IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.58093/2017 (EDN-EX) BETWEEN ANKITA .K D/O BHANUPRAKASH .K AGED ABOUT 20 YEARS R/O. K.L.E. DENTAL COLLEGE RANICHENNAMMA HOSTEL GORGUNTEPALYA BANGALORE-560 022.
(BY SRI. M.T. NANAIAH, FOR ...PETITIONER SRI. PRABHUGOUD B. TUMBIGI, ADVOCATE) AND 1. K.L.E. SOCIETY’S LAW COLLEGE REPRESENTED BY THE PRINCIPAL SRI. M. VISHWESHWARAIAH LAYOUT V BLOCK, WEST CIRCLE 3 BDA LAYOUT, ULLAL POST BANGALORE-560 056.
2. KARNATAKA STATE LAW UNIVERSITY REPRESENTED BY THE REGISTRAR NAVANAGARA, HUBBALI-580025.
...RESPONDENTS (BY SRI. GANAPATHI BHAT VAJARALLI, ADVOCATE FOR R2 V/O DATED 21-12-2017 NOTICE ON R1 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS PERMIT HER TO WRITE THE EXAMS OF THE 5TH SEMESTER OF 5 YEARS BBA, LLB & ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Notice to Respondent No.1 is dispensed with.
2. The petitioner-Ankita K. has filed this writ petition seeking writ of Mandamus directing the respondents to permit her to attend the Exams of the Fifth Semester of 5 years BBA, LL.B.
3. Mr.M.T.Nanaiah, learned senior counsel for the petitioner submitted that the petitioner had regularly attended all the Four Semesters and scored good marks in those Semesters and due to ill health she could not attend all the classes of Fifth Semester. Further, he submitted that the Respondents refused the petitioner to take Fifth Semester Examinations on the ground that she did not have requisite attendance. He contended that her case may be considered on sympathetical grounds as the petitioner is suffering from Rheumatoid Arthritis, due to which, she could not attend the classes and the Doctors who had treated her adviced her to take rest for a period of one month i.e., from 08.08.2017 to 09.09.2017. Therefore, he submits that the petitioner may be permitted to give an appropriate representation to Respondent No.2, giving details of the disease which she is suffering, within two days and that the said Respondent No.2 may be directed to consider the same sympathetically forthwith.
4. Per contra, Mr.Ganapathi Bhat Vajaralli, learned counsel for Respondent No.2 sought to justify the impugned action of the Respondents in not permitting the petitioner to take 5th Semester of 5 years BBA, LL.B as she has shortage of attendance. He further contended that in terms of Regulation 13 of the Karnataka State Law University, Hubli, the student should have put in not less than 75% attendance in the course concerned, provided that a student who has attended not less than 70% of classes in each of the subjects prescribed may be permitted to keep the term for reasons to be recorded in writing and to the satisfaction of the Principal of the College or the Dean of the Faculty as the case may be.
5. Having heard the learned counsel for the parties and taking into consideration that the petitioner is suffering from Rheumatoid Arthritis and the doctors who have treated her adviced her rest, as stated supra, it is for the petitioner to approach Respondent No.2 by giving representation along with relevant medical documents requesting the Respondent No.2 to permit her to take Examinations of Fifth Semester of 5 years BBA, LL.B, within two days from today.
6. If such representation along with the relevant medical documents are submitted to the Respondent No.2, the 2nd Respondent shall consider the same and pass appropriate orders in accordance with law, forthwith as to whether she is entitled to take Examination or not.
With the above observations and directions, the present writ petition is disposed of.
Sd/- JUDGE TL