High Court Karnataka High Court

Divya Kotambri D/O Gurushantappa … vs The State Of Karnataka on 9 June, 2008

Karnataka High Court
Divya Kotambri D/O Gurushantappa … vs The State Of Karnataka on 9 June, 2008
Author: B.S.Patil
WP 1798919007
1
IN THE HIGH COURT OF KARNATAKA AT 3ANGALORE

DATED TI-{I3 THE 0911* DAY OF' JUNE, 2903

BEFORE

mm HOIPBLE MR.JUBT!C§E i§.s.:=m''e:L .;   " 

wnrr wrrrzog N0. ;1g§9 (fin __  '~ . «. "  

BETWEEN:

DIVYA KOTAMBRI, V '  r
1:310 GURUSHANTHAPPA KA-'i'AM}31?3,_ I
AGE: 16 YEARS, 
SINCE MINOR REPRESENFED BY,  ,
HER FATHER AND NA'I'?3Rl'.L GUARDIAR]
GURUSHANTAPPA K(}"I'A3\f£§i~'€E.  ' ~
S/O SIDDAPPA KOTAMBEJ, 
AGE:58YEARS,      '_
HOUSE No.17, LINQARA-5_ 2*¥AGr1R,  '. 
HUBL§---580 __      

. FETITIONER
{BY SR1. NEELA;<k~x2¢TAr3:=;;'v-:s§.'r*1;'jA§,' ADWJ5

AND:

_1, THE s'rATs.oF KAVRNAVTVAKA.

  A ..... .. V
EDUCATION DEPARTMENT,

V'; TECHNICAL * EDUCATION,

'4:z_y1;:3,BUiA1,:j:zgGv,  
1:;-R. PJv}BEDKAR VEEDHI,
BA1~IQ.A1oR_E -'~-5_so 001.

. THE 15i12Et:Td:é OF TECHNICAL EDUCATION,
._ '-GovEr2Nxs.¢E~1~rr op' KARNATAKA,
hp-ALacE ROAD,

 - 560 001.

 THE CHAIRMAN NODAL CENTRE.

  'V DIPLOMA ADMISSEON THROUGH

"VCENTRALISED SELEC'I'ION, 209?,

 DEPARTMENF OF TECHMCAL EDUCAITON,

OFFICE OF THE DIRECTOR,
TECHNICAL EDUCATION,
PALACE ROAD,
BANGALORE --- 560 001



WP 17989f'2007

4. THE PRINCIPAL,
JSS - K}-L KABBUR INSTI'I'UTE
OF' ENGINEERING,
VEDYA GIRL
DHARWAD - 580 004.  RESPONDENTS

(BY SR1. B.MANOHAR, AGA FOR R1 TO 3.3;

3:21. S.P.KULKARNI, ADV. FOR R4}

THIS PETITION IS FILED UNDER ARTICLES 226 &”A2é7.oF”*i’§a:;’ _.’? H

CONSTITUTION OF INDIA PRAWNG TO QUASH THE IMPFJGNEED ‘NOTICE

CUM ORDER AT ANNEXUREJ3 ISSUED BY.;-W»..RESP0ND’E1\?:’ ISATED’, ‘V

24.08200′? AS ILLEGAL AND ONE WITHOUT dI}RISI_3ICIT§’C’¥§I V,’ ‘V ‘

THIS PETITION comma ON ma PRELI MINARY “B! ”

GROUP, THIS DAY, THE COURT MADE EEOLLOWING; 7’

oR.nmR”=.. ‘ ” V’

1. In this Writ petitibiag’ is challenging
A1mexu;re~G endorsement by the 4th
respondm:.1t~PI1I1′ of Engineering,

Vidya Giri, Dhaiw=za.r1. ” ‘

2. As ” the petitioner~student is

informed t_ha£”a§ vs1;e.1w~e;.s;»§~;1e1igib1e for being adnaittcd to

V.33’i1?10311?i”;=i.fl:_A11§0m§bfl£..___Eng,i11¢cring course for the academic

less than 16 years of age as on 1.7.2007,

vher “a<i[V§1issxi£)1i-'V."}1a§ivbeen cancelled. The 4&1 respondent has

issued évgnifigunicafion based on the letter dated 22.8.2007'

iiéfiaeéi Secretary, Technical Education Board, Bangalore.

we 17989/200'?

3

3. Petitioner was selected by the 3rd respondenbchairman,

Nodal Centre, thmugh centralised selection for the aeagleixlie

year 2007438 for dipbma course in automobile

She was allotted to the 4*’ Iespondent~C-oIlege.”” ifoii *

admitted. The candidate was directed tgzxmport ii i

of the 4*’? respondenbcoliege on or befoxe

the provisional admission letter to ‘i§emesteiFi:i_:di;;1oina
course is produced by the
to AIIIICXIIIVE:-B provisional lijefifioner mported
to the 431 Iespondentflollegeu for the
first semester ueiieineexing course.

Petitioner    for having paid the

necessary fees at D. _'

4. At the of’i’admission, it was noticed by the

vmxghoxifies petiiltionerwwas not eligible as per the relevant

19i:ales;if<:~rV to diploma course in automobile

Vengiileenringvezsu–éhe'l:=lied not completed 16 years as on 1.7.2007.

Therefore x Fe cipal of the College was communicated vide

jf 'A:1n.cxur¢gR4" letter dated 22.03.2007 informing that admission

of lpe-llzitioner was not approved. Based on the same, 4'51

ii 'ficlent issued notice to the student informing that her

wp 17939/2007
4

mlmission for the diploma course in automobile was cancelled.
Petitioner appears to have made representation addressed to the

authorities through her father requesting for

appear for the examination and makm g an _

to cancel her admission. When the author’ities ‘did.

the petitioner to appear for the examiaation, A. A’

petition.

5. This Court granted an 1.2007
staying the operation communication
Am:1exu1e~G. RCSp0fld€fli$.–‘3’v;3£f:”4 to permit the
petitioner to examination of
diploma in autozlrohiie’ to the result of the
writ pefitioen. 1″ appeared for the first
semester exaxzririatioxas. — dd ” ‘–

6. Cogntentiozr of the Counsei for the petitioner is

she made to the course and prosecute her studies

Without that she was in any manner ineligble to

take di;:_)iaz:1a1.:”‘.e;’x¢..ii.'<A:to11;t's'.t-': in automobile engineering and that the

i."V'a1ithoxfities~vV_x$€re1e not justified at this distance of time in

the adzzms' sion made.

we 1793912007

7. Respondents 1 to 3 have filed statement of objectioiis.

Learned Addl. Government Advocate brings to my ~ V.

relevant ruies regarding Selection of Candidates it

to Government and Aided Polytecihiiioe «_ tend « i

Institutions: (Full Time and Part Time}

provide for the eligibility criteria.””i?;u1e “3(.1.)(a1;{ijii)as

1.mder:~ it it E
“In the case of candicietes’ in
automobile, the candidate _1iair_e the
age of 16 yeeirsigesionizfhe _Jtify’- the year of
admissioxfl» 4- = ‘

3. The §.e”iepreseiited by Sri s. P.Ku}ka1:t1i,

Advocate, wliao has e.’;:}-iitertient of objections.

“edge, admittedly the petitioner having been

Abo_Vm.:0n_ was short of one month and one day in

attsaiiieiiiigeitlie years at the time of admission. Thexefoze

she wae” ineligiifle for being admitted to the course. However

Jqofieing this, the 316 respondent–ChJa1rman of the Nodal

{jentre'”for admission to diploma courses thxough centralised

T -eeieofion gave provisional admission order to the petitioner for

the first semester diploma course and allotted her to the 43*

Iespondent-College. Thereupon the 4*’-‘1 respondent has given

5

‘A U 11111 Judge

WP 1′?989/200′?’

studics. It has to be made clear that petitioner shall 3′;.,@§ be
made to pay any fees either towards tuition fees or othe:$fi7i§€§.fbx
getting herself madlfiified. In the V’
cifirumstances of this case, this magmas:

adopted in the ends ofgusfice.

10. In the result, this writ is” a
direction to the mspcndeng§ .13:_ th1’e’V;;:$étiiVioner for
the current academic in Automobile
Engzlecring fortl1}29’i*§:l’§ _’ any fees

fmm her.

Sd/-»