IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.52101/2019 (EDN) BETWEEN:
1. MANDIP CHAUDHARY S/O.DEVCHANDRA PETITIONER CHOUDARY AGED ABOUT 21 YEARS SHARAVATHI LAYOUT GIMS STORE BUILDING BATTARAHALLI, K.R. PURAM BANGALORE-560049 USN- IEP17CS043.
2. MD. MOONRAJ MUSTAQUE S/O MD. A RAJJAQUE AGED ABOUT 20 YEARS R/AT BADARPUR, KARIMGANJ VILL DEORAIL POST OFFICE STATE – ASSAM-788806 USN – IEP181S047.
3. MOHAMMED FAYIZ S/O. RASHEED AGED ABOUT 20 YEARS R/AT KOLARATH [HO] ARIKKULAM [P.O], KOYILANCHI KOZHIKODE, KERALA-673620 USN – 1EP181S051.
4. MUHAMMED BASIL VP S/O HAMEED V.P AGED ABOUT 20 YEARS R/AT VALIYAPARAMBIL KOZHUKKALLUR P.O. KOZHIKODE-673524 USN 1EP181S050.
5. NIVEDITHA.B.H.
D/O HANUMANTHARAYAPPA.Y AGED ABOUT 21 YEARS R/AT No.M.RAMAKRISHNAPPA HOUSE NEAR CYCLE SHOP VENKATRAJU HOME NAGONDANAHALLI BANGALORE-560006. USN 1EP18CV020.
6. VIDHYASHREE.A D/O ANAND.B.G., AGED ABOUT 21 YEARS R/AT BOMMENAHALLI MANDUR POST, OLD MADRAS ROAD VIRGO NAGAR, BANGALORE-560049. USN 1EP181S092.
7. PRASHANTH.H S/O HEMANTH AGED ABOUT 21 YEARS R/AT No.218, YELLA REDDY CIRCLE KADUGODI, BANGALORE-560067 USN 1EP181S062.
8. R.RINIL S/O K.B.RAJAN AGED ABOUT 19 YEARS R/AT No.184, NISANI CAMP T.B. DAM, HOSPETE-583225 BELLARY DISTRICT.
USN 1EP181S069.
9. K.P.UDAY KRISHNA S/O REMESH.K AGED ABOUT 19 YEARS R/AT POURNAMI NEAR OLD HOSPITAL PO KAYARALAM, KANNUR KERALA-670602 USN 1EP181S034.
10. MUHAMMED THAFANI BIN ABDULLA S/O ABDULLA KUTTY AGED ABOUT 20 YEARS R/AT THAIKKANDY MEETHAL [HO] ARIKKULAM [P.O], KOYILANDY [VIE] CALICUT, KERALA-673620 USN 1EP181S052.
11. BONDALAPATI HARIKA D/O B.SRINIVASU AGED ABOUT 19 YEARS R/AT SRINIVASA GARDEN RESTAURENT, CHINNA BUS STAND ONGOLE ROAD, PADILI ANDHRAPRADESH-523240 USN 1EP181S014.
12. MONISHA.M D/O MAHESHA.R AGED ABOUT 21 YEARS R/AT MANJUNATHA NILAYA NEXT TO PANCHAYATH OFFICE SEEGEHALLI, KANNAMANGALA POST BANGALORE-560067 USN 1EP181S049. …PETITIONERS AND:
(BY SRI R.P.SOMASHEKARAIAH, ADV. FOR SRI THIMMEGOWDA.N., ADV.) 1. THE REGISTRAR VISHVESHWARAIAH TECHNICAL UNIVERSITY JNANA SANGAMA BELGAUM-590018.
2. THE PRINCIPAL EAST POINT COLLEGE OF ENGINEERING ‘JNANA PRABHA’, BIDARAHALLI HOBLI VIRGONAGAR POST BANGALORE-560049. …RESPONDENTS (BY SRI SANTOSH S. NAGARALE, ADV. FOR R-1; NOTICE TO R-2 IS DISPENSED WITH V/O DATED 12.12.2019.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SECURE THE RECORDS AND QUASH THE IMPUGNED LIST PASSED BY RESPONDENT No.1 VISVESHWARAIAH TECHNICAL UNIVERSITY, BELAGAVI AS PER ANNEXURE-D DATED 03.09.2019, INSOFAR AS PETITIONERS CONCERNED; AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have challenged the communication dated 03.09.2019 issued by the respondent No.1 insofar as the petitioner is concerned, whereby the request of the petitioners for change of branch has been rejected.
2. It is submitted that the petitioners are studying in the respondent No.2 – Institution affiliated to the respondent No.1 – University. The respondent – University, as per the guidelines of the All India Council for Technical Education has issued notification to all the colleges affiliated to the University to submit list of students who intend to change their branch of Engineering education. The petitioners have applied for change of branch and the same has been sent to the respondent-University through the respondent No.2 – College, which has been rejected by the University. Hence, the present writ petition.
3. It is ex-facie apparent that no reasons have been assigned in the communication dated 03.09.2019 for rejection of request of change of branch to the petitioners.
4. In the circumstances, the respondent No.1- University shall re-consider the application/request of the petitioners submitted through the respondent No.2 – College and take a decision by passing a speaking order and the same shall be communicated to the petitioners/respondent No.2-College in an expedite manner in any event not later than two weeks from the date of receipt of certified copy of the order.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE NC.