IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION Nos.55647-649/2017 (EDN-EX) BETWEEN:
1. SRI HEMANTH KUMAR .S S/O. SHRIRAM, AGED ABOUT 26 YEARS, B.TECH (TEXTILES) STUDENT OF SRI KRISHNARAJENDRA SILVER JUBILEE TECHNOLOGY INSTITUTE RESIDING AT NO.754, 1ST MAIN, 3RD CROSS, KAMALANAGAR, BENGALURU – 560 079.
2. SRI RAMAMURTHY .K S/O. KODANDACHARY .S AGED ABOUT 26 YEARS, B.TECH (TEXTILES) STUDENT OF SRI KRISHNARAJENDRA SILVER JUBILEE TECHNOLOGY INSTITUTE RESIDING AT NO.24B, 4TH CROSS, SUGUMA NAGAR, NYAPPANAHALLI MAIN ROAD, BENGALURU – 560 076.
3. KUM. JYOTHI .C D/O. GANGACHARAPPA, AGED ABOUT 26 YEARS, B.TECH (TEXTILES) STUDENT OF SRI KRISHNARAJENDRA SILER JUBILEE TECHNOLOGY INSTITUTE RESIDENT OF SIDDENAHALLI VILLAGE, KADABURU POST, GOWRIBIDANUR TALUK – 561 206 CHIKKABALLAPUR DISTRICT. ... PETITIONERS (BY SRI: CHANDRAKANTH R. GOULAY, ADVOCATE) AND:
1. VISVESVARAYA TECHNOLOGICAL UNIVERSITY BELAGAVI – 590 018, KANATAKA STATE, REP. BY ITS REGISTRAR.
2. THE DIRECTOR VISVESVARYA TECHNOLOGICAL UNIVERSITY, BELAGAVI – 590 018, KARNATAKA STATE.
3. THE PRINCIPAL SRI KRISHNARAJENDRA SILVER JUBLIEE TECHNOLOGY INSTITUTE K.R. CIRCLE, BENGALURU – 560 009. ... RESPONDENTS (BY SRI: SANTOSH S. NAGARALE, ADVOCATE FOR R-1 & R-2) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CIRCULAR PASSED BY R-1 AS PER ANNEX-E DATED 1.12.2017 AS ARBITRARY ILLEGAL AND VOID AND ALSO DISCRIMINATORY OFFENDING ARTICLES 14 & 16 OF THE CONSTITUTION OF INDIA IN SO FAR AS IT RELATES TO NOT PERMITTING THE STUDENTS 2011 BATCH B.E.,/ B.TECH LATERAL ENTRY AND IN SO FAR AS PETITIONERS ARE CONCERNED;
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, COURT MADE THE FOLLOWING:
O R D E R Petitioners have assailed circular dated 01/12/2017 issued by the Registrar (Evaluation) of the 1st respondent- University and notification dated 27/10/2016 (Annexure- A).
2. Learned counsel for the petitioners submits that the petitioners were admitted to B.E Engineering course in the academic year 2011-12 by way of lateral entry. They were expected to complete their course in three years time. However, they had three further academic years to complete the course, which expired in the academic year 2016-17. But as the petitioners have not cleared in all their subjects, they sought for a further opportunity to appear in the examinations to be held in the subjects in which they had not cleared. The Registrar, by the circular dated 01/12/2017 (Annexure-E), has stated that the petitioners had to complete their course in the academic year 2016-17 and no further opportunity to be given to them to complete their course.
3. Learned counsel for the petitioners submits that as far as the students who are admitted in the academic year 2010-11 are concerned, the University has given them liberty beyond six years to complete the course and that a similar opportunity ought to have been made available to the petitioners herein and therefore, he submits that the impugned circular dated 01/12/2017 is not in accordance with law.
4. Per contra, learned counsel Sri Santosh S.Nagarale who had appeared on advance notice, would submit that in the event the University is to extend additional opportunities to the petitioners herein, they could avail of the same, but under the extant regulations, they cannot be permitted to appear in the examinations, that too, by an interim order to be passed by this Court.
5. Having regard to the fact that Annexure-E specifically states that beyond six years, the petitioners are not entitled to any further opportunities to appear in the examinations in which they have not cleared, this Court, exercising jurisdiction under Article 226 of the Constitution, cannot direct the respondent-University by an interim order to permit the petitioners to appear in further examinations. That would be a direction to the University to violate any of its regulations which is impermissible in law. In the circumstances, no relief can be granted to the petitioners herein. However, in the event the respondent- University affords further opportunity to the petitioners to complete their course, they are entitled to make use of such opportunities if they are otherwise eligible to do so.
6. Subject to the aforesaid observation, the writ petitions are dismissed.
Sd/- JUDGE S*