IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 12TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD WRIT PETITION NO.31011 OF 2018 (EDN-RES) BETWEEN:
SRI HARISH KUMAR V. M. SON OF VENKATARAJU AGED ABOUT 21 YEARS, STUDENT USN IAR 15EC003 IV SEMESTER B.E., ELECTRONICS AND COOMUNICATIONS AMRUTA INSTITUTE OF ENGINEERING AND MANAGEMENT SCIENCE NEAR TOYOTA CROSS, IN FRONT OF MYSURU ROAD,BIDADI, BENGALURU.
RESIDING AT NO. 10, BEHIND PRASAD GRANITES, PIPE LINE ROAD, HOYSALA NAGARA, SUNKADA KATTE BENGALURU - 560 091.
(BY SRI: SUBRAHMANYA P D, ADVOCATE) ... PETITIONER AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, M.S.BUILDING, BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. VISVESVARAIAH TECHNOLOGICAL UNIVERSITY, JNANA SANGAMA BELAGAVI - 590 018 KARNATAKA, REPRESENTED BY ITS VICE CHANCELLOR.
3. THE SOCIAL WELFARE DEPARTMENT M.S.BUILDING BENGALURU - 560 001 REPRESENTED BY ITS COMMISSIONER.
4. AMRUTA INSTITUTE OF ENGINEERING AND MANAGEMENT, SCIENCES POLYTECHNIC OPP MYSURU ROAD, THIMMEGOWDANADODDI BIDADI HAROHALLI ROAD BENGALURU - 562 109 REPERSENTED BY ITS PRINCIPAL.
... RESPODENTS (BY SRI: VASANATH V. FERNANDES, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 29.8.2017 PASSED BY THE CHAIRMAN, ADMISSION OVERSEEING COMMITTEE, BENGALURU BEING ARBITRARY, ERRONEOUS AND NOT SUSTAINABLE IN LAW AT ANNEXURE-K AND DIRECT THE RESPONDENT NOS.1, 2 AND 4 HEREIN TO CONSIDER THE ADMISSION OF THE PETITIONER TO THE E AND C COURSE IN THE RESPONDENT NO.4 COLLEGE UNDER GOVERNMENT SEAT IN SNQ SCHEME AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, B.M. SHYAM PRASAD J., PASSED THE FOLLOWING:
ORDER The petitioner, who is pursuing his under graduation engineering in Electronics and Communications with the Respondent No.4, has filed this writ petition impugning the order dated 29.08.2017 passed by the Chairperson, Admission Overseeing Committee, Bengaluru. The petitioner has also sought for a direction to the respondent Nos.1, 2 and 4 to grant admission to the petitioner with the respondent No.4 in Electronics and Communications Engineering under the Supernumerary Quota Scheme (for short, ‘SNQ Scheme’), and for a direction to the respondent No.4 to refund a certain scholarship for the academic years 2014-15 and 2016-17.
2. The petitioner was issued with the Admit Card by the Karnataka Examination Authority (for short, KEA’) for admission with the respondent No. 4 to the engineering course in Electrical and Electronics Engineering, under the SNQ scheme. But, the Respondent No.4 refused to admit the petitioner to the Electronics and Communications Engineering course under the SNQ scheme, and instead offered admission in Electrical and Electronics Engineering. Therefore, the petitioner approached the Principal Secretary, Department of Higher Education, Government of Karnataka, who pointed out to the respondent No.4 that the petitioner should be permitted to pursue such course for which an Admit Card was issued by the KEA. Even thereafter, the respondent No.4 granted admission to the petitioner to the Electrical and Electronics Engineering course. However, the petitioner could not even complete the first and second semesters as Electronic and Electrical Engineering was not his choice, and as such, the petitioner requested for Transfer Certificate. The Respondent No.4 informed the petitioner that he should pay the entire course fee of Rs.2 lakhs if he wanted the Transfer Certificate, or he could continue in the same college on re-admission in his preferred subject. Thus constrained, the petitioner to get himself re-admitted to Electronics and Communications Engineering paying the requisite fee under the management quota.
3. The petitioner has completed the first three semesters, and in fact, he has completed the first and second semesters in the first division. The petitioner is entitled for scholarship. But the respondent No.4 has denied the benefit of scholarship on one pretext or the other. The petitioner is entitled to a sum of `42,270/- as scholarship dues. The petitioner, with the aforesaid assertions, approached the Admission Overseeing Committee, Bengaluru, seeking directions to the authorities to treat his admission to Electronics and Communications Engineering course as an admission granted to him pursuant to the Admit Card issued under the SNQ scheme, and for a direction to respondent No.4 to pay him scholarship dues.
4. The Respondent No.4 refuted the petitioner’s assertions contending inter alia that though the petitioner was issued the Admit Card by the KEA for admission to Electronics and Electrical Engineering, he wanted admission to Electronics and Communications Engineering under the SNQ scheme for the reason that the respondent No. 4 was not able to admit any student to Electronics and Electrical Engineering. The respondent No.4 informed the petitioner that admissions under the SNQ scheme could only be made under the directions of KEA. If the petitioner wanted admission to Electronics and Communications Engineering with the respondent No. 4 without the Admit Card from the KEA, such an admission could be made only under the management quota. The petitioner chose not to take such admission, but contacted the Principal Secretary, Higher Education, Government of Karnataka.
5. On communication from the Principal Secretary, Higher Education, Government of Karnataka not to refuse admission to the candidates sent by KEA with Admit Card, the Principal of respondent No.4 informed the said authority that admissions were not refused to any candidate. There was no communication after this intimation from the principal. However, the petitioner approached the respondent No.4 and voluntarily took admission to Electronics and Communications Engineering under the management quota. The Directorate of Technical Education and Vishvesvaraya Technological University approved the petitioner’s admission.
6. Insofar as the scholarship dues claimed by the petitioner, the respondent No.4 contended, placing reliance upon the notification issued by the Social Welfare Department, Government of Karnataka, that the department gives credit to the Collage only towards payment of a candidate’s tuition fees and other payment is credited directly to the candidate. The petitioner has not paid any tuition fee thus far. But, respondent No.4, consequent to the petitioner's failure to take up the second year because of his ineligibility, shall adjust the scholarship received towards tuition fee for the corresponding years subject to any minor reconciliation.
7. Heard the learned counsel for the petitioner, and perused the writ papers. The Admission Overseeing Committee, upon appreciation of the respective claims and the material placed, including the applications filed by the petitioner voluntarily seeking admission to Electronics and Communication Engineering course under the management quota, the terms of SNQ scheme and the conditions for grant of scholarship to eligible candidates, concluded that the respondent No.4 had not committed any irregularity either in admitting the petitioner to Electronics and Communication Engineering under the management quota or in the matter of scholarship. As regards the scholarship because of the admission made by respondent No.4, directed respondent No.4 to pay a sum of Rs.4,360/- to the petitioner. The petitioner would be entitled to a writ only if he could establish that his rights have been abridged. The petitioner, who has abandoned the allotment of seat allotted under the SNQ Scheme and taken admission with the respondent No.4 under the Management quota voluntarily, is unable to establish any right much less abridgment thereof. The learned counsel is also unable to point out any infirmity in the impugned order by the Admission Overseeing Committee. As such, this Court is of the considered opinion that the petition will have to fail. Accordingly, the petition is rejected.
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JUDGE JUDGE SA Ct:sr