IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2017 B E F O R E THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION NO.51486/2017 (EDN-EX) BETWEEN:
SRI ARUN BHAT S/O K V BHAT, AGED ABOUT 20 YEARS STUDENT (USN NO 1 BY5ECO14) 5TH SEMESTER, BE ELECTRONICS & COMMUNICATIONS BMS INSTITUTE OF TECHNOLOGY & MANAGEMENT , YELAHANKA BENGALURU - 560064 R/AT GORE BHATHAVYAKA HOSTEL CHIKKABETTAHALLI, NEAR SAMBRAM COLLEGE VIDYARANYAPURA BENGALURU - 560097 ... PETITIONER (BY SRI SUBRAHMANYA P D, ADVOCATE) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION M S BUILDING BENGALURU - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. VISVESVARAIAH TECHNOLOGICAL UNIVERSITY ’JNANA SANGAMA’ BELAGAVI - 590018 KARNATAKA REPRESENTED BY ITS REGISTRAR EVALUATION 3. BMS INTITUTE OF TECHNOLOGY & MANAGEMENT P B NO 6443, AVALAHALLI DODDABALLAPURA MAIN ROAD YELAHANKA BENGALURU - 560064 REPRESENTED BY ITS PRINCIPAL ... RESPONDENTS (BY SRI PRAMODINI KISHAN, AGA FOR R1) THIS W.P. IS FILED UNDER 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECT R-2 HEREIN TO CONSDER AND TAKE NECESSARY ACTION ON THE APPLICATION DATED 25.10.2017 SUBMITTED BY THE PETITIONER FOR REVALUATION AND SENT THROUGH THE R-3 HEREIN DATED 26.10.2017 FOR REVALUATION OF THE ANSWER SCRIPT IN ' SIGNALS AND SYSTEMS ', (15EC44) IN 4TH SEMESTER OF BE OF THE PETITIONER BEARING USN NO. 1BY15EC014, AS PER THE EXTENT REGULATIONS OF THE UNIVERSITY AT ANNEX-G AND H.
THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THE COURT MADE THE FOLLOWING ORDER This writ petition is listed in Preliminary Hearing ‘B’ Group. With the consent of the learned counsel on both the parties, it is heard finally.
2. Petitioner has sought a direction to the 2nd respondent-University to evaluate the answer script of the petitioner in respect of ‘Signals and Systems’ subject in the fourth semester of B.E. degree course. According to learned counsel for the petitioner, though there has been evaluation of the answer script, on receipt of the soft copy of the same, in terms of the Regulations Governing Revaluation of Soft Copy and Revaluation of Answer Scripts, 2013, the petitioner is entitled for fresh valuation in terms of Regulation V(h). He submits that on perusal of the soft copy of the answer script issued by the respondent University, it is evident that certain answers have not been evaluated and therefore, the petitioner is entitled to get his answer script in the subject ‘Signals and Systems’ re- evaluated again.
3. In response, learned counsel for the 2nd respondent University would submit that no direction for fresh re- evaluation of the answer script can be issued, but the representation given by the petitioner dated 25.10.2017 addressed to the Professor and Head of Department of Electronics and Communication of the 3rd respondent Institute would be considered in accordance with law.
4. Learned counsel for respondent nos.1 and 3 would submit that the said representation would be considered in accordance with law. In the circumstances, the 2nd respondent-University is directed to consider the representation made by the petitioner at Annexure-G dated 25.10.2017 and the subsequent communication made by the principal of the 3rd respondent institute to the 2nd respondent, in accordance with law, and in light of the regulations referred to above. The said consideration shall be made expeditiously and within two weeks from the date of receipt of a certified copy of this order, bearing in mind the fact that re-examination is scheduled on 31.12.2017.
5. With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE vgh*