IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.50256 OF 2019 (EDN-RES) BETWEEN:
Mohammed Raza Hasan Aged about 20 years, S/o Abdul Hameed, R/at No.14-59, Parliya House, Bantwal Mooda Post, Jodumarga, Bantwal, D.K. District – 574 219. …Petitioner (By Sri. Kethan Kumar, Advocate) AND:
1. The Secretary Department of Technical Education, Boards of Technical Examinations, Palace Road, Bengaluru – 560 001. (Government of Karnataka).
2. The Principal Karavali Polytechnic, Padu, Neerumarga, Mangalore Taluk, D.K. District – 575 029. …Respondents (By Smt. Pramodhini Kishan, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct respondent No.1 to accept the exam fee for the subject Aircraft Instr System (Subject Code 15AN43T) of the 4th semester and Avionics and Aircraft Radio System (Subject Code 15AN62T) of the 6th Semester subjects.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R Learned Additional Government Advocate accepts notice for respondents.
The petitioner has sought for a writ of mandamus directing respondent No.1 to accept the examination fees for the subjects Aircraft Instr System (Subject Code 15AN43T) of Fourth Semester and Avionics and Aircraft Radio System (Subject Code 15AN62T) of Sixth Semester examinations.
2. The petitioner contends that he is a student of 2016-2019 batch, who got admitted to respondent No.2-College during the academic year 2016-2017. It is submitted that the petitioner had appeared for all the semester examination and was unsuccessful in completing Aircraft Instr System of fourth semester and Avionics and Aircraft Radio System of sixth semester subjects. The petitioner submits that due to financial constrains, he could not approach his college for payment of examination fees in time. It is the specific case of the petitioner that he was doing coolie work and was not able to arrange the examination fees well within the time prescribed and accordingly, he seeks permission for payment of examination fee with a fine/penalty and to appear for the ensuing examinations.
3. The Apex Court in the case of JOLLY GEORGE VERGHESE & ANOTHER vs. BANK OF COCHIN, 1980 SCR (2) 913, has held that no person can be punished on account of poverty.
4. In similar circumstances, this Court in W.P. No.50214/2019 disposed of on 31.10.2019 has permitted the petitioning student to pay the examination fees along with fine/penalty forthwith and to appear for the ensuing examinations.
5. Hence, the respondents-Authorities are hereby directed to accept the examination fees and permit the petitioner to appear for ensuing examination commencing from 11.11.2019 for the subject Aircraft Instr System (Subject Code 15AN43T) of Fourth Semester and Avionics and Aircraft Radio System (Subject Code 15AN62T) of Sixth Semester examinations, subject to fulfilling other eligibility criteria.
Accordingly, the writ petition stands disposed of.
Sd/- JUDGE MBM