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 NOS.55613-55622/2017 (EDN-EX) BETWEEN 1. PRASHANTH S DEVAR S/O SHANKARAPPA DEVAR AGED ABOUT 27 YEARS R/AT NO.27, 21ST MAIN ROAD, MARENAHALLI, P.F. LAYOUT VIJAYANAGAR, BENGALURU 560040. USN NO.1NH11EC415 2. SANTHOSH HIRAMATH S/O NAGAYYA, AGED ABOUT 27 YEARS R/AT NO.27, 21ST MAIN ROAD, MARENAHALLI, P.F. LAYOUT VIJAYANAGAR, BENGALURU 560040.
USN NO.1NH11EC417 3. NITHIN KUMAR G.S S/O K. SOMASHEKAR, AGED ABOUT 26 YEARS R/AT NO.20, 10TH MAIN, 18TH CROSS, MUTHYALANAGAR, MATHIKERE, BENGALURU-560054 USN NO. 1NH11EC404.
4. NALINAKSHI.G D/O RAJANNA G, AGED ABOUT 25 YEARS R/AT NO.05, MARUTHI NILAYA, CHANDRAMOULISHWARA LAYOUT, YELAHANKA, BENGALURU 562157 USN NO.1NH11CS410 5. CHETHAN K S/O KANAKARAJA.C, AGED ABOUT 29 YEARS R/AT NO.5C, 306, 5TH CROSS, BHUVANAGIRI OMBR LAYOUT, BANASWADI, BENGALURU 560043 USN NO.1NH11ME404.
6. S. VISHANTH S/O C. SELVAMUTHU, AGED ABOUT 27 YEARS R/AT NO.32, 3RD CROSS, MANJUNATHA LAYOUT MAIN ROAD, MARATHAHALLI, BENGALURU 560037 USN NO. 1NH 11ME415.
7. ANITHA D D/O DEVARAJ.K, AGED ABOUT 25 YEARS R/AT NO.21/A, KARPUR VILLAGE, BERTHAMANAHALLI POST, ANEKAL TALUK, BENGALURU RURAL 562104 USN NO.1NH11IS402 8. MADESH.K S/O KRISHNAPPA, AGED ABOUT 26 YEARS R/AT NO.183/3, KURUBARAPETE, HOSKOTE TOWN, BENGALURU RURAL 562114. USN NO.1NH11CS405 9. SHASHIKUMAR.V S/O VENKATASWAMY G.N, AGED ABOUT 26 YEARS R/AT NO.129, GONIGATTAPURA, NERIGA POST, ANEKAL TALUK BENGALURU RURAL 562125 USN NO. 1NH13MCM 11 10. TITAS MONDAL S/O MANOJ KUMAR MONDAL, AGED ABOUT 27 YEARS R/AT FLAT NO.303, 3RD FLOOR, A BLOCK, DHANTRI RESIDENCY 37/1, BEGUR ROAD, MYLESANDRA ROAD, BENGALURU 560068 USN NO.1NH13MBA48 (BY SRI MANOJ B G, ADVOCATE) AND 1. REGISTRAR ... PETITIONERS VISVESHWARAIAH TECHNICAL UNIVERSITY JNANA SANGAMA BELGAUM 590018 2. THE PRINCIPAL NEW HORIZON COLLEGE OF ENGINEERING OUTER RING ROAD, KAADUBEESANAHALLI, BENGALURU 560087.
... RESPONDENTS (BY SRI SANTOSH S.NAGARALE, ADV. FOR R1) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SECURE THE RECORDS AND QUASH THE IMPUGNED NOTIFICATIONS ISSUED BY R-1 DATED 21.9.2017 AT ANNEX-G AND CIRCULAR ISSUED BY R-1 DATED 1.12.2017 AT ANNEX-J AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY THE COURT PASSED THE FOLLOWING :
ORDER Petitioners have assailed Circular dated 01.12.2017 (Annexure-J) issued by the Registrar of the 1st respondent- University and notification dated 21.09.2017 (Annexure-G).
2. Learned counsel for the petitioners submits that the petitioners were admitted to B.E Engineering course in the academic year 2011-12 by way of lateral entry. They were expected to complete their course in three years time. However, they had three further academic years to complete the course, which expired in the academic year 2016-17. But as the petitioners have not cleared in all their subjects, they sought for a further opportunity to appear in the examinations to be held in the subjects in which they had not cleared. The Registrar, by Circular letter dated 01.12.2017 (Annexure-J), has stated that the petitioners had to complete their course in the academic year 2016-17 and no further opportunity could be given to them to complete their course.
3. Learned counsel for the petitioners submits that as far as the students who were admitted in the academic year 2010-11 are concerned, the University has given them liberty beyond six years to complete the course and that a similar opportunity ought to have been made available to the petitioners herein and therefore, he submits that the impugned Circular dated 01.12.2017 (Annexure-J) is not in accordance with law.
4. Per contra, learned counsel Sri.Santosh S.Nagarale, would submit that in the event the University is to extend additional opportunity to the petitioners herein, they could avail of the same, but under the extant regulations, they cannot be permitted to appear in the examinations, that too, by an interim order to be passed by this Court.
5. Having regard to the fact that Annexure-J specifically states that beyond six years, the petitioners are not entitled to any further opportunity to appear in the examinations in which they have not cleared, this Court exercising jurisdiction under Article 226 of the Constitution, cannot direct the first respondent-University to permit the petitioners to appear in further examinations to be conducted by the University that too, by an interim order. Such a direction would be a direction to the University to violate its extant Regulations which is impermissible in law. In the circumstances, no relief can be granted to the petitioners herein as sought by them. However, in the event the first respondent-University affords further opportunity to the petitioners to complete their course, they are entitled to make use of such opportunity, if they are otherwise eligible to do so.
6. Subject to the aforesaid observation, the Writ Petitions are dismissed.
Sd/- JUDGE JT/-