IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NOS.1265-1267 OF 2016 (EDN-AD) BETWEEN:
1. NARASIMHA BHAT S S/O SHAM BHAT S AGED ABOUT 46 YEARS R/O # 101, NANDANAVANA 4TH CROSS, PILLANNA LAYOUT NEAR AHAMATHMA VIDYALAYA NAGASANDRA POST BENGALURU – 560 073.
2. RAGHAVENDRA V SARODE S/O VASANTAKUMAR SARODE AGED ABOUT 33 YEARS R/O. C/O K V PRASAD # 65/3, 1ST FLOOR, 2ND CROSS 4TH MAIN, 6TH BLOCK, TYAGARAJANAGA, BASAVANAGUDI BENGALURU – 560 025. ... APPELLANTS (BY MISS FARAH FATHIMA, ADVOCATE) AND:
1. REGISTRAR (ACADEMIC) VISVESVARAYA TECHNOLOGICAL UNIVERSITY, JNANA SANGAMA BELGAUM – 590 001.
2. THE PRINCIPAL B M S COLLEGE OF ENGINEERING POST BOX NO.1908 BULL TEMPLE ROAD, BASAVANGUDI BENGALURU – 560 019.
3. THE PRINCIPAL B L D E ASSOCIATION VACHANA PITAMAHA DR PG HALAKATTI COLLEGE OF ENGINEERING & TECHNOLOGY VIJAYAPURA – 562 132.
4. VICE CHANCELLOR VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA BELGAUM – 590 001.
5. PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA HIGHER EDUCATION DEPARTMENT VIDHANA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU – 560 001.
6. H.RAMAIAH S/O LATE HANUMANARASIMHAIAH C/O H.K.NARASIMHAIAH NO.55/34, 2ND BLOCK, SD MAIN 7TH CROSS, OPP MANJUNATHA MEDICAL STORE NANDINI LAYOUT BENGALURU – 560 096 ... RESPONDENTS (BY MR. T.S.VENKATESH, ADVOCATE FOR R-1 & R-4 SMT.R.SARANYA DEVI, ADVOCATE FOR SRI.H.SRINIVAS RAO, ADVOCATE FOR R-2 SRI.VIVEK HOLLA, HCGP FOR R-5 R-3 SERVED, UNREPRESENTED NOTICE TO R-6 DISPENSED WITH VIDE ORDER DATED 07.06.2016) ---
These Writ Appeals are filed under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in W.P.Nos.15442-15444/2014 dated 15.06.2015.
These appeals coming on for Preliminary Hearing this day, THE CHIEF JUSTICE delivered the following:
JUDGMENT The writ appeals are barred by limitation. The delay is of 312 days.
2. The appellants are seeking, in substance, the extension of time to complete the engineering course.
3. Regulation OB 6.2 of the Regulations governing the degree of Bachelor of Engineering / Technology framed by the Visvesvaraya Technological University, contemplates that a candidate should complete the course within a period of six academic years from the date of first admission, failing which, he / she has to discontinue the course.
4. Admittedly, the appellants could not complete the engineering course within the period of six academic years.
5. The challenge to the said Regulations of the Visvesvaraya Technological University has been rightly rejected by the Hon’ble Single Judge holding the Regulations intra vires.
6. We do not find any merit in the writ appeals.
7. The application for condonation of delay stands dismissed. Consequently, the writ appeals are, also, dismissed.
8. Miss Farah Fathima, learned advocate appearing for the appellants, submits that in relation to some of the similarly placed candidates, the University has relaxed the Regulations and permitted them to appear.
9. Liberty, therefore, is granted to the appellants to make an application to the University for relaxation. It is for the University to consider such application in accordance with law. We express no opinion.
10. In view of the dismissal of the writ appeals, the pending interlocutory applications do not survive for consideration and are, accordingly, dismissed.
11. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE RV