IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.32274/2016 (EDN – EX) BETWEEN :
KUM. NISHA CHOUDHARY D/O ARUN KUMAR CHOUDHARY, AGED 22 YEARS, R/AT CMRIT GIRLS HOSTEL, IT PARK ROAD, WHITE FIELD, BANGALORE - 560 037. ...PETITIONER (BY SRI N.AMARESH, ADV.) AND :
1 . CMR INSTITUTE OF TECHNOLOGY IT PARK ROAD, WHITE FIELD, BANGALORE-560 037 REP BY ITS PRINCIPAL 2 . THE REGISTRAR VTU, BELGAUM-590001, KARNATAKA. …RESPONDENTS (BY SRI S.KESHAVA RAO, ADV. FOR R-1; SRI P.KARUNAKAR, ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT DATED 25.05.2016 AS AT ANNEXURE-C ISSUED BY THE R-1 AND ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS TO RECONSIDER THE CASE OF THE PETITIONER AND ALSO DIRECT THE RESPONDENTS HEREIN TO PERMIT THE PETITIONER TO APPEAR IN B.E. VI SEMESTER EXAMINATION TO BE HELD BETWEEN 10.06.2016 TO 30.06.2016 AS PROVIDED AT ANNEXURE-E.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the endorsement dated 25.5.2016 issued by the respondent No.1 inter alia seeking a direction to the respondents to reconsider the case of the petitioner and to permit her to appear for B.E. VI semester examination to be held from 10.6.2016 to 30.6.2016.
2. By virtue of the interim order granted by this Court, the petitioner was permitted to appear for the VI semester as well as VII and VIII semesters examination. Learned counsel on instructions of Sri.Chandrashekar B, Special Officer, Examination Section, VTU, would submit that the result of the petitioner relating to the VI and VII semesters has been declared and hence the writ petition has rendered infructuous.
3. Learned counsel for the petitioner would submit that the result of the VIII semester B.E. examination (Electronics & communication) has not yet been declared and seeks for a further direction to the respondent-University to declare the result of the petitioner of the VIII semester examination which she has appeared pursuant to the interim direction issued by this court.
4. Having regard to the facts and circumstances of the case, this Court is of the considered view that the writ petition has rendered infructuous so far as the prayer sought in the writ petition. However, in view of the interim direction issued by this Court permitting the petitioner to appear for the VII and VIII semesters examination, result of the VII semester examination has been declared, the respondent-University is directed to declare the result of the VIII semester examination of the petitioner in B.E.
(Electronics and communication) and issue the marks cards/certificates forthwith.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE Dvr: