THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.11548/2019 (EDN – RES) BETWEEN:
KUM. YESHASWINI.V D/O VENKATESH AGED ABOUT 20 YEARS PRESENTLY STUDYING IN FIRST YEAR OF B. ARCHITECTURE COURSE IN DAYANANDA SAGAR COLLEGE OF ARCHITECTURE R/AT No.47, 2ND CROSS, 7TH MAIN SHANKARNAGAR, BANGALORE NORTH NANDINI LAYOUT BANGALORE-560094. …PETITIONER (BY SRI P.P.HEGDE, ADV.) AND:
VISVESVARAYA TECHNOLOGICAL UNIVERSITY REP. BY ITS REGISTRAR JNANA SANGAMA, MACHHE BELGAUM-590018. …RESPONDENT (BY SRI AMBARISH, ADV. FOR SRI SANTOSH S. NAGARALE, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO GRANT PERMISSION TO THE PETITIONER WHO IS NOW STUDYING IN FIRST YEAR OF B.ARCHITECTURE COURSE IN DAYANANDA SAGAR OF ARCHITECTURE, BANGALORE, TO GET HER ADMISSION TRANSFERRED TO RAMAIAH INSTITUTE OF TECHNOLOGY BANGALORE, AS PRAYED FOR BY THE PETITIONER VIDE ANNEXURE-A AND ALLOW THIS W.P.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a writ of mandamus directing the respondent to grant permission to the petitioner who is now studying in First Year of B. Architecture course in Dayananda Sagar of Architecture, Bangalore to get her admission transferred to Ramaiah Institute of Technology, Bangalore in terms of the request/representation made as per the Annexure-A to the writ petition.
2. The petitioner is claiming to be a student of Dayananda Sagar College of Architecture studying in the II Semester at present. The petitioner requested the Dayananda Sagar College of Architecture, Bangalore to permit/change the College to Ramaiah Institute of Technology, Bangalore. In this context, an application is made to the University – respondent to permit her transfer placing reliance on the No objections issued by the Ramaiah Institute of Technology in as much as the transfer of college of the petitioner as sought for, for the academic year 2018-19.
3. Learned counsel for the respondent- university would submit that the transfer of students from one college to another college within the Karnataka State shall be permitted only at the beginning of third, fifth and seventh semesters subject to availability of seats within the permitted intake in respective colleges and subject to the prior approval of the University, in terms of Regulation 14.1 of the Regulations Governing the Degree of Bachelor of Engineering/Technology [B.E/B.Tech] under Choice Based Credit System [CBCS]. The petitioner now being the student of second semester is not eligible for the transfer as prayed in terms of the said Regulation 14.1.
4. There is some force in the arguments of the learned counsel appearing for the respondent- University. As could be seen, the Regulation 14.1 is clear that the transfer of students from one college to another college within the State of Karnataka is permitted only at the beginning of third, fifth and seventh semesters subject to availability of seats. As such, the petitioner being second semester student is not entitled for the transfer, as sought for. It is needless to observe that the Regulations framed by the University has to be scrupulously complied with.
5. However, the petitioner is at liberty to move an application/representation before the respondent- University during the beginning of the third semester for transfer of College from Dayananda Sagar College of Architecture to Ramaiah Institute of Technology, as prayed and if such application/representation is made, the same shall be considered by the respondent-
University in accordance with law and a decision shall be taken in an expedite manner.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.