IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.52030/2019 (EDN – EX) BETWEEN:
Ms.RANI M.H., D/O MAHALINGAPPA AGED ABOUT 20 YEARS BASAVANAGAR, NEAR SPINNING MILL WARD No.2, BANAHATTI RURAL JAMAKANDI, BAGALKOT KARNATAKA-587311. …PETITIONER (BY SRI RAJESHA SHETTIGARA, ADV.) AND:
1. THE VISHWESHWARAIAH TECHNOLOGY AND UNIVERSITY BELAGAVI-590001 REP. BY ITS VICE CHANCELLOR.
2. THE REGISTRAR THE VISHWESHWARAIAH TECHNOLOGY AND UNIVERSITY BELAGAVI-590001.
3. ACHARYA INSTITUTES No.89/90, SOLADEVANAHALLI BANGALORE-560090 REP. BY PRINCIPAL. …RESPONDENTS (BY SRI SANTOSH S. NAGARALE, ADV. FOR R-1 & R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT No.1 TO ACCEPT THE EXAMINATIONS OF BE/COMPUTER SCIENCE ENGINEERING TO BE HELD ON DECEMBER 2019/JANUARY 2020 AND ALLOW THE PETITIONER TO WRITE THE EXAMINATIONS; AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a (1) direction to the respondent No.1 to accept the examination fee for the seventh semester examinations of B.E., [Computer Science] Engineering to be held during December 2019/January 2020 and allow the petitioner to write the examinations inter alia (2) seeking a direction to the respondents to permit the petitioner to attend the eighth semester classes and to complete the project works allotted to the petitioner by the third respondent college.
2. It is submitted that the petitioner was admitted to the third respondent college in the academic year 2014-15 as a student of Bachelor of Engineering and Computer Science Engineering. It is submitted that the petitioner had appeared for all the semester examinations and she was unsuccessful in completing second semester subject – Basic Electronics [Code: 14ELN25]. The petitioner has cleared all other subjects of first semester to sixth semester except the Basic Electronics in the second semester.
3. The point that arises for consideration herein, is Whether the petitioner is entitled to appear for the seventh semester examinations of B.E/Computer Science Engineering notwithstanding the backlog subject of Basic Electronics in the second semester?
4. Learned counsel for the respondent Nos.1 and 2 would point out that the said issue is no more res integra in view of the decision of the Cognate Bench of this Court in W.P.No.55381/2017 [D.D. 02.01.2018] whereby this Court has considered the Regulations of the respondent-University and has held that the student is not entitled to be admitted to the fifth semester in terms of the Illustration ‘b’ of O.B. 7.2 which is squarely applicable to the present facts of the case considering the Illustration ‘c’ of O.B. 7.2 of the Regulations of the University governing Degree of Bachelor Engineering, which is quoted herein for ready reference:
“c. A candidate seeking eligibility to 7th semester should have passed in all the subjects up to 4th semester and should not have failed in more than 4 heads of passing of 5th and 6th semesters taken together.”
5. There is considerable force in the submissions of the Learned Counsel for the respondent – University. It is trite that there is no estoppel against any statute. In view of the aforesaid, the petitioner is not entitled to the relief No.[1] claimed. However, the petitioner may submit a representation to the respondent No.3-college seeking permission to adjust the fees/to appear for the classes of the eighth semester. If such representation is submitted, the same shall be considered by the respondent No.3 – College in accordance with law.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE NC.