IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR W.A.No.3507/2018 (EDN - EX) Between:
Smt.Uzma Beagum d/o Musthaq Ahmed Aged about 21 years r/o Sahi Mohalla Gangolli, Kundapura Taluk – 576 201 Udupi District. ..Appellant (By Sri Arun Bhat, Advocate) And :
1. State of Karnataka Rep. by Dept. of Collegiate Education M S Building Bengaluru-01 Rep. by its Secretary.
2. The Registrar (Evaluating), Mangalore University D K District-574199.
3. The Touheed Women’s College of Commerce Gangolli, Kundapura Taluk Udupi District – 576 216 Rep. by its Principal. ..Respondents (By Sri S S Mahendra, AGA for R1, Sri T P Rajendra Kumar Sungay, Advocate for R2 Sri K Prasanna Shetty, Advocate for R3) This WA is filed U/S 4 of the Karnataka High Court Act praying to set aside the order dated 27.11.2018 passed by the learned Single Judge of this Court Hon’ble Court in WP No.16523/2018 (Edn.-Ex) and allow the writ petition.
This WA coming on for preliminary hearing `B’ group this day, NARAYANA SWAMY J, delivered the following:
J U D G M E N T Petitioner has approached this Court with a prayer to quash the endorsement dated 3.4.2018 passed by the Registrar (Evaluating)/respondent No.2 and also the endorsement as per Annexure-A. She joined the B.Com degree course in the 3rd respondent/College. After completion of B.Com, she could not attend the second semester and thereafter she made an application to the respondents to join third and fourth semesters.
2. Inspite of direction issued by this Court, petitioner has not attended the course classes of the second semester. This Court while disposing of WP No.16523/2018 filed by the petitioner permitted her to attend the second semester classes of B.Com. in the academic year 2018-2019, thereafter, the respondent – University was directed to announce the result of second semester examination. It was also permitted the petitioner to appear for 6th semester examination, in case, she succeeds in the second semester.
3. Learned counsel for the petitioner submits that since the petitioner has also written sixth semester examination, it is only required for modification to the 3rd respondent-College to announce the result of the sixth semester examination, in case she succeeds in the second semester. Learned counsel submits that the petitioner wrote the second semester examination without attending the classes.
4. After having heard the submission of both sides, the order dated 27.11.2018 passed in WP No.16523/2018 is confirmed by modifying that the respondents to announce the result of the sixth semester if the petitioner attends the second semester classes of B.Com. course as directed by the learned Single Judge, and completes 2nd semester.
With the above observations, writ petition stands disposed of.
Sd/- JUDGE Sd/- JUDGE Bkm.