ORDER
1. Heard Mr. Ko. Vijaya Kumar, learned Counsel for the petitioners and Mr. N.K. Ramesh, learned Additional Government Advocate for respondents.
2. The twelve petitioners herein claim that they had been admitted to the TCH course in an unrecognised institution called ‘Vijayendra T.T.I. College, Sathenahalli, Hassan, during the academic year 1994-95. They have approached this Court for directing the respondent-Karnataka Secondary Education Examination Board (in short the ‘Board’) to permit them to take up the 1st year TCH examination.
3. There is a chequered history of permitting the students of unrecognised institution purporting to train the students in TCH Course in the State of Karnataka at TCH examinations which had led to uncalled for litigations and complications resulting in issuance of ordinances and rendering of several judgments of this Court. These aspects have been considered by this Court in the case Amrith Educational and Cultural Society, Shanthinagar, Bangalore and Another v State of Karnataka and Another and in an unreported Division Bench judgment of this Court in the case State of Karnataka and Others v Ramanareddy Adarsha Vidya Samstha (Regd.) and Others.
4. In the latter Division Bench judgment of this Court, it was held that if the students of TCH course of an unrecognised institution had filed valid applications on or before 10-7-1995 along with the requisite fee, then they should be allowed to appear at the special examination which was to be held during December 1996 as of last chance. Earlier to
that, the State Government, to facilitate the students of unrecognised TCH institutions, had promulgated Ordinance 10 of 1995, dated 31-5-1995 directing the Board to hold special examination for eligible students of unrecognised institution and the students of recognised institution whose admissions were in excess of the prescribed intake during the month of December 1995.
5. The State Government considering that those students who had been given privilege of sitting at the above Special Examinations but did not had appropriate training in Teacher Education course made a special scheme for getting them trained in recognised institutions under ‘Seventeen months Special Training Programme’. The scheme was made and enforced pursuant to the Government Order dated 7-12-1996, the operative portion whereof reads thus.–
“G.O. No. FD 463 PTI 96, Bangalore, dated 7-12-1996
In the background of what is stated in the preamble, for the students who studied during 1993-94 and 1994-95 in the unrecognised TCH colleges and students who have been admitted in excess by the recognised TCH colleges, in order to enable them to continue TCH course are permitted to obtain training in the recognised TCH colleges subject to the conditions mentioned in the Special Programme and the selection of candidates and their distribution shall be done through the Special Officer, CET Cell. This programme is restricted only for once.
This order has been issued after securing the consent of the Finance Dept. vide Note No. FD 1146 Expenditure 8:96, dated 19-10-1996″.
6. Schedule I of the above Government Order contains the instructions with regard to the Special Programme formulated for continuation of studies of students of unrecognised primary school teachers training institutions of the State. This programme was directed to be executed through the CET Cell. Para 2 of those instructions provides for eligibility of candidates to participate in the above said Special Programme. Clause (2-A) of the Schedule is material for the present purpose which reads thus.–
“2. Eligibility.–(A) Only candidates who appeared for the Special Examinations conducted by the Karnataka Secondary Education Examination Board shall be allowed to participate in the Special Programme in accordance with the Government Order”.
7. In the present writ petitions, the petitioners have no where stated that they bad submitted their valid applications in terms of the judgment of the Division Bench of this Court in Ramanareddy Adarsha Vidya Samstha’s case, supra, by 10-7-1995 supported by any acceptable documentary evidence. On the other hand, in the Statement of Objections, the respondent-Board has specifically stated that the petitioners did not submit any application on or before 10-7-1995 as per the decision of this Court and notification of the Government for Special Examinations in respect of TCH Course which were held in month of December
1995 and December 1996 and as such they were not allowed to avail the benefit of Special Examinations held during the months of December 1995 and December 1996. Therefore, it has to be held that they were not eligible to participate in the said Special Programme for TCH Course envisaged in the Government Order dated 7-12-1996 referred to above and take TCH examination as per the said programme.
8. In that view of the matter, the petitioners are not entitled to reliefs as claimed in the writ petitions which are accordingly dismissed.