IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.51095/2019 (EDN – EX) BETWEEN:
SRI ASHWIN SUBRAMANYA G.S., S/O Dr. G.N.SATHYENDRA AGED ABOUT 29 YEARS NO.2, 4TH MAIN, 8TH CROSS JAYANAGAR, MYSURU-570014 …PETITIONER (BY SRI Ko. VIJAYKUMAR, ADV.) AND:
1 . THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S.BUILDINGS, BENGALURU-560 001 2 . THE DIRECTOR OF TECHNICAL EDUCATION IN KARNATAKA PALACE ROAD, BENGALURU-560 001 3 . THE REGISTRAR (EVALUATION) VISVESVARAYA TECHNOLOGICAL UNIVERSITY BELGAUM-590 018 4 . THE PRINCIPAL MAHARAJA INSTITUTE OF TECHNOLOGY MYSURU-571 477 …RESPONDENTS (BY SRI NITYANANDA K.R., HCGP FOR R-1 & R-2; SRI SANTOSH S. NAGARALE, ADV. FOR R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 AND 4 TO ALLOW THE PETITIONER TO WRITE THE EXAMINATION TO BE CONDUCTED DURING THE MONTH OF DECEMBER 2019/JAN 2020 FOR THE SUBJECT 06CS81 i.e., ADVANCED COMPUTER ARCHITECTURE AND TO DECLARE THE RESULT OF THE SAID 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 Nos.3 and 4 to allow the petitioner to write the examination scheduled during the month of December 2019/January 2020 for the subject “06CS81” i.e., “Advanced Computer Architecture” and to declare the result of the said examination.
2. Learned counsel for the petitioner submits that the petitioner has joined the fourth respondent college for B.E Course in Computer Science and Engineering during the academic year 2008-09 and passed all the other subjects except two subject Codes – “06CS81” and “06CS82”. Hence, during the month of June 2019, the petitioner was permitted to appear for the examination for the said two subjects wherein he has passed in one subject i.e., “06CS82”. However, he has failed in the subject “06CS81” i.e., “Advanced Computer Architecture”.
3. It is submitted that the respondent No.3 has issued the circular dated 26.09.2019 whereby Draft Layout Time Table is scheduled to be held during the month of December 2019. The third respondent has issued notification dated 04.11.2019 permitting the students to appear for the examination after completion of the Course duration. However, such benefit is denied to the petitioner. It is submitted that the petitioner has made requests and representation dated 15.11.2019 to the respondent Nos.3 and 4 but the same has remained unconsidered. Hence, the present writ petition.
4. Learned counsel for the respondent No.2 fairly submits that there is no legal impediment for the University to consider the representation dated 15.11.2019 submitted by the petitioner in line with the other similarly situated students.
5. In view of the aforesaid, the respondent No.3 is directed to consider the representation submitted by the petitioner dated 15.11.2019 and take a decision in the matter sympathetically in line with the similarly situated students, in an expedite manner keeping in mind the ensuing examinations in December 2019.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE NC.