KARNATAKA STATE OPEN UNIVERSITY, v. DEEPA CYNTHIA S,
WA/9/2026 · 2026-03-10
C M Poonacha
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 8128 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8128 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14288-DB WA No. 9 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 9 OF 2026 (EDN-RES) BETWEEN:
1.
KARNATAKA STATE OPEN UNIVERSITY MUKTHA GANGOTRI MYSORE - 570 006 REP. BY ITS REGISTRAR …APPELLANT (BY SRI T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE) AND:
1.
DEEPA CYNTHIA S W/O. ANTON PILLAI AGED ABOUT 43 YEARS R/O. NO.7122, PRESTIGE ROYAL GARDEN AVALAHALLI, YELAHANKA BENGALURU - 560 064 STUDENT OF BACHELOR SCIENCE (IT) REG. NO.042850128 …RESPONDENT
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RELEVANT RECORDS AND SET ASIDE THE IMPUGNED ORDER DATED 28/10/2025 PASSED IN W.P. NO.22238/2025 (EDN-RES) BY THE
Digitally signed by SRIDEVI S Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:14288-DB WA No. 9 of 2026
LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND DISMISS THE SAID WRIT PETITION BY ALLOWING THIS WRIT APPEAL.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. For the reasons stated in the application – I.A.1/2026, the same is allowed. Delay in filing the appeal is condoned.
2. The appellant [KSOU] has filed the present appeal impugning an order dated 28.10.2025 passed by the learned Single Judge in Writ petition No.22238/2025 (EDN-RES), wherein the said petition was allowed.
3. Respondent No.1 filed the said writ petition inter alia praying that directions be issued to KSOU to issue the Bachelor of Science in Information Technology (B.Sc.-IT) Degree to respondent No.1, for having completed the said course in the year
2007.
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HC-KAR NC: 2026:KHC:14288-DB WA No. 9 of 2026
4. Concededly, the question involved in the writ petition is covered in favour of the writ petitioner by various decisions rendered by this Court.
5. The learned counsel for KSOU also fairly points out the
Order dated 03.09.2024 in WA No.1025 of 2022 passed by the Coordinate Bench of this Court in the case of Karnataka State Open University Vs. Sri Thirumalesh C.A. and others1. The
facts in the said case are materially similar to the facts obtaining in the present case. The learned Division Bench rejected the appeal preferred by KSOU against an order dated 02.08.2022 passed in WP No.2795 of 2022 (EDN-RES) whereby the KSOU was directed to issue a degree Certificate to a candidate who had successfully completed the course of Bachelor of Science in Information Technology (B.Sc.-IT) Degree in the year 2012. The relevant extract of the said decision is set out below:-
"2. It is submitted by the learned counsel appearing for the appellants that the first respondent was a person who was admitted to B.Sc., Degree (Information Technology) during the year 2007 and completed the course in the year 2012 through the Mysore Computer Training
1 NC:2024:KHC:35964-DB
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HC-KAR NC: 2026:KHC:14288-DB WA No. 9 of 2026
Academy which is one of the Study Centres of the Appellant University. It is submitted that the learned Single Judge has held that since there was recognition for the courses conducted by the Appellant University upto the Academic year 2012- 13, the first respondent was entitled to the degree certificate since he had been enrolled in the year 2007 and had completed his degree in 2012. It is submitted that the cases which were referred to by the learned Single Judge, while allowing the writ petition had no application since it was in respect of non-technical degrees like M.A and B.A that the earlier judgments had been rendered and since the degree in the instant case was one of B.Sc., Degree (Information Technology). The judgments relied on would have no application to the instant case."
3. The
learned counsel for the first respondent would however, rely on judgment of the learned Single Judge of this Court in WP No. 11399/2024 rendered on 20.06.2024, where the question of grant of degree certificate of M.Sc., in Information Technology was specifically considered by this Court.
4. After considering the contentions of the University as well as the University Grants Commission(UGC), it was held that since the Study Centre was situated within territorial jurisdiction of the University and since the degree of M.Sc., in Information Technology was not a technical degree which came within the purview of the All India Council for Technical Education(for short ‘AICTE’), the grant of degree certificate cannot be denied. The said judgment is subjected to an intra-court appeal and a co-equal bench of this Court in WA No. 1116/2024 considered the issue and by
judgment dated 22.08.2024, affirmed the judgment of the learned Single Judge.
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HC-KAR NC: 2026:KHC:14288-DB WA No. 9 of 2026
5. Having considered the
contentions advanced, we notice that in the instant case also, this specific contention of the appellants before the learned Single Judge was that he had enrolled for the course in the year 2007 and had completed the course in 2012. Learned counsel appearing for the appellants does not dispute these facts. Further, we notice that though the degree is B.Sc., in Information Technology, the appellants as well as the UGC have not raised any contention that the said degree is a technical degree which is subject to the AICTE regulation."
6. KSOU had preferred a Special Leave Petition, SLP (Civil) No.27832 of 2024, against the said order, which was dismissed by the Supreme Court on 06.12.2024. The order passed by the Supreme Court reads as under:-
"We have heard learned counsel for the petitioners. We do not understand as to why the petitioner has approached this court and we do not find any merit in this Special Leave Petition. Hence, The Special Leave Petition is dismissed. However, we refrain from imposing cost in the matter. Pending application(s), if any, shall stand
disposed of."
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HC-KAR NC: 2026:KHC:14288-DB WA No. 9 of 2026
7. In view of the above, we find no grounds to interfere with the impugned judgment. The appeal is accordingly dismissed.
8. Pending application is also disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
SD List No.: 2 Sl No.: 32