Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010488082026 NC: 2026:KHC:49303 WP No. 22009 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. 22009 OF 2026 (EDN-RES) BETWEEN:
SRI. MADAN. B. N.
S/O SRI G.NAGARAJAIAH, AGED ABOUT 43 YEARS, NO. 261/1/3, 2ND MAIN ROAD, SHIVANNA LAYOUT, RR NAGAR, BANGALORE-560098. …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
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HC-KAR
CNR: KAHC010488082026 NC: 2026:KHC:49303 WP No. 22009 of 2026
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO ISSUE DEGREE/CONVOCATION CERTIFICATE, VERIFY MARKS CARD IN RESPECT OF HIS BCA DEGREES OBTAINED FROM IT WITH REGISTRATION NUMBER 0923LBCA28 DURING THE YEAR 2009-2011 RESPECTIVELY AND ALSO ISSUE GENUINENESS CERTIFICATE TO THE PETITIONER WITH RESPECT TO THE COURSES UNDERTAKEN BY HIM IN ORDER TO ENABLE HIM TO UTILIZE THE DEGREES IN FUTURE FOR HER JOB AND OTHER PURPOSES.
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 filed the present petition to direct respondent No.1 to issue Degree/Convocation Certificate, verify marks cards in respect of the BCA Degree obtained with registration number 0923LBCA28 during the year 2009-2011 and also issue Genuineness Certificate to the petitioner with respect to the courses undertaken by him.
2.
Learned counsel for the petitioner relies on the observations made in W.P.No.26924/2026 and submits that the petition may be disposed of on same terms.
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HC-KAR
CNR: KAHC010488082026 NC: 2026:KHC:49303 WP No. 22009 of 2026
3.
Learned counsel for respondent No.1 submits that on identical terms, matter may be disposed of, while also calling upon the petitioner to file appropriate representation for declaration of class of passing in the marks cards.
4. The observations made in W.P.No.26924/2026 at para-3 and 4 reads as hereunder:
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:
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HC-KAR
CNR: KAHC010488082026 NC: 2026:KHC:49303 WP No. 22009 of 2026
“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 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
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HC-KAR
CNR: KAHC010488082026 NC: 2026:KHC:49303 WP No. 22009 of 2026
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 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."
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HC-KAR
CNR: KAHC010488082026 NC: 2026:KHC:49303 WP No. 22009 of 2026
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."
5. In light of the same, respondent No.1 is
directed to verify and issue the Genuineness Certificate while also declaring the class of passing, taking note of the representation to be made out by the petitioner in that regard.
6. The petitioner to make a representation to the respondent - University within one (1) week for declaration of class of passing. Thereafter, respondent No.1 to issue Genuineness Certificate after due verification as per procedure and send a copy to the petitioner within
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HC-KAR
CNR: KAHC010488082026 NC: 2026:KHC:49303 WP No. 22009 of 2026
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.: 24