IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF JANUARY, 2019 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.948/2019 (EDN-RES-PIL) BETWEEN:
1 SRI KISHORE KUMAR S/O RAMACHANDRA GAIKWARD AGED ABOUT 32 YEARS STUDENT MSW I SEMESTER RESHMI EDUCATIONAL AND CHARITABLE TRUST KUSNOOR ROAD KALBURGI AND R/AT RADIKA NIVAS PLOT NO.54, KOTNOOR (D) KALBURGI 585102 2 SRI MANJUNATH S/O SHARANAPPA AGED ABOUT 28 YEARS STUDENT MSW SVP, MSW COLLEGE CHITTAPUR AND R/AT RAILWAY STATION ROAD CHITTAPUR GULBARGA KALBURGI 585 211 3 SRI NAVEEN KUMAR S/O GUNDAPPA AGED ABOUT 28 YEARS STUDENT MSW SANJEEV MSW COLLEGE LINGASUGUR AND R/A WARD NO.3 AMBEDKAR NAGAR HUTTI VILLAGE MEDINAPUR HUTTI, LINGASAGUR RAICHUR DISTRICT-584 115 4 SRI MALLIKARJUN S/O BHIMAPPA AGED ABOUT 29 YEARS STUDENT MSW SANJEEV MSW COLLEGE LINGASUGUR AND R/A WARD NO.3 AMBEDKAR NAGAR HUTTI VILLAGE MEDINAPUR HUTTI, LINGASAGUR RAICHUR – 584 115 5 SRI BABU NAYAK S/O SABAYYA AGED ABOUT 21 YEARS STUDENT MSW KHENED MURIGAPPA MSW PG COLLEGE DEVDURGA AND R/A INDIRANAGAR DEVADURGA (TALUK) RAICHUR DISTRICT 6 SRI SHIVAPPA S/O YANKAPPA AGED ABOUT 28 YEARS STUDENT MSW KHENED MURIGAPPA MSW PG COLLEGE DEVDURGA AND R/A INDIRANAGAR DEVADURGA (TALUK) RAICHUR DISTRICT ... PETITIONERS (BY SRI A NAGARAJAPPA, ADVOCATE) AND:
1 THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S.BUILDING AMBEDKAR VEEDI BANGALORE 560 001 2 THE UNIVERSITY OF GULBARGA JNANA GANGA KALBURGI 585 106 REP BY ITS REGISTRAR ... RESPONDENTS (BY SRI SHIVAPRABHU S HIREMATH, AGA FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR DATED 14.12.2018 (ANNEXURE C) ISSUED BY R-2 AND THE NOTIFICATION DATED 15.12.2018 ISSUED BY R-2 (ANNEXURE-D).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Petitioners claiming to be the students of Gulbarga University studying in Post Graduate course have filed this writ petition contending, interalia, that in the larger interest of student community, they are questioning the circular dated 14.12.2018 (Annexure-C) and the notification dated 15.12.2018 (Annexure-D) issued by second respondent namely, Gulbarga University, Kalaburagi.
2. Having heard Sri Nagarajappa, learned counsel appearing for the petitioner, we are not inclined to entertain this writ petition filed as a public interest litigation (‘PIL’); and same is being dismissed at threshold for the reasons indicated infra.
3. The impugned circular and notification have been issued by the second respondent whereunder, it has been indicated that for the academic year 2018-19, I and III semester Post Graduation examination is being conducted in the respective District Centers and examinations of Kalaburagi District in the University premises commencing from 2nd January, 2019 and the District-wise Post Graduation Examination Cluster Center of the respective Districts have been notified; and it has also been notified that non-adherence to the said circular would entail levy of fine in respect of such students/the departments which abate violating of the impugned circular.
4. The manner, mode and method in which the examination is to be conducted by fixing the centers would be completely in the domain of the University who is well versed with these aspects and the Constitutional Courts would not be in a position to sit in the arm chair of the University to decide as to which examination center is to be located where.
5. It would also be apt to note that a memo has been filed by the learned counsel for the petitioners enclosing the circular dated 07.01.2019 issued by second respondent-University which would disclose that the Post Graduate Cluster examination of I and III semester commencing from 10.01.2019 is now being held at sixteen (16) different examination centers. In view of this circular dated 07.01.2019, it could safely be inferred that the respondent – University has been cautiously attending on the requirements of providing appropriate examination centers. In any case, the present petition cannot be considered espousing a public cause for this Court to entertain it as PIL.
For what has been observed and discussed hereinabove, this petition stands dismissed.
SD/- CHIEF JUSTICE SD/- JUDGE sp