IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA WRIT PETITION NO.55357 OF 2017 (EDN-EX) Between:
Ms. Ramyashree C.S., D/o Channaveerappa, Aged about 21 years, Residing at No.269, 5th Cross, 1st Stage, 1st Phase, Manjunathanagar, Rajajinagar, Bengaluru – 560 010.
(By Sri. Rajendra M.S., Advocate for Maya Holla, Advocate) And:
...Petitioner 1. Visvesvaraya Technological University, Jnana Sangama, Belagavi – 590 018, Represented by its Registrar (Evaluation).
2. Dayananda Sagar College of Engineering, Shavige Malleswara Hills, Kumaraswamy Layout, Bengaluru – 560 078. Represented by its Principal ... Respondents (By Sri. Santosh S. Nagarale, Advocate for R1) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned circular dated 01.12.2017 issued by the Visvesvaraya Technological University, the respondent No.1 herein at Annexure-H; direct the respondents to grant relaxation of maximum duration for completion of the Bachelor of Engineering Course by two years, to the petitioner, similar to the benefit granted vide Notification dated 27.10.2016 issued by the respondent No.1 at Annexure-D and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
O R D E R Petitioner has assailed circular dated 01.12.2017 issued by the Registrar of the 1st respondent-University at Annexure – H.
2. Learned counsel for the petitioner submits that the petitioner was admitted to B.E Engineering course in the academic year 2011-12 by way of lateral entry. She was expected to complete her course in three years time. However, she had three further academic years to complete the course, which expired in the academic year 2016-17. But as the petitioner has not cleared in all the subjects, she sought for a further opportunity to appear in the examinations to be held in the subjects in which she has not cleared. The Registrar, by notification dated 27.10.2016 (Annexure-D), has stated that the petitioner had to complete her course in the academic year 2016-17 and no further opportunity could be given to her to complete her course.
3. Learned counsel for the petitioner submits that as far as the students who are 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 petitioner herein and therefore, he submits that the impugned circular dated 01.12.2017 at Annexure – H is not in accordance with law.
4. Per contra, learned counsel for respondent- University Sri.Santosh S.Nagarale who has appeared on advance notice, would submit that in the event the University is to extend additional opportunity to the petitioner herein, she could avail of the same, but under the extant regulations, she 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-H specifically states that beyond six years, the petitioner is not entitled to any further opportunity to appear in the examinations in which she has not cleared, this Court exercising jurisdiction under Article 226 of the Constitution, cannot direct the respondent-University to permit the petitioner to appear in further examinations to be conducted by the University. 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 petitioner herein as sought by her. However, in the event the respondent-University affords further opportunity to the petitioner to complete her course, she is entitled to make use of such opportunity, if she is otherwise eligible to do so.
6. Subject to the aforesaid observation, the Writ Petition is dismissed.
Sd/- JUDGE UN