IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50945/2019 (EDN – RES) BETWEEN:
1. SHABANA D/O FARMUDDIN, AGED 19 YEARS R/AT WARD NO.11, ADRASHNAGAR GARHMUKTESHWAR GHAZIABAD, GARH BRIDGE HART UTTAR PRADESH-245205 STUDYING IN R.L.JALAPPA INSTITUTE OF TECHNOLOGY DODDABALLAPURA BANGALORE RURAL DISTRICT-561 206 2 . R.CHARISHMA D/O R.RAVI, AGED 19 YEARS R/AT WARD No.3-5 PAPINAYUNIPALLI, THIMMIREDDIPALLI CHITTOR-517124 STUDYING IN R.L.JALAPPA INSTITUTE OF TECHNOLOGY DODDABALLAPURA BANGALORE RURAL DISTRICT-561 206 3 . N.NANDINI D/O N.PRASAD, AGED 20 YEARS R/AT NO.1-95, LANKIPALLU LKP VURU, PENUMURU CHITTOR-517126 STUDYING IN R.L.JALAPPA INSTITUTE OF TECHNOLOGY DODDABALLAPURA BANGALORE RURAL DISTRICT-561 206 4 . RALLAPALLI LASHAREEF S/O RALLAPALLI ALLIPEERA AGED 19 YEARS, R/AT NO.3-31 MUDIGUBBA, ANANTHAPUR-515511 STUDYING IN R.L.JALAPPA INSTITUTE OF TECHNOLOGY DODDABALLAPURA BANGALORE RURAL DISTRICT-561 206 5 . SRI V.B.ABHIRAM S/O VELIYATH VASUDEVAN BABU RAO AGED 20 YEARS, R/AT NO.9/173 KATIKA STREET, GOOTY ANANTHAPUR-515401 STUDYING IN R.L.JALAPPA INSTITUTE OF TECHNOLOGY DODDABALLAPURA, BANGALORE RURAL DISTRICT-561 206 ... PETITIONERS [BY SRI K.V.NARASIMHAN, ADV.] AND:
1 . VISHVESHWARAYYA TECHNOLOGICAL UNIVERSITY, JNANASANGAMA BELAGAVI-590 018 REP BY ITS VICE CHANCELLOR 2 . THE REGISTRAR VISHVESHWARAYYA TECHNOLOGICAL UNIVERSITY, JNANASANGAMA BELAGAVI-590 018 3 . R.L.JALAPPA INSTITUTE OF TECHNOLOGY KODIGEHALLI, DODDABALLAPUR BANGALORE RURAL DISTRICT-561 206 REP BY ITS PRINCIPAL …RESPONDENTS [BY SRI SANTOSH S. NAGARALE, ADV. FOR R-1 & R-2.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION DATED 04.09.2019 ISSUED BY THE R-2 VIDE ANNEXURE-C.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Though the matter is listed for orders, it is taken up for final disposal at this stage itself with the consent of the learned counsel for the parties.
2. The petitioners have challenged the communication dated 04.09.2019 issued by respondent No.2, inter alia, seeking a direction to respondent Nos.1 and 2 to consider the claim of the petitioners for change of branch.
3. The petitioners are studying Engineering (Electronic and Communication Course) in the respondent No.3 – Institution. It is submitted that the petitioners have sought for change of branch i.e., from Electronic and Communication Course to Computer Science and Engineering. Respondent No.3 forwarded list of candidates who had sought for the change of branch. Respondent No.2 has rejected the request of the petitioners vide communication dated 04.09.2019 impugned herein without assigning any reasons. Hence, the present writ petition.
4. It is ex-facie apparent that no reasons have been assigned for rejecting the application of the petitioners. At any stretch of imagination, the impugned communication cannot be construed as a speaking order.
5. Learned counsel for respondent – University submitted that the petitioners are not entitled for change of branch in view of Clause (8) of the All India Council for Technical Education (AICTE) Regulations which is quoted hereunder for ready reference:-
“8. Branch change shall be strictly according to the Merit list prepared by the college on the basis of total marks obtained by a student in Ist year University Examination. Only those students who have passed in all the subjects shall be eligible to apply for change of branch.”
6. Be as it may, even if the petitioners are not qualified for change of branch as submitted by the respondent – University, the same has to be communicated to the petitioners by passing a speaking order.
7. Hence, the writ petition stands disposed of, directing the respondent – University to pass a speaking order pursuant to Annexure – C dated 04.09.2019 assigning reasons for rejecting the request of the petitioners for change of branch. The compliance shall be made in an expedite manner, in any event, not later than four weeks from the date of receipt of certified copy of the order.
Sd/- JUDGE PMR