IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA WRIT PETITION NO.56232 OF 2017 (EDN-EX) Between:
Manthesh Kamshetty, S/o. Shivakumar, Aged about 20 years, R/at No.305, 9th Cross, AMG Colony, Akshayanagar, Yellanahalli, Bengaluru – 560 068.
(By Sri. Jagadish G. Kumbar, Advocate) And:
1. Visvesvaraya Technological University, “Jnana Sangama”
Belgavi – 590 018, Represented by its Registrar 2. The Registrar (Evaluation), Visvesvaraya Technological University, “Jnana Sangama”
Belgavi – 590 018.
...Petitioner 3. BGS School of Architecture & Planning, BGS International Residential School Campus, Nityanandanagar, K. Gollahalli Post, Bengaluru South – 560 074. Represented by its Dean.
... Respondents (By Sri. Santosh S. Nagarale, Advocate for R1 & R2) *** This Writ Petition is filed under Article 226 of the Constitution of India praying to direct the respondents No.2 and 3 to permit the petitioner to appear for the December 2017/January 2018 B Arch I to V Semester Examinations (2015 scheme) as per the Admission Ticket issued to the petitioner at Annexure – C and quash the impugned endorsement issued by the respondent No.3 dated 06.12.2017 at Annexure – E and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
O R D E R Petitioner has sought a direction to Respondent Nos.2 and 3 to permit him to appear in the ensuing examination of Bachelor of Architecture Course [2015 scheme] in the third semester and for other ancillary and incidental reliefs.
2. Learned Counsel for the Petitioner submits that Petitioner was admitted to first year Bachelor of Architecture course in third Respondent/College in the academic year 2016-17; the said course is conducted on semester basis. Further, the petitioner has also appeared in the internal papers of 3rd semester namely, Computer application and Architectural photography and also paid examination fee. However, the respondent – College has issued the impugned notification dated 06.12.2017 (Annexure-E).
3. The question is as to whether he has eligibility to be admitted to third semester of the said course.
4. Learned Counsel for Petitioner submits that Respondent/College has permitted him to attend classes and to appear in the internal assessment and also in one of the subjects in the fifth semester. Thereafter, Annexure-E has been issued on 6.12.2017 by the Dean of Respondent/College by quoting Circular dated 1.12.2017.
5. Learned Counsel for Respondent/University Mr. Santosh S.Nagarale, who appears on advance notice, submits, though the College has wrongly quoted Circular dated 1.12.2017 as the impediment for Petitioner to appear in the examination of third semester Bachelor of Architecture course, the real reason as to why he is not eligible to appear in the said examination is on account of O.B. 7.2 of the Regulations governing Degree of Bachelor of Architecture which is in force from the academic year 2009-10. He therefore submits that no relief could be granted to the Petitioner in this writ petition.
6. Having heard learned Counsel for the parties and on perusal of O.B. 7.2, it is noted that Petitioner is not eligible to be admitted to third semester as he has failed in more than four subjects or heads of passing of first and second semesters together. For the immediate purpose, O.B. 7.2 is extracted as under:
“OB 7.2 A candidate shall be eligible from an even semester to the next odd semester [i.e., to the next academic year] if the candidate has not failed in more than four heads of passing of the immediately preceding two semesters and has passed in all the subjects of all the still lower semester examinations. A theory or practical shall be treated as a head of passing.
Illustrations:
a. A candidate seeking eligibility to 3rd semester should not have failed in more than 4 heads of passing of first and second semesters taken together.
b. A candidate seeking eligibility to 5th semester should have passed in all the subjects of 1st and 2nd semesters and should not have failed in more than 4 heads of passing of third and fourth semesters taken together.
c. A candidate seeking eligibility to 7th semester should have passed in all the subjects up to 4th semester and should not have failed in more than 4 heads of passing of 5th and 6th semesters taken together.”
7. As already noted, Petitioner has failed in one paper in first semester and four papers in second semester. Therefore, he has failed in five papers and as per Illustration ‘a’ of O.B. 7.2, he was not entitled to be admitted to third semester. Merely because Petitioner’s college accepted the fees and permitted Petitioner to attend classes and also appear in internal assessment examination and University has issued hall ticket, the same cannot enure to the benefit of Petitioner. There cannot be any estoppel against statute or regulation in the instant case.
8. In that view of the matter, no relief can be granted to Petitioner. However, Petitioner may give a representation to Respondent/College to adjust fees that he has paid for third semester in respect of that semester in which he would be entitled to be admitted in after obtaining eligibility. If such a representation is given, Respondent/College to consider the same in accordance with law.
Writ Petition stands disposed.
Sd/- JUDGE MH/-