IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.48680/2018 (EDN – EX) BETWEEN:
SRI. GAJANAN KAMBLE S/O LATE SURESH KAMBLI AGED ABOUT 26 YEARS RESIDING AT No.5/15 3RD CROSS, VINAYAKANAGAR BANASHANKARI, BENGALURU.
... PETITIONER [BY SRI RAVI PRAKASH V., ADV.] AND:
1. BMS COLLEGE OF ENGINEERING REP. BY ITS PRINCIPAL P.O. BOX No.1908 BIG BULL TEMPLE ROAD HANUMANTHANAGAR BENGALURU – 560 019.
2. THE REGISTRAR VISVESWARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA BELAGAVI – 590 019.
3. THE REGISTRAR - EVALUATION VISVESWARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA BELAGAVI – 590 019.
…RESPONDENTS [BY SRI. BADRI VISHAL, ADV., FOR R1;
SRI SANTOSH S. NAGARALE, ADV., FOR R2 & R3] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO APEPAR AND WRITE THE EXAMINATION IN APPLIED THERMODYNAMICS TO BE CONDUCTED BY THE RESPONDENT No.1 DURING THE MONTH OF DECEMBER, 2018.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner is the student pursuing the engineering course in the department of Mechanical Engineering. The respondents have declined the permission to the petitioner to appear for the examination in Applied Thermodynamics to be conducted during the month of December, 2018 for the reason that the petitioner had completed the maximum of five attempts contemplated under the Regulations of the BMS College of Engineering, Bengaluru, autonomous institute affiliated to VTU.
2. This Court through the interim order dated 27.11.2018 directed the respondents to issue the hall tickets and permit the petitioner to appear for the examination. Pursuant to such order, the petitioner has appeared for the Applied Thermodynamics. On the direction issued by this Court, respondent No.1 has placed on record the results of the said examination in a sealed cover.
3. Considering the totality of the circumstances of the case and more particularly, in similar set of circumstances where the engineering students have taken more than five attempts, this Court in W.P.No.53488/2017 and allied matters (D.D. 13.03.2018) had directed the respondents to announce the results and issue credentials to the petitioner, it is obvious that the petitioner herein is also in an identical position and entitled to the similar benefit of the attempt made pursuant to the interim order granted by this Court. On the principle of parity, the similar relief is extended to the petitioner.
Accordingly, the petition is allowed. The respondents are directed to announce the results of the petitioner and issue credentials to the petitioner.
In view of disposal of the writ petition, pending I.A. does not survive for consideration and the same stands disposed of.
Sd/- JUDGE PMR