IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.41227/2017 (EDN-RES) BETWEEN Nagaraja Goudanaykar S/o Adiveppa Aged about 28 years Near Shaneshwara Temple Kengunte Mallathahalli, Bangalore – 560 056.
(By Sri. Veeresh M., Advocate) AND 1. The Principal Dr. Ambedkar Institute of Technology (Autonomous Institution affiliated to VTU Belgaum) Outer Ring Road, Mallathahally Bangalore – 560056.
2. Planning Evaluation Committee Rep. by its Controller of Examination Dr. Ambedkar Institute of Technology (Autonomous Institution affiliated to VTU Belgaum) Outer Ring Road, Mallathahally Bangalore – 560056.
3. Vishweswaraya Technology University (VTU), Belgaum - 590001 Rep. by its Registrar 4. State of Karnataka Rep. by its Principal Secretary ... Petitioner Department of Education M.S. Building Bangalore – 560 001. ... Respondents (By Sri. Harish H. V., Adv. for R1 & 2; Smt. Pramodhini Kishan, AGA for R4; Sri. P. Karunakaran, Adv. for R3) This writ petition is filed under Articles 226 and 227 of Constitution of India praying to quash the impugned order dated 23.08.2017 passed by the R-1 vide Annex-A in so far as petitioner is concerned and etc.
This writ petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioner-student, in this writ petition, in substance seeks a short relief for the announcement of his examination results, the prayer for quashing of the endorsement dated 23.08.2017 issued by respondent No.1- College, not withstanding. The prayer of the petitioner is founded on the judgment of this Court made on 09.12.2016 in his earlier W.P.No.61927/2016 (EDN), a copy whereof is at Annexure-D.
2. The respondents having entered appearance through their counsel resist the writ petition arguing that the petitioner is not entitled to the grant of reliefs as sought for.
This resistance of course is admissible only to the extent of petitioner’s prayer for quashment of the aforesaid endorsement at Annexure-A which in fact to some extent, is favourable to the petitioner.
3. As a norm, once a student is permitted to write the examination pursuant to permission granted by the College or the University under the final order of the Court sans any condition, the Examination Authority may not be justified in withholding the result of such examination subject to all just exceptions and no such exception is pointed out in herein as to why the result should not be announced.
In the above circumstances, this writ petition succeeds in part; a Writ of Mandamus issues directing respondent No.1-College to take all steps for the announcement of result of petitioner’s examination forthwith, if he is otherwise eligible.
Sd/- JUDGE SN