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 WRIT PETITION NO.55570 OF 2017 (EDN EX) Between:
Miss.Vandana Srinivasan D/o M.Srinivasan Aged about 21 years, Residing at No.37/2, Srinivasan Nilaya, 2nd Cross, 9th ‘B’ Main, Banaswadi, Bangalore North – 560 043.
(By Sri. Ajith Anand Shetty, Advocate) And:
...Petitioner 1. Vishweshwaraiah Technological University Belgaum Karnataka Regional office at RHCS Layout, Annapoorneshwarinagar, Nagarbhavi, Bengaluru – 560 091. By its Registrar.
2. Raja Reddy School of Architecture R.R.Layout, Chikkasandra, T.Dasarahalli, Chikkabanavara, Bangalore – 560 090. By its Principal.
(By Santosh. S. Nagarale, Adv. for R1) *** ... Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct respondent No.1 to accept applicable fees from the petitioner for the arrears examination in relation to the Bachelor of Architecture Course, scheduled to commence from the 15th day of December, 2017 and thereby permit the petitioner to appear for ‘Building Structures – V’ subject from her fifth Semester and ‘Building Structures – VI’ and Contemporary Architecture from her sixth semester.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
O R D E R Though the writ petition is listed for preliminary hearing, with the consent of learned counsel for both sides it is heard finally.
2. Sri.Santosh S.Nagarale learned Senior Counsel for respondent No.1 who is present in Court accepts notice for respondent No.1.
3. Petitioner prays for direction to the 1st respondent-University to accept fees for supplementary examinations commencing from 15.12.2017 in certain subjects of 5th and 6th semesters of Bachelor of Architecture Course. According to learned counsel for the petitioner, petitioner was admitted to the said course in the year 2012-2013. She is currently pursuing 7th semester in 2nd respondent-college and that she did not clear certain subjects in 5th and 6th semesters but was eligible to prosecute her 7th semester in 2nd respondent-college. He submits that owing to her ill health, she could not pay examination fee in time to the 1st respondent to appear in the backlog subjects. He submits that the delay in payment of examination fee is due to bonafide and unintentional reasons and if this Court were to condone the delay and permit her to appear in the backlog examinations, petitioner would be entitled to do so and not otherwise as the last date for payment of examination fee was on 20.11.2017.
4. Learned counsel for 1st respondent- University submits that if this Court were to issue direction in that regard, University would accept the examination fee.
5. On perusing Annexure – C Medical Certificate and her representation dated 07.12.2017 at Annexure – E, it is noted that the petitioner was suffering from severe back ache and was advised to take bed rest for two weeks during which period the last date for payment of examination fee lapsed.
6. On account of the genuineness of the reason for non-payment of the examination fee in time, I find that ends of justice would be met by the delay in payment of said fee being condoned and by directing 1st respondent-university to accept the said fee for backlog subjects of 5th and 6th semesters and issue hall ticket to the petitioner and permit her to appear in the ensuing examination and accordingly, declare her result on payment of examination fee on or before 14.12.2017.
Writ petition is disposed of in the aforesaid terms.
Sd/- JUDGE UN