IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W.P. NOS.17154-17155 OF 2017 (EDN-EX) BETWEEN:
1. SRI. ASWINATH M.L. S/O LAKSHMIPATHI.N. AGED ABOUT 30 YEARS.
2. BHARATH KUMAR T.E. S/O ELAVARASU T. AGED ABOUT 26 YEARS.
BOTH ARE RESIDING AT NO.9, DR. T.C.M. ROYAN ROAD NEAR NEW POLICE QUARTERS ANGALORE – 560 053.
... PETITIONERS (BY SRI. RAKSHIT K.N., ADV.,) AND:
1. THE DIRECTOR BOARD OF TECHNICAL EXAMINATION PALACE ROAD, BENGALRURU – 560 001.
2. THE PRINCIPAL NADGIR POLYTECHNIC 60 FEET MAIN ROAD NEAR DR.MODI HOPSITAL RAJAJINAGAR, BENGALURU – 560 010.
... RESPONDENTS (BY SRI. SATHYANARAYANA SINGH, AGA, FOR R1 R2 – SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITTUION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 TO ACCEPT EXAMINAITON FEES FROM THE PETITIONERS FOR THE REMAINING PAPERS OF DIPLOMA IN COMPUTER SCIENCE AND ENGINEERING AND PERMIT THEM TO ATTEND THE EXAMS AND TO DECLARE THE RESULT.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners and the learned AGA.
2. Learned counsel for the petitioners submits that the relief sought for in the writ petitions has been granted by way of an interim relief directing the respondents to accept the belated payment of Examination Fee. It is stated that the petitioners have paid the Examination Fee and they have also taken up the examination. But on account of the conditional order passed by this Court, the results have not been announced. Learned counsel for the petitioners files a memo with a copy of final order passed by the Co- ordinate Bench of this Court in W.P. No.16476/2017 (EDN-RES) dated 03.08.2017, whereby this Court in similar circumstance was pleased to condone the delay that occurred in payment of Examination Fee and disposed off the writ petition by directing the respondents to announce the results and would pray that the petitioners be granted a similar equitable relief in exercise of the power under Article 226 of the Constitution.
3. Learned AGA would submit that the said order has not been appealed and has become final.
4. In view of the above, petitioners are also entitled to similar relief on the ground of parity in exercise of the power under Article 226 of the Constitution. Accordingly, writ petitions are disposed off by condoning the delay in payment of Examination Fee with a consequent direction to the respondents to announce and publish the results and issue the marks cards to the petitioners.
In view of disposal of the main petitions, I.A.1/2017 is also disposed of.
Sd/- JUDGE BS