IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.50214/2019 (EDN – EX) BETWEEN :
SHARATH C.K., S/O CHANNAKESHAVA AGE 20 YEARS, No2713/2266, 55, 2ND MAIN ROAD, GANESHA TEMPLE ROAD, KOTTIGEPALYA, BANGALORE. ...PETITIONER (BY SRI E.I.SANMATHI, ADV.) AND :
1. DEPARTMENT OF TECHNICAL EDUCATION IN THE PREMISES OF SJP COLLEGE K.R.CIRCLE, BANGALORE-560001 REP. BY ITS SECRETARY.
2. THE PRINCIPAL RJS POLYTECHNIC, KORAMANGALA BANGALORE-560034. …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA FOR R-1;
VIDE ORDER DATED 31.10.2019 NOTICE TO R-2 DISPENSED WITH.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO ACCEPT EXAMINATION FEE ALONG WITH PENALTY FOR 2ND YEAR DIPLOMA MECHATRONICS, 3RD SEMESTER EXAMINATION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for a direction to the respondent to accept the examination fees along with penalty/fine for 2nd year Diploma Mechatronics 3rd Semester examination. The petitioner submits that the examination fees were paid by him in the month of July 2019. However, it was informed by the Management on 25.10.2019 that the said payment was not successful. Hence, a representation was submitted to the respondent No.1 to permit the petitioner to pay the examination fees with fine, but in vain. Hence, this writ petition.
2. Learned counsel for the respondent No.1 placing reliance on the order of the Cognate Bench of this Court in W.P.Nos.49556-557/2018 (D.D.5.11.2018) would submit that whatever examinations that are already over cannot be re- conducted. The petitioner may be permitted to appear for the ensuing examinations on making payment of the examination fees along with fine/penalty.
3. In view of the aforesaid, the petitioner shall make the payment of the examination fees forthwith along with fine/penalty. On payment of the fees, the petitioner would be permitted to appear for the ensuing examinations scheduled to be conducted from 2nd November 2019. The petitioner is at liberty to make a representation before the respondent No.2 seeking for conducting examination for two practical examinations i.e., Electro Pneumatic lab and Analog Electronics lab. If such representation is made, the same shall be considered by the respondent in exercise of its discretion and a decision shall be taken in an expedite manner.
Learned AGA shall communicate this order to the respondent No.1 forthwith.
Sd/- JUDGE Dvr: