IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION No.51771/2017 (EDN-EX) BETWEEN:
MAHESHWARA-B-BANDI S/o. BASAPPA. B.B., AGED ABOUT 34 YEARS, RESIDING AT NO.37/1-1, II MAIN ROAD, II CROSS, MARENAHALLI, VIJAYANAGARA POST, BANGALORE – 560 040. ... PETITIONER (BY SRI: PRASANNA KUMAR P., ADVOCATE) AND:
1. KARNATAKA STATE LAW UNIVERSITY, NAVANAGARA, HUBLI, DHARWAD DISTRICT – 590 025. REPRESENTED BY ITS REGISTRAR (EVALUATION), PIN – 590 025.
2. THE REGISTRAR, KARNATAKA STATE LAW UNIVERSITY, NAVANAGARA, HUBLI, DHARWAD DISTRICT – 590 025.
3. THE PRINCIPAL, TEACHER’S LAW COLLEGE, MEDAHALLI, OLD MADRAS ROAD, BANGALORE – 560 049. ... RESPONDENTS ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CIRCULAR DTD:04/05.04.2017 ISSUED BY THE R-1 AS PER ANNEXURE-A IN SO FAR AS THE SAME RELATES TO THE 2010 BATCH LLB STUDENTS AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, COURT MADE THE FOLLOWING:
O R D E R Petitioner has challenged the Circular dated 04/05.04.2017 issued by the 1st respondent-University.
2. Learned counsel for petitioner submits that when once the University permits a student to appear in an examination, he has every right to appear in supplementary examination also. In that regard, he contends that having failed in two subjects, petitioner has a right to appear for the supplementary examination, which is to commence shortly. Therefore, this court may grant an interim order permitting the petitioner to appear in the said examination.
3. Learned counsel for 1st respondent – University submitted that the said Circular has been issued having regard to the Regulation of three year LL.B. course and that the petitioner herein was admitted to the said course in the academic year 2009-2010 and having not completed his course within the stipulated time, he cannot be permitted to deviate from the circular.
4. The Circular reads as under:
“KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBBLLI-580 025 Accredited with ‘A’ Grade by NAAC No. KSLU Exam/2017/009 Dated:04/05-04-2017 Circular TO, The Principals, All affiliated law colleges of Karnataka State Law University, Hubballi.
Sub: Clarification regarding 2009 and 2010 batch students appearing for the next ensuing examination.
Respected sir/Madam, With reference to the above subject, it is to inform your kind self that, as per the existing Regulation of 3 year LL.B. course and also as per the resolution of the 59th Syndicate meeting, students of 2009 batch of 3 year LL.B. shall not be permitted to appear for the next ensuing examination (i.e. June/July-2017 exam).
Further, it is to clarify that 2010 batch students are permitted to appear for the next ensuing examination (i.e. June/July-2017 exam) to pass all the remaining subjects, otherwise he/she will lose their studentship as per the existing regulation. Hence, the same shall be brought to the notice of all the concerned students and office staff of your college.
Sd/- Registrar(Evaluation)I/C ”
5. A reading of the said Circular would indicate that the Law University does not intend to permit the students who were admitted as back as in the year 2009 to take examination in June/July-2017. The object is to ensure that students who have not completed the three year Law course within a reasonable time should not be permitted to take the examination repeatedly, which will only result in lowering of standards in the profession of Law. If the University has not permitted the students who have been admitted in the year 2009 to continue to appear for the examinations in the year 2017 and has permitted the students who have been admitted in the year 2010 to take examinations, subject to the certain conditions, then the said stipulations in the Circular have been issued by the University, keeping in mind the standards of legal education. This Court exercising jurisdiction under Article 226 of the Constitution cannot sit in judgment over the stipulation and standards that have been sought to be regulated and maintained by the University. Those are aspects which have to be handled by the experts in the field. This Court cannot permit the students to appear in the examination contrary to the regulations or the stipulations of the University. Further, there is no valid contention raised as to why the Circular is bad in Law.
6. With regard to the specific contention of learned counsel for petitioner, it is noted that as far as the students, who are admitted in the Academic Year 2010-11, the University has made a concession for permitting such students to appear in the examination held in June/July 2017. The said concession is made despite the students who had completed their course in three years time and three further years had lapsed and had not successfully passed in all the subjects of the course. Therefore, an additional opportunity was given to such students to appear in the examination held in June/July 2017; an opportunity was given to pass in the remaining subjects. The Circular further states that “otherwise he/she will lose their studentship as per the existing regulation”. Therefore, it cannot be construed that the opportunity given to the petitioner to appear in the examination held in June/July 2017 was the main examination and therefore, he has the right to appear in the supplementary examination. That is not the import of the Circular dated 04/05.04.2017. The stipulation referred to above is clear and categorical. It is only a one time measure or opportunity for the students to complete their course successfully in June/July 2017. No further opportunity can be granted having regard to the restricted concession given by the respondent-University.
7. In the circumstances, there is no merit in the writ petition. Writ petition is dismissed.
Smt. Savita Kulkarni, learned counsel is permitted to file her Vakalatnama within a period of four weeks from today.
*mvs Sd/- JUDGE