IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION NO. 55228/2017 (EDN – RES) BETWEEN Sri.Nikhil.Y Aged 22 years, S/o Mr.Yekanthswamy Residing at 1/350, Behind KSIT College, Raghuvanahalli, Kanakapura Main Road, Bangalore – 560 062. …Petitioner (By Prof.Ravivarma Kumar, Senior Advocate for Belli.R, Advocate) AND 1. Visvesvaraya Technological University Represented by its Vice – Chancellor, “Jnana Sangama”, Machhe, Belagavi - - 590 018.
2. The Registrar (Evaluation) Visvesvaraya Technological University “Jnana Sangama”, Machhe, Belagavi - - 590 018.
3. Dayanand Sagar Academy of Technology and Management, Represented by its Principal, Udayapura, Kanakapura Road, Opp. Art of Living, Bangalore – 560 082.
4. The Office of Exam Superintendent, Dayanand Sagar Academy of Technology and Management, Represented by its Principal, Udayapura, Kanakapura Road, Opp. Art of Living, Bangalore – 560 082.
…Respondents (By Sri.S.Santosh S.Nagarale, Advocate for R1, R2) This Writ Petition is filed under Article 226 of the Constitution of India, praying to declare that clause (b) of Regulation 150BA7.2 of the Regulations governing the degree of Bachelor of Architecture (B.Arch) under choice-based credit system (CBCS) with effect from 2015-16), vide Annexure – A, is illegal void and inoperative, in so far as it does not permit the petitioner to attempt the B.Arch. V semester to examination scheduled to be on 11.12.2017.
This petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Petitioner is a student of Bachelor of Architecture (B.Arch) degree in 3rd respondent-institution. He was admitted to the said course in the academic year 2014- 2015. The duration of the said course is five years divided into semesters.
2. Learned Senior Counsel appearing for petitioner submits that the petitioner has cleared all his papers in 1st Semester but could not clear one paper in 2nd Semester, though he has cleared all the papers in 3rd and 4th Semesters. Petitioner has also paid requisite fee to be admitted for 5th Semester. At the fag end of 5th Semester, the petitioner was informed that he is ineligible to appear in the examination. In this regard, learned Senior Counsel submits that in respect of one paper of 2nd Semester, the petitioner had re-appeared for that examination in June 2017 and failed in that examination. He sought for revaluation. The revaluation results were announced on 04.12.2017 and he has not cleared in that paper. Learned Senior Counsel further submits that having regard to OBA7.2(b) of the Regulations Governing the Degree of Bachelor of Architecture (B.Arch), he is not entitled to appear for the examination in the 5th Semester which has caused injustice to the petitioner. He further submits that the said regulation is illegal, void and inoperative and that a direction may be issued to the respondents to permit the petitioner to appear in Bachelor of Architecture 5th Semester examination scheduled to be held on 11.12.2017, by way of an interim order.
Regulation OBA7.2 is extracted as under:
A candidate is eligible for promotion from even semester to odd semester if he / she satisfies the following conditions:
a) A candidate seeking admission to 3rd semester shall not have failed in more than four heads of 1st and 2nd semesters put together.
b) A candidate seeking admission to 5th semester shall have passed 1st and 2nd semesters completely and shall not have failed in more than four heads of passing of 3rd and 4th semesters put together.
c) A candidate seeking admission to 7th semester shall have passed 3rd and 4th semesters completely and shall not have failed in more than 4 heads of passing of 5th and 6th semesters put together.
d) A candidate seeking admission to 9th semester shall have passed 5th and 6th semesters completely and shall not have failed in more than 4 heads of passing of 7th and 8th semesters put together.
3. Having heard learned Senior Counsel for the petitioner, it is noted that the petitioner is barred from appearing in the 5th Semester examination on account of OBA7.2 of Regulations Governing the Degree of Bachelor of Architecture (B.Arch). Under illustration (b), it is stated that “A candidate seeking admission to 5th Semester shall have passed 1st and 2nd Semesters completely and shall not have failed in more than four heads of passing of 3rd and 4th Semesters put together”. In the instant case, the petitioner has passed in all the subjects in 3rd and 4th Semesters taken together but he has failed in one subject of 2nd Semester. Despite re-
appearing in the said examination and revaluation, he has not cleared the said subject in 2nd Semester. In the circumstances, as per Regulation, the petitioner was ineligible to be admitted to 5th Semester itself. Merely because the college accepted fees and permitted him to attend classes, does not confer the eligibility on the petitioner to be admitted to 5th Semester. Vires of said Regulation has been questioned by contending that there is discrimination between the students, that a student who has failed in certain subjects in the 3rd and 4th Semesters is permitted to appear in the 5th Semester examination but if a student has not completed 1st and 2nd Semester and has passed all the papers in the 3rd and 4th Semesters, is not eligible to attend 5th Semester. On reading of the said provision, it becomes clear that the object of the said Regulation is to ensure that a student in order to have eligibility to be admitted to 5th Semester must not have any backlog subject in 1st and 2nd Semesters. A concession is made to students so as not to have more than two failed subjects in 3rd and 4th Semesters. If a student has failed in not less than four papers, he is permitted to be admitted to 5th Semester but the condition precedent is, he has to complete 1st and 2nd Semesters. Obviously, the University does not want a student to carry backlog of 1st and 2nd Semesters when he is to prosecute 5th and 6th Semesters. Therefore, there is a bar created with regard to eligibility to 5th Semester in as much as a student must have cleared all the subjects in 1st and 2nd Semesters. The object and purpose of such a bar or a restriction or a condition precedent is to ensure that academic standards and excellence are maintained in the said course. In the circumstances, I do not find the said Regulations are unreasonable, illegal or unconstitutional. There is no discrimination between the students also as there is an intelligible criteria on the basis of which the classification has been made having nexus to the object sought to be achieved.
4. It is contended by learned Senior Counsel for petitioner that the college permitted the petitioner to attend the classes of 5th Semester and also received the fees for the semester and at the fag end of 5th Semester examination, University-college cannot state that he is not eligible to appear in the 5th Semester examination. In support of the submission, learned Senior Counsel for the petitioner has relied on the decision of Supreme Court in the case of Shri.Krishnan V/s The Kurukshetra University, Kurukshetra reported in (1976) 1 SCC 311 wherein at paragraph 7, the Hon’ble Supreme Court held that when the appellant-student therein was permitted to appear in Part I examination held in April, it had no power to withdraw the candidature of the appellant in the said case. It is also stated in the said paragraph that a duty is cast on the University to scrutinize the form of the petitioner therein and thereafter permission ought to have been either granted or refused but in the said case having granted the permission it could not have withdrawn the permission to appear in the examination. The said decision does not concern or have a bearing on the mandate of illustration (b) of OBA 7.2 Regulations extracted as above. The said Regulations are made available to the candidates even before they join the course and they were well aware of the stipulations with regard to the eligibility of admission to the next academic year. In fact, the petitioner had the benefit of illustration (a) of OBA7.2 in as much as he was eligible to 3rd Semester as he had not failed in more than four heads of 1st and 2nd Semesters taken together i.e., he has failed only in one subject. But when it comes to 5th Semester the precondition is that the student must clear all the 1st and 2nd Semesters even though he might not have cleared 3rd and 4th Semesters. Similarly, the eligibility to 7th Semester is that the student should have passed all the subjects upto 4th Semester and should not have failed in more than four heads of passing of 5th and 6th Semester taken together. Therefore, the University has in a systematic manner shown concession to the students with regard to the backlog subjects and at the same time, stipulated the eligibility for admission for all Semesters. Therefore, in that view of the matter, I do not find impugned Regulation is unreasonable, illegal and void. The petitioner having not cleared one paper in 2nd Semester, was not eligible to be admitted to 5th Semester.
5. In the circumstances, this Court cannot direct the University to violate the Regulation and permit the petitioner to appear in 5th Semester examination as in the instant case, he was not eligible to be admitted to that Semester itself.
The petitioner is at liberty to make a representation to 3rd respondent-institution to consider fee that has been paid for 5th Semester, for the academic year 2017-2018 when he becomes eligible to be admitted.
There is no merit in the writ petition. Writ petition is dismissed, subject to the aforesaid liberty.
Sd/- JUDGE UN