PRINCIPAL, ARISTOTLE COLLEGE OF DIPLOMA IN EDUCATION Vs. PRINCIPAL SECRETARY PRIMARY AND SECONDARY EDUCATION GOVERNMENT OF KARNATAKA AND DIRECTOR, OTHER EXAMINATIONS KARNATAKA SECOND EDUCATION EXAMINATION BOARD

JUDGEMENT

(1.) THESE petitions are disposed of by this common order having regard to the facts and circumstances. The petitioners represent institutions. In terms of the National Council for Teachers Education Act, 1993 (for short "NCTE") requires them to submit applications for grant of recognition to commence the course in Elementary (Diploma in Education) of two and half years duration. It is pursuant to such applications, that recognition may be granted by the NCTE.) Accordingly, the petitioners claim that they have been granted such recognition and they have been running the course.

(2.) FOR the academic year 2012 -13 the respective petitioners had admitted students as per the intake permitted. The examination for I year (D.Ed.,) course was scheduled to be held in July 2013. The second respondent -Director, Karnataka Secondary Education Examination Board had issued a notification mentioning the guidelines which were strictly followed by the petitioners in paying the examination fee within the due date and it was duly remitted to the second respondent well before the last date for payment of such fees. The petitioners have sought to produce the copies of challans in this regard. It is however claimed by the petitioners that there were objections raised by the first and the second respondents as regards the medium of instruction and the eligibility criteria of the students and that they could not be permitted to take examination on that ground.

(3.) THE learned Government Advocate on receiving notice of the petition and on obtaining instructions would now submit that insofar as payment of late fees and the grievance of the petitioners is concerned, admittedly the students were permitted to take the examination conducted in July 2013, only on the undertaking by the respective colleges, including the present petitioners, that they would comply with furnishing the necessary eligibility criteria of the students apart from paying all such penal fees as was due. The petitioners had, at a meeting of the several institutions including the present petitioners and the officials of the Secondary Education Board undertaken to pay all dues as was arrived at. It was on that basis that the petitioners were permitted to field their students at the examination and at this point of time it was unavailable for the petitioners to contend that they are not ready to pay any fine or supply any information to enable the respondents to announce the results of the students and permitting them to take supplementary examination in the event that they have failed.