Citation : 2021 Latest Caselaw 6012 Kant
Judgement Date : 13 December, 2021
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE DAY OF 13TH DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WP NO 104537 OF 2021 (EDN-ADM)
BETWEEN
MOHAN TIRAKAPPA KATTIMANI
AGED ABOUT 25 YEARS,
OCC. STUDENT,R/O. NAVILUSARARU TOTA,
HALLIGERI ROAD,NIGADI VILLAGE,
TQ. DHARWAD,DIST. DHARWAD.
...PETITIONER
(BY SRI. ARAVIND D KULKARNI, ADV.,)
AND
1 . THE STATE OF KARNATAKA
DEPARTMENT OF HIGH EDUCATION,
REPRESENTED BY PRINCIPAL SECRETARY,
M S BUILDING,BENGALURU.
2 . KARNATAKA STATE LAW UNIVERSITY
REPRESENTED BY ITS REGISTRAR,
NAVANAGAR,HUBBALLI.
3 . THE PRINCIPAL, KPES LAW COLLEGE,
G M PATIL LAW COLLEGE,
D C COMPOUND,DHARWAD.
...RESPONDENTS
(BY SRI S.S.BETURMATH, ADV., FOR SRI.K.L.PATIL, ADV., FOR R2;
SRI.B.V.SOMAPUR, ADV., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA PRAYING TO QUASHING ORDER
15/11/2021 REGARDING THE APPLICATION REF
NO.LW002S210001817 OF THE PETITIONER ANNEXURE-D AND
CONSEQUENTLY, ALLOW THE PETITIONER S APPLICATION FOR ISSUE
OF ELIGIBILITY CERTIFICATE FOR PURSUING LAW GRADUATION.
2
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner's request for admission to Ist year LLB is
rejected on the ground that petitioner has completed PUC
without completing Ist year PUC. Hence, this writ petition.
2. Learned counsel for petitioner would submit that
issue involved in this writ petition was examined by the Co-
ordinate Bench of this Court in writ petition No.25863/2019
disposed of on 4/11/2020 relying upon Division Bench judgment
of this Court in W.A.No.5142/2016 has held that when a
candidate has completed II year PUC then the candidate would
be eligible for pursuing LLB course without completing I PUC.
3. Learned counsel for respondent University and the
learned counsel for respondent No.2 College do not dispute the
aforesaid factual possession of law.
4. To maintain parity, this writ petition also requires to
be disposed off in the light of the order passed by the Co-
ordinate Bench of this Court in WP.No.25863/2019. Accordingly,
I pass the following:
ORDER
i) The writ petition is allowed.
ii) The 1st respondent is directed to consider
the eligibility of the petitioner for admission to I LLB
course in the light to the order passed by the
Division Bench of this Court in W.A.No.5142/2016.
iii) The said exercise shall be completed
within a period of four weeks from the date of the
receipt of certified copy of this order.
Sd/-
JUDGE Vb/-
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