IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT REVIEW PETITION NOS.396/2018 & 400-407/2018 IN W.P.NOS.52234-242/2017 (EDN EX) BETWEEN 1. HEMANTH KUMAR. B. N. S/O NAGARAJ B N AGED 21 YEARS R/A BEHIND SHESHADRIPURAM COLLEGE BANGALORE - 78 IDS14AE066 2. SAI PRASHANTH N S/O NARAYAN A AGED 21 YEARS R/A NO 4/33, SUMUKHA, 7TH PHASE J P NAGAR, BANGALORE-78 IDS14AE065 3. ABHILASH MANJA S/O VENKATESH MANJA AGED 21 YEARS P/O, NADA KUNDAPURA THALUK IDS14AEC003 4. RISHAB K.S. SISODIA S/O SUMATHILAL K.S AGE 21 YEARS R/A NO.615, 14 MAIN K S LAYOUT, BANGALORE-78 IDS14ML025 5. AMIT S.
S/O K SHEKHAR AGED 21 YEARS NO.20/B, MUNESHWAR NAGAR BANGALORE - 70 IDS14EE104.
6. AMAN BAJAJ S/O SURESH AGARWAL AGED 21 YEARS NO.808, 37TH MAIN, 17TH D CROSS J P NAGAR, 6TH PHASE, BANGALORE-78 IDS14EC708 7. HARISH S/O RAJA AGED 21 YEARS R.A NO.594, KORAMANGALA 8TH BLOCK BANGALORE - 95 IDS14EC717 ... PETITIONERS (BY SRI PRAKASH M H, ADV.) AND 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT M S BUILDING, BANGALORE-01.
2. THE VICE CHANCELLOR VISHVESHWARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA MACCE, BELAGAVI KARNATAKA - 590078.
3. THE PRINCIPAL DAYANAND SAGAR COLLEGE OF ENGINEERING SHABIGE MALLESHWARA HILLS KUMARA SWAMY LAYOUT BANGALORE - 78 4. CONTROLLER OF EXAMINATION DAYANAND SAGAR COLLEGE OF ENGINEERING SHABIGE MALLESHWARA HILLS KUMARA SWAMY LAYOUT BANGALORE - 78. ... RESPONDENTS (BY SMT PRAMODHINI KISHAN, AGA FOR R1, SRI SANTHOSH.S.NAGARALE, ADV. FOR R2, SRI H.M.MURALIDHAR, ADV. FOR R3 & R4.) THESE REVIEW PETITIONS ARE FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO A. DIRECT THE REGISTRY TO PUT UP RECORDS PERTAINS TO W.P NO.52234-242/2017 (EDN-EX).
B. ALLOW THE REVIEW PETITION.
C. REVIEW THE ORDER DATED: 05.06.2018 PASSED IN W.P.NO. 52234-242/2017 (EDN-EX) AND TO ALLOW THE SAME IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY.
THESE REVIEW PETITIONS COMING ON FOR ‘ADMISSION’ THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER The petitioners have filed these Review Petitions seeking to recall the Judgment & Order dated 05.06.2018 rendered by a Co-ordinate Bench of this court denying relief to them, inter alia placing reliance on a judgment rendered yet another Co-ordinate Bench, though arguably which may not be of much relevance.
2. The grounds for review as stated in the petitions and as urged before the Court are several; however there need not be a detailed consideration of those aspects in view of the latest development in the case, ie., all the petitioners except Petitioner No.1 having appeared in the subject examinations on the strength of ad interim order of this Court are stated to have qualified for entry to the next level.
3. Dr. Kiran, who happens to be the Controller of Examinations of the respondent-College having appeared on request and having perused the papers after opening the sealed cover, vouches the same.
4. In view of the above, these Review Petitions are disposed off with the understanding that this order having been made in peculiar circumstances of the case is not intended to be treated as a precedent or for parity of treatment.
5. The Review Petition so far as petitioner no.3 is concerned stands negatived.
6. It is needless to mention that the successful petitioners shall be supplied with marks cards of the examinations which they have written pursuant to the interim order of this court and further that they would be permitted to participate in the ensuing examinations/tests which are scheduled to commence from day after tomorrow.
Sd/- JUDGE Chs* CT-HR