDS AND DEGREE CERTIFICATE IN RESPECT OF HER M.SC., (IT) DEGREE OBTAINED FROM IT WITH REGISTRATION NUMBER 1023LMIT0032 DURING THE YEAR 2010-2011 AND ISSUE GENUINENESS CERTIFICATE TO THE PETITIONER/SENT THE SAME TO RESPONDENT NO.4 FORTHWITH, AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
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HC-KAR
CNR: KAHC010593222026 NC: 2026:KHC:48438 WP No. 26924 of 2026
ORAL ORDER
The present petition has been filed seeking for issuance of a writ in the nature of mandamus directing respondent No.1 to verify marks card and Degree Certificate in respect of her M.Sc. (IT) (degree obtained) and issue Genuineness Certificate. Certain other consequential reliefs have also been sought for.
2. The learned counsel for the petitioner submits that the prayer sought for is limited, insofar as the petitioner only seeks for validation of the marks card and Degree Certificate after due verification. Reliance is placed on the order passed by the Co-ordinate Bench of this Court in W.P.No.13559/2026 disposed on 18.08.2026.
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
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HC-KAR
CNR: KAHC010593222026 NC: 2026:KHC:48438 WP No. 26924 of 2026
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 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
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HC-KAR
CNR: KAHC010593222026 NC: 2026:KHC:48438 WP No. 26924 of 2026
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
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HC-KAR
CNR: KAHC010593222026 NC: 2026:KHC:48438 WP No. 26924 of 2026
document in this regard, which the KSOU was bound to issue having regard to its conduct in favour of the 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
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HC-KAR
CNR: KAHC010593222026 NC: 2026:KHC:48438 WP No. 26924 of 2026
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.
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 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.
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HC-KAR
CNR: KAHC010593222026 NC: 2026:KHC:48438 WP No. 26924 of 2026
5. In the interregnum, the respondents are
directed not to take any coercive action against the petitioner insofar as the petitioner's continuance is concerned.
Sd/- (S SUNIL DUTT YADAV) JUDGE
GJM List No.: 1 Sl No.: 23