IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE:
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA W.P.Nos.54823-54825/2017 (EDN-EX) BETWEEN:
1.LAKSHMIKANTH S S/O S K SHIVANNA, AGED ABOUT 25 YEARS, STUDENT, R/AT SUBBANAKOPPE, M.SETTYHALLI, SRIRANGAPATNA TQ, MANDYA DISTRICT-571807 2.ODESHA V S/O VISHAKANTAIAH, AGED ABOUT 27 YEARS, STUDENT, R/AT NO.908, 2ND MAIN, NGOS COLONY, VRUSHABAVATHI NAGAR, BANGALORE NORTH-560079 3.VEERAN GOUDA S/O UMAPATHY, AGED ABOUT 26 YEARS, STUDENT, R/AT NO.1375, 3RD FLOOR, SHANTHI PRIYA LAYOUT, BEHIND BEGUR GOVERNMENT HIGH SCHOOL GROUND, BEGUR, BENGALURU-560068 ..PETITIONERS (BY SRI GIRISH B BALADARE, ADVOCATE) AND:
1.VICE CHANCELLOR VISVESVARAYA TECHNOLOGICAL UNIVERSITY (VTU) JNANA SANGAMA, BELAGAVI-590018 2.REGISTRAR VISVESVARAYA TECHNOLOGICAL UNIVERSITY, JNANA SANGAMA, BELAGAVI-590018 3.REGISTRAR EVALUATION VISVESVARAYA TECHNOLOGICAL UNIVERSITY, JNANA SANGAMA, BELAGAVI-590018 4.PRINCIPAL PES COLLEGE OF ENGINEERING, HOSUR ROAD, BENGALURU-560088 ..RESPONDENTS (BY SRI SANTOSH S. NAGARALE, ADVOCATE FOR R-1 TO R-3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
QUASH THE NOTIFICATION DATED 04.11.2017 ISSUED BY THE R-3 VIDE ANNEXURE-G AND CONSEQUENTLY ALLOW THE PETITIONERS TO APPEAR FOR THE EXAMINATION FOR THE ACADEMIC YEAR OF 2017-18.
ISSUE A WRIT IN THE NATURE OF MANDAMUS EXTENDING THE DURATION OF APPEARANCE FOR THE EXAMINATION TILL JULY 2019 BY TAKING PRESCRIBED EXAMINATION FEE.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners have assailed Notification dated 04.11.2017 issued by the Registrar (Evaluation), Visvesvaraya Technological University-Respondent No.3.
2. Learned counsel for the petitioners submits that the petitioners were admitted to Bachelor of Engineering course in the academic year 2011-12 by way of lateral entry. They were expected to complete their course in three years time. However, they had three further academic years to complete the course, which expired in the academic year 2016-17. But as the petitioners have not cleared in all the subjects, they sought for a further opportunity to appear in the examinations to be held in the subjects in which they had not cleared. The Registrar of Vivesvaraya Technological University, by Notification dated 04.11.2017 (Annexure-G), has extended the last date for submission of online examination application forms for December-2017/January 2018 examinations.
3. Learned counsel for the petitioners submits that as far as the students who are admitted in the academic year 2010-11 are concerned, the University has given them liberty beyond six years to complete the course and that a similar opportunity ought to have been made available to the petitioners herein and therefore, he submits that the impugned Notification dated 04.11.2017 is not in accordance with law.
4. Per contra, learned counsel Sri.Santosh S.Nagarale for respondents 1 to 3, who has appeared on advance notice, would submit that in the event the University is to extend additional opportunity to the petitioners herein, they could avail of the same, but under the extant regulations, they cannot be permitted to appear in the examinations, that too, by an interim order to be passed by this Court.
5. Having regard to the fact that Annexure-G specifically states that beyond six years, the petitioners are not entitled to any further opportunity to appear in the examinations in which they have not cleared, this Court exercising jurisdiction under Article 226 of the Constitution, cannot direct the respondent- University to permit the petitioners to appear in further examinations to be conducted by the University. Such a direction would be a direction to the University to violate its extant Regulations which is impermissible in law. In the circumstances, no relief can be granted to the petitioners herein as sought by them that too by an interim order. However, in the event the respondent-University affords further opportunity to the petitioners to complete their course, they are entitled to make use of such opportunity, if they are otherwise eligible to do so.
6. Subject to the aforesaid observation, the Writ Petitions are dismissed.
Sd/- JUDGE SBN