IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50690/2019 (EDN – EX) BETWEEN:
HARSHITHA D/O OBAIAH, AGED ABOUT 18 YEARS, R/AT 2ND MAIN, KUVEMPU ROAD, KAKOL ROAD, RAJANUKUNTE, BENGALURU-560073. …PETITIONER (BY SMT.SARASWATHI, ADV.) AND:
1 . SRI JAYACHAMARAJENDRA GOVERNMENT POLYTECHNIC COLLEGE, BENGALURU-560001, REP BY PRINCIPAL 2 . DIRECTORATE OF TECHNICAL EDUCATION REP BY DIRECTOR, IN THE PREMISES OF SJP COLLEGE, K.R.CIRCLE, BENGALURU-560001. …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECT OR ORDER TO THE RESPONDENT TO ACCEPT THE EXAMINATION FEES OF THE PETITIONER AND TO PERMIT THE PETITIONER FOR APPEARANCE IN EXAMINATION WHICH IS COMMENCED FROM 24.10.2019 AND ISSUE HALL TICKET FOR 1ST YEAR DIPLOMA COURSE IN THE AUTOMOBILE ENGINEERING.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a writ of mandamus directing the respondents to accept the examination fees and permit the petitioner to appear for the examination which has been commenced from 24.10.2019 by issuing hall ticket relating to the first year Diploma Course in Automobile Engineering.
2. The petitioner claims to be the student of Sri Jayachamarajendra [Govt] Polytechnic College, Bengaluru having secured admission through online interactive counseling – 2019-20. It is submitted that due to some health issues, the petitioner could not get through the subjects – [1] Maths; [2] AE Theory; [3] Drawing; and [4] English. Hence, the petitioner is before this Court, seeking permission to pay the examination fees and to appear for the examination of the first year first semester Diploma Course.
3. This Court would have taken a lenient/sympathetic view if the petitioner has approached this Court well within a reasonable time. It is obvious that the examination to the first semester of first year Diploma Course has already commenced from 24.10.2019. The reasons assigned inasmuch as the health issues is not supported by any substantial material. Even otherwise, the eligibility criteria has to be complied with. It is pointed out by the learned Additional Government Advocate that to appear for the second semester examination, the student is required to clear four subjects and two practical examinations of the first semester. In view of the examinations relating to the four subjects being already over, no purpose would be served in permitting the petitioner to appear for the fist semester first year Diploma Course of Automobile Engineering at this stage.
4. There is considerable force in the contention of the learned Additional Government Advocate.
For the reasons aforesaid, the writ petition does not merit consideration and accordingly stands dismissed.
Sd/- JUDGE NC.