IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA WRIT PETITION NO.55232 OF 2017 (EDN-EX) Between:
Umamahesh K.L S/o Lakkappa, Aged about 27 years, R/at Kachahalli Village, Tubagere Post, Doddaballapur Taluk, Bengaluru Rural District – 561 203. (By Sri. Adinarayanan, Advocate) And:
1. The State of Karnataka, Dept. of Higher Education, Rep. by its Secretary, M.S. Building, Bengaluru – 560 001.
2. Visvesvaraya Technological University, Belagavi – 590 018, Karnataka State, India.
Rept. by its Registrar (Evaluation) ...Petitioner 3. Sai Vidya Institute of Technology, Rajanukunte, Doddaballapur Road, Bengaluru – 560 064. Rep. by its Principal.
(By Sri. P. Karunakar, AGA for R2;
Smt. Pramodini Kishan, AGA for R1) *** ... Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the circular issued by respondent No.2 on 01.12.2017 which produced at Annexure-A, consequently direct the respondent No.2 to allow the petitioner to take his examination for December 2017/January 2018 and extend the benefit to this petitioner for extension of duration to complete his Engineering Degree as per the Notification dated 27.10.2016 which is produced at Annexure – G and etc.
This Writ Petition coming on for Preliminary hearing this day, the Court made the following:-
O R D E R Petitioner has assailed circular dated 01.12.2017 issued by the Registrar of the 2nd respondent-University at Annexure – A.
2. Learned counsel for the petitioner submits that the petitioner was admitted to B.E Engineering course in the academic year 2011-12 by way of lateral entry. They were expected to complete their course in three years time. However, they had three further academic years to complete the course, which expired in the academic year 2016-17. But as the petitioner has not cleared in all the subjects, he sought for a further opportunity to appear in the examinations to be held in the subjects in which he has not cleared. The Registrar, by notification dated 27.10.2016 (Annexure-G), has stated that the petitioner had to complete his course in the academic year 2016-17 and no further opportunity could be given to him to complete his course.
3. Learned counsel for the petitioner submits that as far as the students who are admitted in the academic year 2010-11 are concerned, the University has given him liberty beyond six years to complete the course and that a similar opportunity ought to have been made available to the petitioner herein and therefore, he submits that the impugned circular dated 01.12.2017 at Annexure-A is not in accordance with law.
4. Per contra, learned counsel Sri.P.Karunakar who has appeared on advance notice, would submit that in the event the University is to extend additional opportunity to the petitioner herein, he could avail of the same, but under the extant regulations, he cannot be permitted to appear in the examinations, that too, by an interim order to be passed by this Court.
5. Having regard to the fact that Annexure-A specifically states that beyond six years, the petitioner is not entitled to any further opportunity to appear in the examinations in which he has not cleared, this Court exercising jurisdiction under Article 226 of the Constitution, cannot direct the respondent-University to permit the petitioner to appear in further examinations to be conducted by the University. Such a direction would be a direction to the University to violate its extant Regulations which is impermissible in law. In the circumstances, no relief can be granted to the petitioner herein as sought by him. However, in the event the respondent-University affords further opportunity to the petitioner to complete his course, he is entitled to make use of such opportunity, if he is otherwise eligible to do so.
6. Subject to the aforesaid observation, the Writ Petition is dismissed.
Sd/- JUDGE UN