IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA WRIT PETITION NOs.30939-30948/2017(EDN-EX) BETWEEN 1. Suresha S/o. Rangaiah K.R., Aged about 35 years, Student of SBRR Mahajan Law College, Mysuru (Registration No.4190101036) R/o No.81, 10th Cross, KEB Colony, Udayagiri, Mysuru-570 010 2. Anish, S/o. Karunakara, Aged about 30 years, Student of Vaikunta Balija College of Law, (Registration No.30109101003) R/o. No.4-19D, Tenkanidiyoor, Udupi Taluk-576 106 3. Sundaramurthy P.C., S/o. Chikkanarsimhappa, Aged about 38 years, Student of Vidyodaya Law College, (Registration No.40209101074) R/o Pidachallahalli, Jarabandhahalli Chickballapur-561 211 4. Manjunatha T.G., S/o. Gangadharaiah, Aged about 33 years, Student of Vidyodaya Law College, (Registration No.40209101043) R/o. Kasaba Hobli, Sira Taluk, Thogaragunte, Tumakuru-572 137 5. Ramesh K.C., S/o. Chowdaiah K.S., Aged about 40 years, Student of Vidyodaya Law College, (Registration No. 40209101074) No.477, 2nd Floor, 5th Cross, Near Friends Circle, Rajeshwarinagar, Laggere, Peenya Small Industries, Bengaluru North-560 058 6. Sanjayakumar T.H., S/o. Hanumanthe Gowda, Aged about 31 years, Student of Vidyodaya Law College, (Registration No.40209101065) R/o. Thovinakere Post C.N. Durga Hobli, Koratagere Taluk, Thovinakere, Tumakuru-572 138 7. Showkath Ali Khan R., S/o. K.M. Faizulla Khan, Aged about 43 years, Student of Vidyodaya Law College, (Registration No.40209101067) R/o. P. Roopa, Pavagada Roopa, Tumakuru District-561 202 8. Keshavaprasad N., S/o. Nagaraju, Aged about 44 years, Student of Sharada Vilas Law College, (Registration No.40109101017) R/o. No.1729,H Housing Board Colony, Heggadevanakote (Rural) Mysuru-571 114 9. Asfak Ahmed H., S/o. Hussain, Aged about 37 years, Student of Havanur College of Law, (Registration No.41009101005) R/o No.42, 3rd Cross, Kalidasa Layout, Srinagar, Bengaluru-560 050 10. Kumaresan P., S/o. P. Perimal Aged about 47 years, Student of Havanur College of Law, (Registration No. 41009101033) R/o. No.13, 1st Main Road (BA) Royal Building, Vamachandrapuram, Bengaluru ... PETITIONERS (By Sri Ashok K.L., for Smt. Mohana Kumari B.V., Advocate) AND 1. The Karnataka State Law University No.1, Navanagar, Hubballi-580 025 Rep. by its Registrar 2. SBRR Mahajan Law College, Mysuru-570 012 Rep. by its Principal 3. Vaikunta Baliga College of Law Kunjibettu Udupi-576 003 Rep. by its Principal 4. Vidyodaya Law College, Tumakuru-572 102 Rep. by its Principal 5. Sharadha Vilas Law College, Mysuru-570 004 Rep. by its Principal 6. SLSRF Havannur College of Law Hoysalanagar, Bengaluru-560 018 Rep. by its Principal ... RESPONDENTS (By Smt. Savitha Kulkarni, Advocate for R1) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to call for the records concerning and connected with the impugned Circular dtd.04/05.04.2017 issued by R1 vide Annexure-A peruse the same and declare the said Circular as illegal, arbitrary and unsustainable in law and to direct the respondents to allow the petitioners to appear at and complete their course of education in Law by appearing at the 3rd Semester Examination as also the subsequent Semester Examinations in the Law Subjects/Papers in which they have not passed till date, conducted by R1 for enabling them to complete the said course and seek and obtain from the said University the desired degree of Bachelor of Law of the said University.
These petitions coming on for Orders this day, the Court made the following:-
ORDER The petitioners herein have filed I.A. No.2/2017 seeking permission to appear in the examination commencing from 20th December, 2017. They contend that they were admitted to the three year Law course in the academic year 2009-2010. They further contend that they have not completed their course. In the circumstances, they have challenged the Circular dated 04/05.04.2017 issued by the 1st respondent-University.
2. Learned counsel for the petitioners submits that the Circular is illegal and that the Circular is not annexed with the resolution of the 59th Syndicate meeting of the Law University. He further submits that the Law University could not have debarred the petitioners from taking examination by issuing such a Circular, resulting in their career in law being jeopardized. In the circumstances, petitioners’ counsel submits that the petitioners may be permitted to take the examination commencing in December-2017.
3. Learned counsel for the 1st respondent submitted that the said Circular has been issued having regard to the Regulation of three year LL.B. course and that the petitioners herein were admitted to the said course in the academic year-2009 and having not completed their course within the stipulated time, they cannot be permitted to deviate from the circular.
4. The Circular reads as under:
“KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBBLLI-580 025 Accredited with ‘A’ Grade by NAAC No. KSLU Exam/2017/009 Dated:04/05-04-2017 Circular TO, The Principals, All affiliated law colleges of Karnataka State Law University, Hubballi.
Sub: Clarification regarding 2009 and 2010 batch students appearing for the next ensuing examination.
Respected sir/Madam, With reference to the above subject, it is to inform your kind self that, as per the existing Regulation of 3 year LL.B. course and also as per the resolution of the 59th Syndicate meeting, students of 2009 batch of 3 year LL.B. shall not be permitted to appear for the next ensuing examination (i.e. June/July-2017 exam).
Further, it is to clarify that 2010 batch students are permitted to appear for the next ensuing examination (i.e. June/July-2017 exam) to pass all the remaining subjects, otherwise he/she will lose their studentship as per the existing regulation. Hence, the same shall be brought to the notice of all the concerned students and office staff of your college.
Sd/- Registrar(Evaluation)I/C ”
5. A reading of the said Circular would indicate that the Law University does not intend to permit the students who were admitted as back as in the year 2009 to take examination in June/July-2017. The object is to ensure that students who have not completed the three year Law course within a reasonable time should not be permitted to take the examination repeatedly, which will only result in lowering of standards in the profession of Law. If the University has not permitted the students who have been admitted in the year 2009 to continue to appear for the examinations in the year 2017 and has permitted the students who have been admitted in the year 2010 to take examinations, subject to the certain conditions, then the said stipulations in the Circular have been issued by the University, keeping in mind the standards of legal education. This Court under Article 226 of the Constitution cannot sit in judgment over the stipulation and standards that have been sought to be regulated and maintained by the University. Those are aspects which have to be handled by the experts in the field. This Court cannot permit the students to appear in the examination contrary to the regulations or the stipulations of the University. Further, there is no valid contention raised as to why the Circular is bad in Law.
6. In the circumstances, there is no merit in the writ petitions. Writ petitions are dismissed.
Consequently, I.A. No.2/2017 is also dismissed.
Smt. Savita Kulkarni, learned counsel is permitted to file her Vakalatnama within a period of four weeks from today.
Sd/- JUDGE