IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50406/2019 (EDN) BETWEEN:
NARASIMHA AGED ABOUT 17 YEARS, SINCE MINOR REP BY HIS GUARDIAN/WARD S.P.NAGARAJ, S/O S.N.PULLAIAH, AGED ABOUT 49 YEARS, R/AT NO.418, 4TH FLOOR, 5TH BLOCK, SKYLINE CITY APARTMENTS, CHANDRA LAYOUT, BUS DEPOT, NAGARBHAVI, BANGALORE NORTH, BANGALORE-560072 …PETITIONER (BY SRI RAJESHA S., ADV.) AND:
1 . THE PRINCIPAL, PANCHAJANYA VIDYA PEETA POLYTECHNIC MALLATHALLI, Dr. AIT CAMPUS, BANGALORE-560056 2 . THE DIRECTORATE OF TECHNICAL EDUCATION IN THE PREMISES OF SJP COLLEGE, K.R.CIRCLE, BANGALORE-560001 REP BY ITS DIRECTOR …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO ACCEPT THE EXAMINATION FEE FROM THE PETITIONER FOR THE ACADEMIC YEAR 2019-20 AND ISSUE HALL TICKET FOR THE EXAM TO BE COMMENCED FROM 24.10.2019 FOR THE 1ST YEAR AND THEORY EXAM HELD ON 11.11.2019 DIPLOMA COURSE IN THE AUTOMOBILE ENGINEERING; AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for the following reliefs: “Direct the respondents to accept the examination fee from the petitioner for the academic year 2019-2020; and issue hall ticket for the exam to be commenced from 24.10.2019 for 1st year theory exam held on 11.11.2019 for diploma course in the Automobile Engineering and etc.”
2. The subject matter of the instant writ petition is similar to the case disposed of by this Court in W.P.No.48499/2018 (D.D.30.10.2018) wherein it has been observed as under:
“6. It is true that normally, a student is required to pay the prescribed fee within the prescribed period, for keeping up the term/course of studies; if the fees are not paid, a student may forfeit his right to continue in the course or to write the examination, as the case may be. However, in a country like ours, a section of people suffers from the disadvantage of poverty. The Apex Court in the case of JOLLY GEORGE VERGHESE & ANOTHER Vs. BANK OF COCHIN, 1980 SCR (2) 913, has stated that no person can be punished on account of poverty.”
3. In the above circumstances, the petitioner being similarly situated is entitled to similar relief.
The writ petition is allowed in terms of the order dated 30.10.2018 passed by this Court in W.P.No.48499/2018. The petitioner shall make the payment of the examination fees forthwith along with fine or penalty subject to other eligibility. On payment of fees, the petitioner would be permitted to write the ensuing examination of First Year Theory in Diploma Course (Automobile Engineering) scheduled to be held from 11.11.2019, if otherwise eligible.
Learned AGA shall communicate this order to the authorities.
Sd/- JUDGE NC.