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.47548/2018 (EDN – AD) BETWEEN:
Ms. MONISHA.U D/O UMESH.N AGED 22 YEARS R/AT DOOR No.527, III CROSS SUBBAIANAPALYA EXTENSION BENGALURU-560033. …PETITIONER (BY SMT.SOFIYA, ADV. FOR SRI KAMALUDDIN AHMED, ADV.) AND:
1. THE PRINCIPAL NEW HORIZON COLLEGE OF ENGINEERING OUTER RING ROAD NEAR MARATHHALLI BELLANDUR POST BENGALURU-560103.
2. THE VICE CHANCELLOR VISVESHWARAIAH TECHNOLOGICAL UNIVERSITY [VTU], BELGAUM-578101.
3. THE SECRETARY COLLEGIATE EDUCATION K.R. CIRCLE, BENGALURU-560002. …RESPONDENTS (BY SMT.MEGHANA BELLA, ADV. FOR SRI VIVEK HOLLA, ADV. FOR R-1;
SRI SANTHOSH S. NAGARALE, ADV. FOR R-2; SMT.PRAMODHINI KISHAN, AGA. FOR R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO GIVE ADMISSION TO THE PETITIONER TO III YEAR B.E., [ELECTRICAL & ELECTRONICS] AND FACILITATE HER TO CONTINUE TO PURSUE HER STUDIES FOR III YEAR B.E., IN THE RESPONDENT No.1 INSTITUTION TO BETTER HER FUTURE; AND ETC., 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 sought for a direction to the respondent authorities to give admission to the petitioner to III year B.E., [Electrical & Electronics] in the respondent No.1 Institution and permit her to clear her backlog subjects of the II semester during the current academic year while pursuing her studies for III year.
2. The petitioner is claiming to be the student studying B.E., [Electrical & Electronics] at New Horizon College of Engineering which is affiliated to the respondent No.2 University. The petitioner has successfully completed all her subjects in first Semester and third semester B.E. In second semester, there is backlog of three subjects namely, Physics, Civil and Electrical and one subject in fourth semester.
3. It transpires that in the meantime, the educational institution namely, New Horizon Engineering College where the petitioner was pursuing her studies was declared to be autonomous and the petitioner has become the student of the autonomous college which is affiliated to the respondent No.2 University. It is the grievance of the petitioner that the respondents have not permitted her to get admitted to third year B.E Course and to take up the examinations relating to the backlog subjects; the said predicament caused in view of the change of the status of the respondent No.1 college to autonomous college has not been resolved.
4. Indeed, the said grievance of the petitioner has been redressed by the respondent No.2 – University in terms of the notification dated 07.09.2018 issued by the University. A memo is filed by the learned counsel for the respondent – University along with the communication dated 22.07.2019 addressed by the University to the learned counsel as well as the copy of the notification dated 07.09.2018. Memo is placed on record. The relevant portion of the said communication dated 22.07.2019 reads thus:
“5. At present, the student is having a] three backlogs of I year [I/II semesters :14CIV23, 14ELE25 and 14PHY22] under VTU and b] as per the letter of Principal, New Horizon College of Engineering, Bangalore vide No.NHCE/Admn/2019-20/277 July, 18, 2019, the student is having one backlog from III / V semester.
c] In total the student is having four backlogs from I to IV semesters 6. Hence, the student Monisha U may be considered for admission to V semester during 2019-20.
7. Further, Monisha U has to clear I year subjects before seeking admission to VII semester and she has to clear the I year backlog in VTU system only. She has abide by all other applicable VTU and autonomous rules/regulations.”
5. In view of the aforesaid, the petitioner is entitled to get her admission to the third semester B.E course in the respondent No.1 College and to take up the examinations relating to the backlog subjects. The respondent No.1 college shall permit her to get admission to third year B.E., [Electrical and Electronics] and facilitate her to continue to clear her backlog of second and fourth semester in terms of the aforesaid decision of the respondent – University dated 22.07.2019.
Writ petition stands disposed of as indicated above.
Sd/- JUDGE NC.