IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.17851/2018 & WRIT PETITION NO.23881/2018 (EDN-EX) BETWEEN 1. SRI. RATHNAKARA ACHARY S/O. SRI. MANJUNATHA ACHARY, AGED ABOUT 52 YEARS RESIDING AT NO.5, FIRST HOUSE, FIRST FLOOR, 4TH FLOOR, BILEKAHALLI, B.G. ROAD, BENGALURU 560076 2. SRI. SARAVANAKUMAR K S/O. SRI. KARI. K N, AGED ABOUT 44 YEARS R/AT NO.212, SRI. VANDANA MEADOWS, OPP. TO SRI. CHAITANYA TECHNO SCHOOL, KUNDLU, MADIVALA POST, BENGALURU 560068 ... PETITIONERS (BY SRI RAJ KUMAR V.C., FOR SRI ARUN K.S., ADVOCATES) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAW, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBLI-580025, REPRESENTED BY ITS VICE CHANCELLOR 3. THE REGISTRAR THE KARNATAKA STATE LAW UNIVERSITY, NAVANAGAR, HUBLI-580025.
4. THE PRINCIPAL DR. RAM MANOHAR LOHIA COLLEGE OF LAW, BANNERGHATTA ROAD, GOTTIGERE, BENGALURU-560 076 ... RESPONDENTS (BY SMT.VAHEEDA, HCGP FOR R1 SRI B.S.SACHIN, ADVOCATE FOR R2 AND R3 R4 SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO PERMIT THE PETITIONERS TO REMIT THE EXAMINATION FEES FOR THE ENSUING EXAMINATIONS TO BE HELD IN THE MONTH OF JUNE, 2018 AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The petitioners are Law students who were studying at the fourth respondent-Dr.Rammanohar Lohia College of Law, having been admitted for three years LL.B Course in the year 2010.
2. The grievance of the petitioners is that the respondent-authorities are not permitting the petitioners to take up the examinations for the remaining subjects lying uncleared by the petitioners. It is submitted by the learned Counsel for the petitioners that the respondent-authorities have cited a Regulation which compels a three year Law course student to complete the course within a period of 6+1, totalling seven years from the date of admission.
3. Learned Counsel for the respondent-University submits that the issue has been covered by two decisions of the Hon’ble Division Benches of this Court, in W.A.No.1151/2018 in the case of R.Manoharan Vs. The Karnataka State Law University and Others which was decided on 11.06.2018 and W.A.No.7053/2017 in the case of Raghavendra R.Chakravarthy Vs. Karnataka State Law University and Others which was decided on 19.06.2019. In both the matters, it has been held that the Regulations of the University would stipulate that a student has to complete three years law course within a period of 6+1 year. In that case, it was found that the appellant had not clear all the subjects within the stipulated period. Therefore, he was not permitted to appear for examination, as in the case on hand. The Hon’ble Division Benches have held that when the Regulations do not permit a student to take up examinations beyond what is permissible, it was not within the powers of the authorities to relax the same and permit the students to take up the examination.
4. However, the learned Counsel for the petitioners submits that the University is contemplating passing an order relaxing the said requirement. In that case, as and when the University makes such an order, the petitioners can take advantage of the same.
5. In the light of the above, the petitions stand dismissed.
SD/- JUDGE JT/-