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.55256 OF 2017 (EDN-EX) Between:
Mr. Vijay Kumar R S/o. Ramappa T, Aged about 27 years, R/at No.4, Veeramadakari Road, Yerrannapalya, Ramurthynagar, Bengaluru – 560 016.
(By Sri. Harish H.V., Advocate) And:
1. Visvesvaraya Technology University, Belagavi – 590 018, Represented by its Registrar 2. The Cambridge Institute of Technology, K.R.Puram, Bengaluru – 560 036.
By its Principal.
3. State of Karnataka, Department of Education, Rep. by its Secretary, ...Petitioner Vikas Soudha, Bengaluru – 560 001.
... Respondents (By Sri. Santosh S. Nagarale, Advocate for R1; Smt. Pramodini Kishan, AGA for R3) *** 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.1 on 01.12.2017 vide Annexure-A and permit the petitioner to pursue his studies and write his exams in the balance subject of 3rd, 4th and 5th Semesters in the respondent No.2- Institute and etc.
This Writ Petition coming on for Orders 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 1st Respondent-University at Annexure - A 2. Learned counsel for the petitioner submits that the petitioner was admitted to 2nd year B.E Engineering course in the academic year 2011-12 by way of lateral entry. He was expected to complete his course in three years time. However, he 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 impugned circular directed the Principals of affiliated colleges not to allow the students of 2011 batch B.E/ B.Tech, lateral entry, as the duration of their course has been completed.
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 them 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 for Respondent- University Sri.Santosh S.Nagarale 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 the Respondent-University 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