IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE B. V. NAGARATHNA Writ Petition No. 21371/2017 c/w WRIT PETITION NO.20444/2017 (EDN, EX) WRIT PETITION No.21371/2017 BETWEEN:
SARASWATHI M W/O RAJU D/O MADAN C AGED ABOUT 39 YEARS RESIDING AT NO.128, 6TH CROSS C/O DHASHARATH BUILDING R K LAKEVIEW, VIDYANAGAR BOMMASANDRA, BANGALORE – 99. …PETITIONER (BY SRI.SHIVARAJA M, ADV.) AND:
1. KARNATAKA STATE LAW UNIVERSITY NAVANAGARA HUBBLLI – 590 025. REPRESENTED BY ITS REGISTRAR.
2. THE PRINCIPAL SRI KENGAL HUNUANTHIYA LAW COLLEGE MARIKUPPAM, KGF, KOLAR DISTRICT – 563119. ... RESPONDENTS (BY SRI. GANAPATHY BHAT VAJRALLI, ADV. FOR R.1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR ISSUED BY R-1 DATED 4-5/4.2017 AT ANNEXURE ‘A’.
W.P.NO.20444/2017 SRI RANJEETH B SON OF BASAVARAJ B C AGED ABOUT 30 YEARS RESIDING AT NO.37 MADAMANGALA VILLAGE AND POST BANGARPET TALUK KOLAR DISTRICT – 563 114. .. PETITIONER (BY SRI SHIVARAJ M, ADV.) AND:
1. KARNATAKA STATE LAW UNIVERSITY NAVANAGARA HUBBLLI – 590 025. REPRESENTED BY ITS REGISTRAR.
2. THE PRINCIPAL SRI KENGAL HUNUANTHIYA LAW COLLEGE MARIKUPPAM, KGF, KOLAR DISTRICT – 563119. ... RESPONDENTS (BY SRI. GANAPATHY BHAT VAJRALLI, ADV. FOR R.1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR ISSUED BY R-1 DATED 4-5/4.2017 AT ANNEXURE ‘A’.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner’s counsel submits that copy of I.A.No.2/2017 has been served on learned counsel for respondent no.1.
2. Though Writ Petitions are posted for considering I.A.No.2/2017, counsel for respondent no.1/University brings to my notice the fact that this Court in similar Petition namely, W.P.No.25453/2017 by order dated 25.10.2017 has dismissed the same. He would submit that the petitioners cannot assail Circular dated 4-5/4/2017 and could not have sought any interim order at the hands of this Court. This is because of the stipulation in the Circular, they were also not entitled to appear for the examination held in June/July 2017. That the petitioners were admitted to three years Law Course in the academic year 2009-10 and for the last 8 years, they have not completed the said course whereas, the regulation of the University stipulates that they should complete the said course in six years time. Learned counsel for respondent no.1 therefore submits that these Writ Petitions may be disposed of in accordance with the order passed in the earlier Writ Petition.
3. Learned counsel for the petitioners in response submits that since this Court has granted an interim order permitting the petitioners to appear for the examination, they may also be permitted to complete their course.
4. Of course, by interim orders dated 16.05.2017 in W.P.No.21371/2017 and 09.05.2017 in W.P.No.20444/2017, this Court permitted the petitioners to appear for the examination that was held in the months of June/July 2017, but grant of an interim order by this Court is no reason to allow the petitions or to grant the relief sought by the petitioners.
5. The petitioners have assailed Annexure – “A” Circular dated 4-5/4/2017. The said Circular reads as follows:
CIRCULAR TO, The Principals, All Affiliated law colleges of Karnataka State Law University, Hubbali.
Sub: Clarification regarding 2009 and 2010 batch students appearing for the next ensuing examination.
Respected sir/Madam, With reference to the above subject, it is to inform your kind self that, as per the existing Regulation of 3 year LL.B. course and also as per the resolution of the 59th Syndicate meeting, students of 2009 batch of 3 years LL.B. shall not be permitted to appear for the next ensuing examination (i.e. June/July-2017 exam).
Further, it is to clarify that 2010 batch students are permitted to appear for the next ensuing examination (i.e. June/July-2017 exam) to pass all the remaining subjects, otherwise he/she will lose their studentship as per the existing regulation. Hence, the same shall be brought to the notice of all the concerned students and office staff of your college.
Having regard to the stipulations made by the 1st respondent/University, the petitioners herein were not entitled to appear for the examination that was conducted in June/July 2017 and in fact students of the three year LL.B. course must complete their course within a period of six years. The same not having been done, impugned Circular has been issued by the 1st respondent/University. This Court sitting under Article 226 of the Constitution cannot sit in judgment on the merits of the Circular as it is a matter concerning the standards of legal education in the State. In the circumstances, the Writ Petitions are dismissed. The interim orders are vacated.
In view of the dismissal of the Writ Petitions, I.A.No.2/2017 in both the petitions also stand dismissed.
Sd/- JUDGE BRN