IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.25203/2019 (EDN – RES) BETWEEN:
1 . SIDDARTHA KHENED S/O CHENNABASAVA KHENED AGED ABOUT 21 YEARS R/AT NO.002, GROUND FLOOR, SUMUKKA MEADOWS APARTMENT NO.61, RR NAGAR, Dr. VISHNUVARDHANA ROAD, CHANNASANDRA, BENGALURU-560 098.
2 . SHIVARAJ S/O BASAPPA, AGED ABOUT 21 YEARS MEDICAL & ENGINEERING BOYS HOSTEL, VIDHYAPEETA CIRCLE, NEAR HANUMANTHANAGARA POLICE STATION, BENGALURU. ... PETITIONERS [BY SRI HANUMANTHAPPA B. HARAVI GOWDAR, ADV.] AND:
1 . THE REGISTRAR EVALUATION VISVESVARAYA TECHNOLOGICAL UNIVERSITY, JNANA SANGAMA BELAGAVI-590018.
2 . THE PRINCIPAL BANGALORE INSTITUTE OF TECHNOLOGY K.R.ROAD, V.V.PURAM, BENGALURU-560 004. …RESPONDENTS [BY SRI SANTHOSH S. NAGARALE, ADV. FOR R-1; R-2 SERVED.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 AND R-2 PERMITTING THE PETITIONERS TO APPEAR EXAMINATIONS SCHEDULED TO BE HELD ON 20.06.2019 FOR ENGINEERING, MATHEMATICS-IV PAPER SCHEDULED TO BE HELD, AS PER ANNEXURE-F.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have sought for a direction to respondent Nos.1 and 2 to permit the petitioners to appear for the examination scheduled to be held on 20.06.2019 for Engineering, Mathematics – IV paper.
2. It is submitted that the petitioners are studying in respondent No.2 – Educational Institution under B.Tech course for the 4th Semester. The petitioners were not allowed to appear for the examination of Engineering, Mathematics – IV paper (4th Semester) which was scheduled on 20.06.2019 on the ground of shortage of attendance. This Court vide interim order dated 18.06.2019 further clarified by 25.06.2019 permitted the petitioners to appear for the Engineering, Mathematics – IV paper of B.E. IV Semester which was scheduled on 20.06.2019. However, it was directed that no results of the petitioners shall be announced without the leave of the Court and the petitioners shall not claim any equity, in the event, they fail in the petition.
3. Learned counsel for the petitioners would submit that no advance information was given to the petitioners inasmuch as the shortage of attendance. It was in the ‘n’th hour when the petitioners were about to appear for the examinations, a message was sent to their mobile numbers denying them to appear for the examination scheduled on 20.06.2019. Learned counsel for the petitioners would submit that the petitioners are meritorious students and due to unavoidable circumstances, having health problems they were not able to attend the classes regularly. Their cases requires to be considered sympathetically.
Accordingly, seeks for a direction to the respondent - University to announce the results.
4. Learned counsel appearing for the respondent – University placing reliance on the OB 9.1 of VTU Regulations submitted that the attendance requirement for each semester is considered as a unit and the candidate has to put in a minimum attendance of 85% in each subject with the provision of condonation of 10% of attendance by the Vice - Chancellor on the specific recommendation of the Principal of the College where the candidate is studying based on the medical grounds, participation in University/State/National/International level sports and cultural activities, seminars, workshops, paper presentations etc., of significant value. No such grounds are urged by the petitioners herein and the petitioner No.1 had 61% of attendance whereas petitioner No.2 had 41% of attendance overall. Hence, the request of the petitioners deserves to be rejected.
5. Heard the learned counsel for the parties and perused the material on record.
6. The reasons assigned by the petitioners for the shortage of attendance on medical grounds requires to be considered sympathetically. In the circumstances, it is apt to refer to the order of this Court in W.P.No.63505/2016 (D.D. 13.06.2017), wherein this Court has directed the respondent - University to consider the representation of the petitioner and take a decision in the matter.
7. The ground now urged by the petitioner would be putforth before respondent No.1 - University by submitting the representations. If such representation is submitted within a period of two weeks from the date of receipt of the certified copy of the order along with the substantial documents to establish the medical grounds on which the petitioners were unable to appear for the classes, the same shall be considered by the respondent - University in a sympathetical view and if satisfied with the genuineness of the claim of the petitioners, the respondent - University shall condone the absence of the petitioners and regularize the course of the petitioners. Such a decision shall be taken within a period of two weeks from the date on which the petitioners submit the representations along with the medical records.
8. In view of the petitioners having appeared for the examinations by virtue of the interim order passed by this Court, if the medical report is accepted by the respondent - University for condonation of percentage of attendance, the respondent - University shall announce the results of the petitioners for the IV Semester, B.E.
Electronics and Communication and issue marks cards/certificates.
With the aforesaid observations and directions, the writ petition stands disposed of.
In view of the disposal of the writ petition, all pending applications stand disposed of.
Sd/- JUDGE PMR