IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA WRIT PETITION NO.18459 OF 2017 (EDN-EX) Between:
Sri. J. Anil, S/o. Jagannatha Kunder, Aged about 30 years, Residing at: #56, 1st Floor, 1st C Main Road, Pipe Line, Binny Layout, Vijayanagar 2nd Stage, Bengaluru – 560 014.
(By Sri. N. Dilli Rajan, Advocate for Sri. Subba Reddy K.N., Advocates) And:
...Petitioner 1. Principal Secretary, Government of Karnataka, Higher Education Department, Vidhana Soudha, Dr. Ambedkar Veedhi, Bengaluru – 560 001.
2. Registrar (Academic), Visvesvaraya Technological University, Jnana Sangama Belgaum – 590 018.
3. The Principal, Global Academy of Technology, Ideal Home Township, Rajarajeshwari Nagar, Bengaluru – 560 098.
4. Vice Chancellor, Visvesvaraya Technological University, Jnana Sangama, Belgaum – 590 018.
... Respondents (By Smt. Pramodini Kishan, AGA for R1;
Sri. Santosh S. Nagarale, Advocate for R2 & R4 & Sri. V.D. Raviraj for R3) *** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to permit the petitioner to appear and write the backlog exams of 3rd, 4th, 5th and 6th semesters and also to release the withheld results of the petitioner of the 7th and 8th semester by virtue of the Notification dated 27.10.2016 and 24.11.2016 and consequently permit the petitioner to complete the Bachelor of Engineering Degree Course and etc.
This Writ Petition coming on for Orders this day, the Court made the following:-
O R D E R Petitioner has sought a direction to the respondents to release his results which are withheld and permit him to appear in backlog papers of 3rd, 4th, 5th and 6th Semesters of B.E. Degree Course which would be conducted by the respondent/University in the month of May/June, 2017.
2. Learned counsel for the petitioner submits that by virtue of the Interim Order passed by this Court in W.P.No.21850/2015 filed by the petitioner, he was permitted to appear in the examination of 8th Semester of B.E. degree course. Learned counsel for the petitioner very fairly submits that the said writ petition has been dismissed by this Court.
3. According to the petitioner, he was admitted to B.E. Degree Course in the 3rd Semester by way of ‘lateral entry’ in the 3rd respondent’s institution – Global Academy of Technology. That was in the academic year 2009-2010 i.e., for 3rd and 4th Semester of the said degree course. It is stated that the petitioner did not clear one subject each in the 3rd and 4th Semesters. Thereafter, the petitioner was eligible to prosecute his 5th and 6th Semesters in the academic year 2010-2011. However, he has failed in five subjects in that year. Learned counsel for the petitioner submits that thereafter, he has cleared two subjects.
4. According to petitioner’s counsel, for the academic year 2011-2012, he prosecuted his studies in the 3rd respondent – Institution, in respect of 7th and 8th Semester, but he was not permitted to appear in the 8th Semester examination, although he was permitted to appear in the 7th Semester examination. Therefore, the petitioner has now sought a direction to permit him to appear in the backlog papers.
5. Learned counsel for the respondent/University submits that as per Regulation O.B. 7.2 of the Degree of Bachelor of Engineering/Technology, petitioner was not eligible to be admitted to the 7th semester unless he had cleared all subjects upto 4th Semester and should have cleared at least in four papers in 5th and 6th semesters taken together. In the circumstances, petitioner could not have attended the classes in the 7th semester or appeared in the 7th semester examination. However, this Court in the earlier writ petition permitted the petitioner to appear in the 8th semester examination. The earlier writ petition filed by him is said to have been dismissed.
6. Learned counsel for the respondent/University, submits that the petitioner is granted additional two years time to complete the course. But, the petitioner was not eligible to attend the 7th semester, the appearance of the petitioner in the 7th semester cannot be taken into consideration for the purpose of his assessment.
7. In response, learned counsel for the petitioner submits that when once the respondent institution or the University has permitted petitioner to attend the classes and accepted the fees and also permitted him to appear in the 7th semester examination, at this stage, he cannot be restrained from completing 7th and 8th semesters of the Course.
8. Having heard the learned counsel for the respective parties, I find that the eligibility of the petitioner for admission to the 7th semester itself is in doubt. In this regard, Regulation O.B.No.7.2 applies and the same reads as under:-
“OB 7.2 A candidate shall be eligible from an even semester to the next odd semester [i.e., to the next academic year] if the candidate has not failed in more than four heads of passing of the immediately preceding two semesters and has passed in all the subjects of all the still lower semester examinations. A theory or practical shall be treated as a head of passing.
Illustrations:
a. A candidate seeking eligibility to 3rd semester should not have failed in more than 4 heads of passing of first and second semesters taken together.
b. A candidate seeking eligibility to 5th semester should have passed in all the subjects of 1st and 2nd semesters and should not have failed in more than 4 heads of passing of third and fourth semesters taken together.
c. A candidate seeking eligibility to 7th semester should have passed in all the subjects up to 4th semester and should not have failed in more than 4 heads of passing of 5th and 6th semesters taken together.”
A reading of illustration would indicate that the candidate seeking eligibility to the 7th semester should have passed in all the subjects upto 4th semester and should not have failed in more than four heads or subjects of 5th and 6th semesters taken together.
9. In the instant case, even according to the petitioner he has two backlog subjects in 3rd and 4th semesters and therefore, he has not cleared all the subjects upto 4th semester. Further, the petitioner had five backlog subjects in the 5th and 6th semesters at the time of his admission to the 7th semester. Subsequently, he has cleared two subjects but nevertheless, at the time of considering his eligibility for admission to the 7th semester, he had two backlog subjects in 3rd and 4th semesters and five backlog subjects in 5th and 6th semesters. Therefore, the respondent-college could not have permitted him to attend the classes of 7th semester by accepting his fees or permitting him to appear in the 7th semester examination and therefore, he could not have appeared in the 8th semester examination or attended the classes of 8th semester although pursuant to the direction issued by this Court. In the circumstances, no relief can be granted to the petitioner except directing the respondents – University to permit the petitioner to clear all his backlog papers upto July, 2019 and once he has the eligibility to be admitted to the 7th semester, he shall be entitled to seek admission in the 7th semester.
10. Liberty is reserved to the petitioner to make a representation to the respondent – institution to adjust the fees already paid by the petitioner in respect of 7th and 8th semesters for future admission that the petitioner could seek to the 7th and 8th semesters.
11. At this stage, learned counsel for the petitioner submits that the University has not released the results of the examination of backlog subjects held in June 2017.
12. Learned counsel for the respondent – University fairly submits that the University would verify the same and if petitioner is entitled for declaration of those results, they would be declared in an expeditious manner.
13. With the aforesaid observations, the Writ Petition is disposed of.
14. In view of the disposal of the writ petition, I.A.No.1/2017 stands disposed.
Sd/- JUDGE MH/-