IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.22078/2019 (EDN – RES) BETWEEN:
MANOJ R., S/O RAJASHEKAR N., AGED 24 YEARS, R/AT NO.261/17, MIG, 1ST MAIN, 1ST CROSS, BASAVESHWARANAGAR BANGALORE-560079 ... PETITIONER [BY SRI H.MOHAN KUMAR, ADV.] AND:
1. STATE OF KARNATAKA DEPARTMENT OF EDUCATION, M.S. BUILDING, BANGALORE-560001 REP BY ITS PRINCIPAL SECRETARY 2. VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA, MACHHE BELGAUM-590018 REP BY ITS REGISTRAR 3. Dr. AMBEDKAR INSTITUTE OF TECHNOLOGY OUTER RING ROAD MALLATHAHALLI BANGALORE-560056 REP BY ITS PRINCIPAL …RESPONDENTS [BY SMT.PRAMODHINI KISHAN, AGA FOR R-1; SRI SANTHOSH S. NAGARALE, ADV. FOR R-2; SRI HARISH H.V., ADV. FOR R-3.] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 26.04.2019 ISSUED BY THE R-3 VIDE ANNEXURE-H.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has assailed the endorsement dated 26.04.2019 issued by respondent No.3 vide Annexure – H to the writ petition, inter alia, seeking a direction to respondent No.3 to allow the petitioner to appear for the examination to improve his grade in Basic Electrical Engineering (EE – 15).
2. The petitioner is claiming to be a student of Bachelor of Engineering Degree Course (B.E.) in Computer Science and Engineering in respondent No.3 – Institute. Respondent No.3 – Institute is an Autonomous Engineering College affiliated to respondent No.2 – University. In exercise of the powers conferred by respondent No.2 – University, respondent No.3 – Institute has made a regulation called Academic Regulations which governs the B.E. Degree programme with effect from the Academic Year 2013-14. In terms of the said Regulations, the petitioner was permitted to take five attempts. The petitioner was held to be ‘Not Fit for Technical Course’ (NFTC) since he had obtained ‘F’ grade in four attempts and NSC (Not Sufficient CIE Marks) in one attempt which was also considered has an attempt made by the petitioner.
3. But by virtue of the amendment to the said Regulations by the resolution of the Board dated 11.07.2016, on the Programme Evaluation Committee’s (PEC) suggestion for an amendment to consider only 5 ‘F’ grades for the declaration of NFTC, the same has been considered and implemented by the Board from the Academic Year 2016-17.
4. In view of the aforesaid, the Certificate issued by respondent No.3 dated 26.04.2019 at Annexure – H impugned herein, deserves to be set aside and is accordingly quashed.
5. The petitioner is entitled to take one more attempt in terms of the amended Regulations of respondent No.3. Accordingly respondent No.3 shall permit the petitioner to take one more attempt in Basic Electrical Engineering (EE – 15).
The writ petition stands disposed of in terms of the above.
Sd/- JUDGE PMR