IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2017 BEFORE:
THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION No.34221/2017 (EDN EX) BETWEEN JAIDEEP S., S/O SHIVANNA, AGED 23 YEARS, R/AT S-1263, 4TH MAIN, II PHASE, BHARATHNAGAR, MAGADI MAIN ROAD, VISHWNEEDAM POST, BENGALURU 560091. ... PETITIONER (BY SRI. H MOHAN KUMAR, ADVOCATE) AND 1. STATE OF KARNATAKA, DEPARTMENT OF EDUCATION, M S BUILDING, BANGALORE 560001, REP. BY ITS PRINCIPAL SECRETARY.
2. VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA, MACHHE, BELGAUM 590018, REP. BY ITS REGISTRAR.
3. DR. AMBEDKAR INSTITUTE OF TECHNOLOGY OUTER RING ROAD, MALLATHAHALLI, BANGALORE 560056, REP. BY ITS PRINCIPAL.
4. CONTROLLER OF EXAMINATION DR. AMBEDKAR INSTITUTE OF TECHNOLOGY, OUTER RING ROAD, MALLATHAHALLI, BANGALORE 560056.
5. DEAN (ACADEMIC) DR. AMBEDKAR INSTITUTE OF TECHNOLOGY, OUTER RING ROAD, MALLATHAHALLI, BANGALORE 560056. ... RESPONDENTS (BY SRI. NEELAKANTAPPA POOJAR, HCGP FOR R1, SRI. P.KARUNAKAR, ADV. FOR R2, H.V.HARISH, ADV. FOR R3 TO R-5.) * * * THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 7.6.2017 ISSUED BY R-4 VIDE ANNEX-H IN SO FAR AS THE PETITIONER IS CONCERNED ETC.
THIS WRIT PETITION COMING ON FOR “PRELIMINARY HEARING IN B GROUP” THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner.
2. Learned counsel for the 3rd respondent institute files into the Court a memo enclosing herein a copy of the minutes of the Sixth Academic Council Meeting held on 02.09.2014 and 09.07.2016 and the copy of the Extract of the Guidelines for Implementation of Academic Autonomy.
3. It is not in dispute that the petitioner has exhausted the 5 attempts, which has been permitted by the 3rd respondent institute as per the Regulation 14.0 of the Academic Regulations and having failed to clear the subjects, the petitioner has been declared being Not Fit for the Technical Course [NFTC] and it is this decision, which is called in question by the petitioner herein and the consequential action of preventing him/her from taking up the examination to complete the course.
4. Learned counsel for the respondents and the learned counsel for the petitioner would submit that in the light of the resolution passed by the Sixth Academic Council Meeting held on 02.09.2014 with regard to review of the minutes of the previous academic council meeting held on 31.05.2014 on item No.6 and the resolution passed by the Academic Council in its Meeting held on 09.07.2016 with regard to agenda No.3, whereby similarly placed students have been permitted to take up examinations, the petitioner herein also becomes entitled for a similar relief on the ground of parity. It is no-doubt true that the 3rd respondent institute cannot be coerced in the matter of extension of the relief but, it is also true that it ought to and shall treat similarly placed students on similar terms.
Hence, the writ petition is disposed of directing the 3rd respondent institute to publish the result and to issue necessary certificate and credentials insofar as the petitioner is concerned.
Sd/- JUDGE CT-HR Ksm*