Karnataka HC quashes KEA note on 2020-21 PU students
Bengaluru, Sep 3: The Karnataka High Court on Saturday quashed a note issued by the Karnataka Examinations Authority (KEA) by which second year pre-university exam marks of students from the 2020-21 batch was not considered for rankings in entrance to professional courses.
For students of 2021-22 batch, the usual 50 per cent Common Entrance Test marks and 50 per cent second year PU marks were considered. But for students of the 2020-21 batch, only the CET test marks was considered as per this note.
The KEA's rationale for not considering second year PU exam marks of 2020-21 students was that they were promoted based on internal marks as exams were hampered during the COVID-19 pandemic.
The single-judge bench of Justice S R Krishna Kumar quashed the July 30 note of the KEA and directed it to redo the entire rank list after considering 50 per cent PUC marks and 50 percent CET marks of all students.
The court, quashing the note said, considering PU second year marks as 'nil' "would lead to and result in absurd consequences which cannot be countenanced in the facts and circumstances of the instant case."
The KEA note was found illegal on several counts. The provision made for CET ranking in 2020-21 cannot be extended to 2021-22, the court said.
The court also said the July 30 note is contrary to the KEA's own bulletin. The "impugned note is contrary to the principles of legitimate expectation and promissory estoppel and the same deserves to be quashed," the court said.
The court, during an earlier hearing, had suggested a compromise formula where 75 per cent CET marks and 25 percent second year PU marks would be used to compute the CET rankings. The KEA, though, was not open to such a compromise.
On Saturday, the court upheld the petition by scores of students in 10 different petitions and quashed the KEA's note. Now, the entire CET ranking for entrance to professional courses has to be redone on the 50-50 formula.
This year, there were around 24,000 students from the 2020-21 batch who were relating their appearance for the CET exams. These students who passed PUC in 2020-21, writing the CET in 2022, approached the High Court.
"The non-consideration of qualifying marks of repeater students while determining the merit/rank in KCET, 2022 is violative of the CET-2006 Admission rules and has an effect of deterioration of ranks thereby causing grave injustice as it is prejudicial, unfair, inequitable and against the principles of natural justice," the petitioners had claimed.
Advocate Shathabish Shivanna, who fought the case on behalf of the students, said more than 24,000 students would benefit from the judgement.
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Lakhimpur Kheri violence case: SC expresses disappointment over non-production of witnesses in trial
New Delhi (PTI): The Supreme Court on Friday expressed disappointment over the non-production of witnesses in the ongoing trial against Ashish Mishra, son of former Union minister Ajay Mishra, and others in the 2021 Lakhimpur Kheri violence case.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said the status report filed before it by the Uttar Pradesh government has not assigned any reason whatsoever for the non-production of witnesses.
It noted that no witnesses have been examined in the trial for the last two months.
"We direct the presiding judge to take lawful measures to secure the presence of witnesses," the bench said.
It asked the trial judge to make an endeavour to conclude the trial in a time-bound manner, and also to file a status report before it.
The trials in two cases related to the incident are going on before a court in Uttar Pradesh.
The bench noted that in the first case, out of 131 witnesses to be examined, 44 have been examined, 15 have been discharged and 72 are still to be produced.
In the second FIR, out of 35 witnesses, 26 have been examined and nine were left, it said.
Senior advocate Siddharth Dave, appearing for Ashish Mishra, said that as per the latest status report filed by Uttar Pradesh, 44 witnesses have been examined so far in the first FIR.
"No witnesses have been examined in the last two months," Dave said.
He argued that the last status report filed by the state in March also said that 44 witnesses had been examined.
"What have you done from March till today?" the bench asked the counsel appearing for Uttar Pradesh.
The state's counsel said that 3-4 witnesses were summoned for the recording of their deposition during the trial.
The bench said at least 7-8 witnesses should be summoned instead of three or four for a day, so that even if some of them do not turn up, the trial court could proceed with the recording of statements of those appearing before it.
The top court also wondered how official witnesses can remain absent during the trial.
"We are disappointed to note that the so-called status report does not assign any reason whatsoever for non-production of witnesses...," the bench said.
Advocate Prashant Bhushan, appearing for the relatives of the farmers who were allegedly mowed down in the incident, said the apex court will have to do something regarding the manner in which the trial was going on.
The bench noted that besides the two FIRs, another FIR was registered in October last year concerning alleged witness intimidation.
It said that, as per the state's status report, the chargesheet was filed against the main accused in that case.
The bench noted that the status report reveals that, as far as Ashish Mishra is concerned, his alleged role in the third case is still being investigated.
The top court directed the investigating officer of the third case to conclude the pending probe and ensure that the appropriate report is filed before the concerned court within four weeks.
The bench posted the next hearing in the Lakhimpur Kheri violence case for July.
On October 3, 2021, eight people, including four farmers, were killed in Tikunia in Lakhimpur Kheri district during a protest by farmers against Deputy Chief Minister Keshav Prasad Maurya's visit to the area.
Four farmers were mowed down by a sports utility vehicle. A driver and two BJP workers were then allegedly lynched by angry farmers. A journalist also died in the violence.
In one of the cases, the trial court in December 2023 framed charges against Mishra and 12 others for alleged murder, criminal conspiracy and under other penal laws in the case of the farmers' deaths, paving the way for the trial.
