Karnataka High Court
Rishab Trakroo vs State Of Karnataka on 23 December, 2021
Bench: Ashok S.Kinagi
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.22736 OF 2021 (EDN-RES)
C/W
WRIT PETITION NO.18230 OF 2021 (EDN-EX)
IN W.P. No.22736/2021
BETWEEN:
1. K P PRABHUDEV
S/O PAPANNA
AGED ABOUT 23 YEARS
R/AT KURUGAL VILLAGE
KOLAR - 563 101.
2. CHINMAYEE M
D/O MAHADEVAIAH
AGED ABOUT 22 YEARS
R/AT HANUMANTHAPURA
BANGALORE RURAL - 562 111.
3. U. SHIVAKUMAR GOWDA
S/O U PRABHU DEVA
AGED ABOUT 22 YEARS
R/AT SHIVA SHREE BUILDING
GANDHI NAGAR
BELLARY - 583 103.
4. RAVIKUMAR N
S/O NAGARAJU
2
AGED ABOUT 20 YEARS
R/AT SHREERAMANAHALLI
NAGAMANGALA TALUK
MANDYA DISTRICT - 571 432.
5. DHANUSH D RAJ
S/O DEVARAJ C L
AGED ABOUT 21 YEARS
R/AT KADUR
CHIKMAGALURU DISTRICT - 577 548.
6. CHAMPA
D/O B MADHUSUDAN ADIGA
AGED ABOUT 20 YEARS
R/AT CHOKKASANDRA
DASARAHALLI
BANGALORE NORTH DISTRICT - 560 057.
7. GAGANA S
C/O SHIVANNA D
AGED ABOUT 22 YEARS
SAHAKARANAGAR ,
BANGALORE NORTH - 560 022.
8. GANGADHAR S N
S/O NARAYANASWAMY S R
RANGA RAOD
SRINIVASAPURA, KOLAR - 563 135.
9. ABHISHEK GOWDA P
S/O PUTTAPPA
AGED ABOUT 25 YEARS
ABBAVI VILLAGE, POST HARATI ,
KOLAR TQ AND DISTRICT 563 101.
...PETITIONERS
(BY SRI. M.P. SRIKANTH, ADVOCATE)
3
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO THE HIGHER EDUCATION
M S BUILDING
BENGALURU - 560 001.
2. BAR COUNCIL OF INDIA
21, ROUSE AVENUE ROAD
INSTITUTIONAL AREA ITO
BAL BHAWAN
NEW DELHI 110 002
REP. BY ITS SECRETARY.
3. KARNATAKA STATE LAW UNIVERSITY
REP. BY ITS REGISTRAR
NAVA NAGAR
HUBBALLI - 580 025.
.....RESPONDENTS
(BY SMT. H.C. KAVITHA, HCGP FOR R-1
SRI. SRIDHAR PRABHU, ADVOCATE FOR R-2
SRI. UDAYA HOLLA, SR. COUNSEL FOR
SRI. GANAPATHI BHAT, ADVOCATE FOR R-3
SRI. AMRUTESH N.P., ADVOCATE FOR IMPLEDING
APPLICANT ON I.A.4/21 AND I.A.5/21)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
HOLD AND DECLARE THAT THE RESOLUTION DATED
6.6.2021 OF THE R-2 A NOTIFIED VIDE PRESS RELEASE
DATED 10.6.2021 MANDATING HOLDING THE
EXAMINATIONS FOR EN TERM EXAMINATION AS NOT
APPLICABLE TO INTERMEDIATOR SEMESTERS STUDENTS
SUCH AS THE PETITIONER VIDE ANNEXURE-K
AND QUASH THE CIRCULAR DATED 01.12.2021 TIME
TABLE ISSUED ON 02.12.2021 AND ALL FURTHER
4
PROCEEDINGS TAKEN THEREON BE QUASHED ANNEXURE-
W AND X.
IN W.P.NO.18230/2021
BETWEEN:
1. RISHAB TRAKROO
S/O SUNIL KUMAR TRAKROO
AGED 23 YEARS
NO.67, 3RD CROSS, SRI NAGAR
NEAR RAGHAVENDRA MUTT
BANASHANKARI
BENGALURU - 560 050.
2. MOURYA M P
S/O PRAKASH
21 YEARS, ARURU(V)MANDIKAL HOBLI,
PERESENDRO,
CHIKKABALLAPUR DISTRICT 562101.
3. UDAY BHARATH GOWDA
S/O KESHAVA MURTHY
21 YEARS, VIJAYAPURA
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562135.
4. MOHAMMED KALEEM
S/O NISAR AHMED
21 YEARS, # 2363, KUSHAL NAGAR
4TH CROSS, HANITIA MOSQUE ROAD,
BENGALURU 560 045.
5. ANUKRITI RAWAT
D/O ASHOK RAWAT
20 YEARS, VGGH HOSTEL
NEAR CITY UNION BANK
GATE NO.10, MATHIKERE
BENGALURU 560054.
5
6. TANIYA CHANDRAKAR
D/O K L CHANDRAKAR
21 YEARS, VGGH HOSTEL
NEAR CITY UNION BANK
GATE NO 10, MATHIKERE
BENGALURU 560054 .
7. ROHITH S
S/O SURESH KUMAR
23 YEARS, #560, 1ST BLOCK
19TH CROSS, R.T. NAGAR
BENGALURU 560032.
8. BAYYAREDDY G
S/O GANGIREDDY B
23 YEARS, TURIKESHAPALLI VILLAGE
CHAKAVELU POST
BAGEPALLI TALUK
CHIKKABALLAPURA DISTRICT 563124.
9. FATEEN TARRIQ
S/O OMAR FAROOK
AGED 20 YEARS,
MSR. BOYS HOME, MATHIKERE
BENGALURU-560054.
10 . PURVI PRANSUKHKA
D/O SURESH PRANSUKHKA
AGED 21 YEARS
VGGH HOSTEL, NEAR CITY UNION BANK
GATE NO.10, MATHIKERE
BENGALURU-560054.
11 . TANISHA TIWARI
D/O R N TIWARI
AGED 20 YEARS,
MUKAL RAM NIVAS, NEAR BENGAL BIRYANI
MATHIKERE, BENGALURU-560054.
6
12 . SHIKHA SHARMA
D/O VIJAY KUMAR SHARMA
AGED 19 YEARS,
MUKAL RAM NIVAS,
NEAR BENGAL BIRIYANI
MATHIKERE
BENGALURU-560054.
13 . SHREEYANSH BAJPAI
S/O PRAVEEN CHANDRA BAJPAI
AGED 20 YEARS,
NO.20/2, MATHIKERE EXTENSION
NEAR CLASSIC BAKERY
BENGALURU-560054.
14 . DIWAS RAJ
S/O MR. DEVENDRA PRASAD
AGED 23 YEARS,
MSR BOYS HOME, MATHIKERE
BENGALURU-560054.
15 . SAKET TAMBE
S/O MR. SHRIKANT TAMBE,
AGED 23 YEARS
MSR BOYS HOME MATHIKERE
BENGALURU-560054.
16 . SHUBHAM KUMAR
S/O ANIL K S SING
AGED 22 YEARS, MSR BOYS HOME,
MATHIKERE
BENGALURU-560054.
17 . SACHIN TANWAR
S/O RAJIV TANWAR
AGED 21 YEARS, MSR BOYS HOME
MATHIKERE
BENGALURU-560054.
7
18 . AKSHIT TANDON
S/O MR MANISH TANDON
AGED 21 YEARS,
TAYCOON HOMES, AGS LAYOUT
MATHIKERE
BENGALURU-560054.
19 . DIVYAMAN SINGH SEN
S/O SUNDEEP SEN
AGED 22 YEARS,
AGS LAYOUT, 6TH CROSS ROAD
BENGALURU-560054.
20 . AKRITI SHARMA
D/O RUPAM SHARMA
AGED 22 YEARS,
M S R GOKULA GIRLS HOSTEL
MATHIKERE
BENGALURU-560054.
21 . SUMANT
S/O MANDAN SINGH
AGED 21 YEARS,
MSR BOYS HOME,
MATHIKERE
BENGALURU-560054.
22 . DHANUSH
S/O MARAIAH M
AGED 19 YEARS
MSR BOYS HOME, MATHIKERE
BENGALURU-560054.
23 . VINAYAK G
S/O MANISH G
AGED 19 YEARS, MSR BOYS HOME,
MATHIKERE
BENGALURU-560054.
8
24 . NIHAAL SANA
S/O SANAULLA P F
AGED 21 YEARS, 18/1-1
2ND CROSS, GANGA NAGAR
VASSANTHAPA GARDEN
BENGALURU-560032.
25 . KSHITIJ RAJOO
S/O DR. RAJU
AGED 21 YEARS, MSR BOYS HOME
MATHIKERE
BENGALURU-560054.
26 . P K VISWANTH
S/O B PRABAKARAN
AGED 18 YEARS
MSR BOYS HOME, MATHIKERE
BENGALURU-560054.
27 . JATEN GUPTA
S/O ANIL KUMAR GUPTA,
AGED ABOUT 21 YEARS,
MSR BOYS HOME, MATHIKERE
BENGALURU-560054.
28 . RAUNAK SINGH
S/O PARAMJEET SINGH,
AGED 21 YEARS,
VARSHA RESIDENCY, NEW BEL ROAD,
NEAR REVA COLLEGE,
SANJAY NAGAR, BENGALURU-560094.
29 . MANAV VERMA
S/O M.K. VERMA
AGED 21 YEARS,
VARSHA RESIDENCY, NEW BEL ROAD,
NEAR REVA COLLEGE,
SANJAY NAGAR, BENGALURU-560094.
9
30 . ABUZAR AHMAD SIDDIQUI
S/O A.A. SIDDIQUI,
AGED 22 YEARS,
VARSHA RESIDENCY, NEW BEL ROAD,
NEAR REVA COLLEGE,
SANJAY NAGAR, BENGALURU-560094.
31 . BHARGAV BORGOHAIN
S/O M BORGOHAIN,
AGED 22 YEARS,
MSR BOYS HOME, MATHIKERE,
BENGALURU-560054.
32 . HARIHARAN J
S/O JAWAHAR,
AGED ABOUT 28 YEARS,
MSR BOYS HOME, MATHIKERE,
BENGALURU-560054.
33 . SHAMBHAVI SINGH
D/O PRABHAKAR SINGH,
AGED 20 YEARS,
2ND FLOOR, SANTRUPTHI,
4TH MAIN, 3RD CROSS, 4TH A MAIN,
MATHIKERE ENT, BENGALURU 560054.
34 . ANUPRIYA CHAUHAN
D/O MANOJ KUMAR CHAUHAN,
AGED 21 YEARS,
2ND FLOOR, SANTRUPTHI,
4TH MAIN, 3RD CROSS, 4TH A MAIN,
MATHIKERE ENT, BENGALURU 560054.
35 . JAHANVI BARNWAL
D/O BRIJESH KISHORE BARNWAL,
AGED 20 YERAS,
2ND FLOOR, SANTRUPTHI,
4TH MAIN, 3RD CROSS,
10
4TH A MAIN, MATHIKERE ENT,
BENGALURU 560054.
36 . S. SHANKAR CHARITHRN
S/O SELVAMANT,
AGED 19 YEARS,
MSR BOYS HOME, MATHIKERE,
BENGALURU-560054.
37 . J S N MADHU KIRAN
S/O NARASIMHULUR,
AGED 20 YEARS,
MSR BOYS HOME, MATHIKERE,
BENGALURU-560054.
38 . G NITISH
S/O ADENNA,
AGED 20 YEARS,
MSR BOYS HOME
MATHIKERE,
BENGALURU-560054.
39 . SAINATH REDDY
S/O PRASAD REDDY
AGED ABOUT 20 YEARS,
MSR BOYS HOME, MATHIKERE
BENGALURU-560 054.
40 . RUCHI AGARWAL
D/O S M AGARWAL
AGED ABOUT 21 YEARS,
FLAT NO.4072
ANOTHER SKY BANASWADI
BENGALURU-560043.
41 . KAVANA S
D/O SUBRAMANYA
AGED ABOUT 20 YEARS,
11
NO.251 NAGARBHAVI, 2ND STAGE
BENGALURU-560056.
42 . NITYA
D/O MANOJ B
AGED ABOUT 20 YEARS,
NO.303, GOLDEN LAND MARK APARTMENT
BENGALURU-560091.
43 . SHOBIT U
S/O UMESH BABU
AGED ABOUT 20 YEARS,
91/1 GOVINDAPPA BUILDING,
DASAPPA GARDEN, R T NAGAR
BENGALURU-560032.
44 . HARSHAN KUMAR
S/O VISWESWARAPPA
AGED ABOUT 42 YEARS
NO.470, 64TH CROSS
5TH BLOCK, RAJAJINAGAR
BENGALURU-560010.
45 . RANJANA HIREMATH
D/O V V HIREMATH
AGED 33 YEARS
NO.3140/B, RAMAPUR EXTENSION
SAUNDATTI 591 126.
46 . KADIRAVAN DHARUMNA
S/O P DHARUMAN
AGED 37 YEARS
NO.8, MANJUNATHA LAYOUT
BHATTARHALLI, K R PURAM
BENGALURU 560 049.
47 . M KARTHIKEYAN
S/O S V MATHAIYAN
12
AGED 38 YEARS
NO.178, BLOCK, 2ND STAGE
T NARASIPURA ROAD
SIDDHARTH LAYOUT
MYSURU 570 011.
48 . RADHA B S
D/O SOMEGOWA B T
AGED 35 YEARS
BALLEKERE (POST AND VILLAGE)
BUKANAKAERE HOBLI, K R PET TALUK
MANDYA DISTRICT 571 401.
49 . SHABAZ ULLA KHAN
S/O SIBGHAT ULLA KHAN
AGED 27 YEARS
NO.147, POLICE ROAD
RANASINGHPET PUTTANNA LANE
BENGALURU 560 053.
50 . AKMAL PASHA Z
S/O ZABIULLA,
AGED 26 YEARS,
NO 6, 4TH CROSS, NEHRU ROAD,
BENGALURU 560026.
51 . C VANLALHRIATPUII
D/O C LALROPUIA,
AGED 22 YEARS,
BEST LADIES PG., LAKSANDRA,
BENGALURU 560030.
52 . APSANA
D/O MUNEER, AGED 28 YEARS
NO 321, ULLALU UPANAGARA,
KENGERI POST,
BENGALURU 560110.
13
53 . SALIM
S/O JAVEED, AGED 24 YEARS, NO 102,
MVR, 2ND BLOCK, J C NAGAR,
BENGALURU 560006.
54 . NUSRATH BEGUM K
D/O IMAM SAB, AGED 22 YEARS,
NO 85/5, 8TH CROSS,
KOPPAL 583231.
55 . RIZWAN S
S/O SHAFIULLA
AGED 23 YEARS
NO 21, 3RD CROSS
KARUMARIYAMMA NAGAR
BENGALURU 560068.
56 . SAFFIYA SHEERIN
D/O H. ZAKIR ALI
AGED 21 YEARS
8TH MAIN ROAD, BLOSSOM PUBLIC SCHOOL
PADARAYANAPURA
BENGLAURU 560026.
57 . RAVEENA SHRUTHI C M
D/O CHANDRAN K
AGED 20 YEARS
NEW AYAKUDI, OBALAPURAM
PALANI CITY, DINDIGUL DIST
TAMIL NADU 624613.
58 . SAAD PASHA
AGED 23 YEARS
S/O SAMEER PASHA
127, 3RD CROSS, HBR LAYOUT
2ND STAGE, AC POST
BENGALURU 560045.
14
59 . MOHAMMED SAAD
S/O SAMIULLA
AGED 21 YEARS
NO 532, NANJAPPA ROAD END
SHANTHI NAGAR
BENGALURU 560027.
60 . MUHAMMAD YUSUF
S/O RANGARAJ T
AGED 32 YEARS
16, 3RD FLOOR, ROSE GARDEN
NEELASANDRA
BENGALURU 560047.
61 . JAMALIYA FIROSE A S
D/O. D ABDUL SALEEM,
AGED 20 YEARS, NO. 2,
SRI. MEENAKSHI NAGAR,
1/99(4) VAIKKAM,
PERIYAR STREET,
NEAR JINGLERS SCHOOL,
NAGANAKULAM,
MADURAI 625014.
62 . MOHAMMED ISMAIL
S/O. FEROZ AHMED,
AGED 24 YEARS
NO. 56, SHIVAJINAGAR,
BENGALURU 560001.
63 . SYED AZAHARUDDIN PASHA
S/O. SYED AHMED,
NO. 15/31, 8TH MAIN ROAD,
BTM LAYOUT, 1ST STAGE,
BENGALURU 560029.
64 . MOHAMMED RAHIL KHAN
S/O. SHAHID KHAN,
15
AGED 22 YEARS, NO. 68,
BDA COMPLEX,
HBR LAYOUT,
BENGALURU 560048.
65 . K. SHIVA KUMAR
S/O. M KUPPAN,
AGED ABOUT 45 YEARS
NO. 62, SESHADRI ROAD,
4TH CROSS, MARAPPA GARDEN,
BENSON TOWN,
BENGALURU 560046.
...PETITIONERS
(BY SRI. BADRI VISHAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
M.S. BUIDLING
DR. B R AMBEDKAR VEEDHI,
BENGALURU 560 001
RERPESENTED BY PRINCIPAL SECRETARY
2. KARNATAKA STATE LAW UNIVERSITY (KSLU)
NAVANAGER, HUBBALLI,
KARNATAKA 580 025
REPRESENTED BY THE REGISTRAR
3. BAR COUNCIL OF INDIA (BCI)
21, ROUSE AVENUE INSTITUTIONAL AREA
NEAR BAL BHAVAN
NEW DELHI 110 002
RERESENTED BY THE CHAIRMAN
4. UNIVERSITY GRANTS COMMISSION (UGC)
BAHADUR SHAH ZAFAR MARG
16
NEW DELHI 110 002
REPRESENTED BY THE CHAIRMAN
...RESPONDENTS
(BY SMT. KAVITHA H C., HCGP FOR R-1
SRI. UDAYA HOLLA, SR. COUNSEL FOR
SRI. GANAPATHI N. BHAT, ADVOCATE FOR R-2
SRI. SHRIDHAR PRABHU, ADVOCATE FOR R-3
SRI. H.R. SHOWRI, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE CIRCULAR DATED 17.09.2021, PASSED BY
THE RESPONDENT No.2 AT ANNEXURE-A, AND THE
NOTIFICATION DATED 22.09.2021 AT ANNEXURE-B AND
DIRECT THE RESPONDENT No.2 TO CONDUCT THE
EVALUATION OF THE INTERMEDIATE SEMESTER
STUDENTS FOR THE EVEN SEMESTER IN THE ACADEMIC
YEAR 2020-2021 THROUGH THE COMPOSITE MODE OF 50
PERCENT MARKS ON THE BASIS OF INTERNAL
EVALUATION ADOPTED BY THE RESPONDENT No.2 AND
THE REMAINING 50 PERCENT MARKS AWARDED ON THE
BASIS OF PERFORMANCE IN PREVIOUS SEMESTER AS
STIPULATED UNDER CLAUSE 5 OF THE UGC GUIDELINES
ON EXAMINATION OF THE UNIVERSITIES IN VIEW OF
COVID-19 PANDEMIC AND SUBSEQUENT LOCKDOWN,
APRIL 2020 AND THE CIRCULAR ISSUED BY RESPONDENT
No.1 ON 23.07.2021.
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 20.12.2021, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:
17
ORDER
The petitioners in W.P.No.22736/2021 are law
students of three years and five years LLB course.
They have filed this writ petition challenging the
resolution dated 6.6.2021 passed by respondent No.2
i.e. Bar Council of India (BCI) as notified vide press
release dated 10.6.2021 mandating holding of
examinations for End term examination as not
applicable to the intermediary semester students such
as the petitioners, vide Annexure-K, circular dated
1.12.2021 and time table issued on 2.12.2021 and all
further proceedings taken thereon be quashed.
The petitioners in W.P.No.18230 of 2021 sought
for quashing of the circular dated 17.9.2021 passed
by respondent No.2-Karnataka State Law University
(KSLU) and the notification dated 22.9.2021 and
sought for a mandamus directing the KSLU to conduct
the evaluation of the intermediate semester students
for the 'Even' semester in the academic year 2020-21
through the composite mode of 50% marks on the
basis of the internal evaluation adopted by the KSLU
and remaining 50% marks awarded on the basis of
performance in previous semester as stipulated under
clause 5 of the UGC Guidelines On Examinations of the
Universities in view of Covid-19 pandemic and
subsequent lock-down and the Circular issued by
respondent No.1 i.e. the State of Karnataka on
23.7.2021.
2. In short the grievance raised by the
petitioners is that the Bar Council of India had issued
the guidelines and instructed to all the Law
Universities in the Country to conduct examinations
for the intermediate and final year students as per
their own dispensation, depending upon the
availability of resources. On the strength of the press
release dated 10.6.2021, the KSLU has issued a
circular dated 1.12.2021 stating that examinations will
be fixed from 15.12.2021 and time tables were issued
on 2.12.2021. The petitioners challenged the press
release and circulars on the ground that the impugned
press release and circulars are not only contrary to
the earlier guidelines issued by the UGC and are
against the notification issued by the State
Government. Since these writ petitions raised a
similar challenge regarding press release and
impugned circular, common order is passed with
respect of both the writ petitions. These writ petitions
are confined only to the examinations to five year LLB
course.
3. Sri M P Srikanth, learned counsel for the
petitioners in W.P.No.22736/2021 submits that the
KSLU has issued circular and press release contrary to
the UGC guidelines. He further submits that the
Dharwad Bench has passed the order quashing the
impugned notification 22.9.2021 issued by the KSLU
and also subsequent the notification dated 1.12.2021
issued by the BCI insofar as it relates to the conduct
of exams for the students of 2nd and 4th semesters of
three year LLB course and further directed the KSLU
to promote the petitioners to the next semester in the
light of the order passed by the Co-ordinate Bench in
W.P.No.14389/2020 disposed of on 8.2.2020 and the
said order was made applicable to the students of
three year LLB course. He further submits that the
Five year LLB students stand on the same footing.
Hence, he prays to allow the writ petition in terms of
the order passed in W.P.No.104008/2021 (Dharwad
Bench).
4. Per contra, learned senior counsel Sri Udaya
Holla appearing for the KSLU submits that passing of
the order by the Co-ordinate Bench in the aforesaid
judgment does not bar the KSLU from conducting
exams for the five year LLB course. He also further
submits that the Co-ordinate Bench in the judgment
dated 1.3.2021 passed in W.P.No.2922/2021
connected with other writ petitions has clearly held
that the directions are applicable only to the
semesters which were affected by Covid-19 and it is
not a blanket order which would be applicable for all
the times to come. He further submits that the action
of the KSLU in conducting the exams is not violative of
Article 14 of the Constitution of India. He further
submits that by conducting exams, the KSLU is
maintaining high standard academic. He further
submits that the colleges have conducted online and
offline classes and the large number of students have
attended on-line and off-line classes. He further
submits that the KSLU sought opinion from the
students as well as teachers for conducting exams to
LLB course. KSLU has received response from the
majority of the students as well as teachers who have
expressed to conduct exams. KSLU after obtaining
opinion from the students as well teachers has taken
steps to conduct exams. He further submits that the
KSLU being aggrieved by the order passed by the
Dharwad Bench has filed an appeal which is pending
for consideration. He further submits that the said
order has not attained finality. Hence, on these
grounds he prays to dismiss the writ petitions.
5. Learned counsel for the BCI, Sri Sridhar
Prabhu submits that the Bar Council of India Rules
framed by BCI deals with legal education, the duration
of it etc. He further submits that degree in law
obtained from a University will not be recognised for
the purpose of enrollment as an Advocate unless the
conditions laid down are fulfilled. He further submits
that the KSLU are bound by the Rules framed by the
BCI. Hence, on these grounds he prays to dismiss the
writ petitions.
6. Perused the records and considered the
submissions made by learned counsel for the parties.
7. That due to Covid-19 pandemic, the colleges
were closed during last academic year. The UGC has
issued the guidelines in the month of April 2020 to all
the law Universities making provision for promotion of
the intermediate semester students on the basis of
performance of previous years and marks obtained in
the internal exams of the last academic year. As per
the UGC guidelines, 50% of the marks obtained in the
internal test of the last academic year and 50% marks
obtained in the previous year shall be considered as
the marks obtained by the students and the same
shall be reflected in the marks card. The BCI issued a
guidelines to its affiliated Universities based on the
guidelines issued by the UGC, however holding of End
semester examination being made compulsory. Some
of the students have filed writ petition challenging the
circulars issued by KSLU in W.P.No.14389/2020 and
other connected matters. This Court vide order dated
8.2.2021 allowed the writ petition and set aside the
press release dated 1.11.2020 issued by the BCI and
circular dated 9.11.2020 issued by KSLU and also
quashed the time table announced by the KSLU along
with the notifications and further observed that the
KSLU may announce fresh time table with respect to
1st year to 4th year students of five year LLB course
scheduling examinations of odd semesters only and
further insofar as even semester examination is
concerned, the same shall be assessed on the basis of
internal assessment of the students to an extent of
50% and remaining 50% of the marks on the basis of
the performance in the previous semester only, if
available and marks card shall also be issued in the
above terms with respect to Even terms. The
Coordinate Bench has set aside the press release
dated 1.11.2020 issued by the BCI and circular dated
9.11.2020 issued by the KSLU on the ground that the
decision of the BCI and KSLU was not on the basis of
the expert's opinion. Subsequently, KSLU has
complied the said order. Thereafter, UGC has issued
guidelines in the month of July 2021. The guidelines
are subject to the Advisories/Directives issued by the
Apex Authority Bodies/Councils concerned viz., AICTE,
NCTE, BCI, NMC, DCI, INC, PCI, AYUSH etc. regarding
examinations and academic calendars.
8. The colleges affiliated to the KSLU have
conducted online and offline classes. The KSLU has
produced the letters addressed by the respective Law
Colleges to the Registrar of KSLU informing about the
online and offline classes conducted for three and five
year LLB courses. From the perusal of the letters
addressed by the Principals of the respective colleges,
the Colleges/Universities have conducted more than
80% of online and offline classes to the students. The
students have also attended online and offline classes.
Effective education was imparted to the petitioners as
well as majority of students. Online education has
gained immense popularity among working
professionals and students pursuing higher education.
Online learning and imparting education by virtual
mode has become the order of the day having regard
to the prevailing situation which is a result of the
covid-19 pandemic faced by the whole world.
Therefore, Online classes with updated technology
and infrastructure cannot be said to be less effective
than offline classes. Unlike medical, paramedical and
some of the technical courses imparting and studying
legal education is completely theoretical. Online
education will put the students in their own study
process which will not only bring discipline in the
students but also will help them in their profession
and career. Distance education is recognised mode of
education and it has been successful. The students
have attended online classes and offline classes during
the semesters. The Government has announced the
reopening of colleges/schools in the State.
Educational Institutions have conducted exams like
SSLC, PUC, NEET and CET etc. The University have to
complete the examination in a given time. The KSLU
is holding examination as per the guidelines issued by
the BCI and the UGC.
9. As per the guidelines of UGC, the BCI
constituted a high level Expert Committee headed by
former Chief Justice of Allahabad High Court and 13
others. The Committee after detailed discussion and
deliberations unanimously agreed that each
University, Centers of Legal Education shall conduct
exams for intermediate and final year students, as per
their own dispensation, depending upon the
availability of resources and the impact of Covid-19 in
that region. It was unanimously agreed that the End
term examination is mandatory to be conducted by all
law schools and Universities. It was further decided
that the Universities/Centres of the legal education
are free to determine the mode of examination (online
/offline /blended /online open book exam /assignment
based evaluation / research papers).
10. Thereafter, the KSLU has issued time table
commencing the exams from 15th December 2021.
The KSLU has produced the data from all Colleges
which are affiliated to the KSLU and also produced a
copy of the exam attendance statistics of the present
year and previous year.
11. The KSLU has produced the copy of the
exam attendance details held from 15.12.2021 vide
Annexure R-29. The same is extracted as under :
KARNATAKA STATE LAW UNIVERSITY, HUBBALLI
Oct-Dec-2021 Examination (Held in Dec-2021) Attendance Statistics)
Examination Course Detail Total Total Total Percentage
Date Students Students Students of
Present Absent Attendance
15-Dec-21 3-Year LL.B course 4910 3350 1560 68.23
5-Year LL.B course 4722 2397 1785 50.76
16-Dec-21 3-Year LL.B course 6369 4516 1784 70.91
5-Year LL.B course 4089 2951 1099 72.17
17-Dec-21 3-Year LL.B course 3715 2801 896 75.40
5-Year LL.B course 4803 3237 1533 67.40
On the analysis of Annexure R-29, it is noticed
that majority of the students have appeared for the
examination commenced from 15.12.2021.
12. The contention of the petitioners is that the
petitioners are to be promoted without conducting an
exam. There are two fold aspects in this issue. Firstly
from the point of view of the students and secondly
from the point of view of ethics in the examination
system. Having regard to the facts and circumstances
of the case and in the background of the prevailing
situation, it would be apt to consider the second point
in these petitions. Petitioners are all the students
pursuing a professional course. It is unfair to promote
the students to the next semester when they do not
have the knowledge of the subjects in the previous
class. It is against the ethics and value system in the
education. Any promotion without exams will be a
futile exercise as there will not be any authenticity and
further it will be quiet demoralising for those who
have burnt mid night oil doing preparation for months.
If there are no exams, no serious students like the
petitioners will be happy and brings laziness in their
attitude and makes mind dull. Exams are part and
parcel of life and students should always face them as
a challenge. Promoting of students without exam is
not a good criteria to measure the best and good
students in studies and it can effect the future of the
students. But direct promotion to the next semester
without holding exams cannot be the alternative. The
Universities must conduct exams in the interest of
students so that a better assessment may be made.
The KSLU after taking stock of the situation of the
Covid-19 pandemic has taken a decision to conduct
exams. It is the domain of the KSLU to conduct
exams as per the directions issued by the BCI and the
UGC i.e. (online /offline /blended /online open book
exam /assignment based evaluation / research
papers). The students cannot dictate the KSLU to hold
exams in a particular mode. The KSLU was justified in
taking a decision to conduct exams for five year LLB
Course. The KSLU has taken a decision to maintain
high standard of education. There is no illegality on
the part of the KSLU in conducting exams and is not in
violation of the UGC and BCI guidelines.
13. As observed above, majority of the students
have already appeared for the exams for the five year
LLB course which has commenced from 15th December
2021. Only few students do not wish to appear for
the exams. Some of the students have filed
applications for impleading in these writ petition
wherein majority of the students are willing to appear
for the examination conducted by the KSLU. In view
of the same, I do not find any illegality in issuing
circular, time table etc. by the KSLU and BCI.
14. This Court vide order dated 12.11.2021
passed an interim order. The KSLU being aggrieved
by the interim order passed by this Court, preferred a
writ appeal in W.A.No.1245/2021, 1269/2021 and
1259/2021. The Hon'ble Division Bench vide order
dated 24.11.2021 permitted the KSLU to hold exams
and result of the exams shall be subject to further
orders. As per the order passed in the aforesaid writ
appeal, the KSLU is holding exams.
15. The KSLU issued a first notification/circular
on 17.09.2021 intimating all the Principal/Director of
all affiliated law colleges regarding exams and conduct
of intermediate exams. Subsequently, revised
notification was issued on 4.10.2021 informing all the
students regarding fee structure prescribed, last date
of filing exam applications, submitting them to the
Universities and date of commencement of exams.
The KSLU has informed the students well in advance
with regard to conducting of the exams for the three
year LLB course and five year LLB course. The
contention of the petitioners that the time table was
not issued well in advance to the students cannot be
accepted for the reasons stated above.
16. Further, all the notifications clearly stipulate
the rescheduled/revised circulars and subsequent
circulars dated 4.10.2021, 15.11.2021 and 1.12.2021
and 2.12.2021. The students were informed before
89 days from the first circular dated 17.9.2021 about
conducting exams. Thereafter, exams have been
rescheduled. Therefore, the contention of the
petitioners that time table of the exams was not
issued well in advance cannot be accepted for the
reason stated above.
17. As observed above, the KSLU have already
commenced the exams. Holding of exams is purely a
academic matter which should be decided by the
academicians and taking into consideration all these
factors, the impugned circulars and time table have
been issued by KSLU and BCI. It is well settled
principle of law laid down by the Hon'ble Apex Court
and this Court in a series of matter that the Courts
should be reluctant to interfere in the academic
matters in order to maintain the standard of education
and have the uniform Rules and Regulations. When
compared to maintaining the standard of education
and the interest of students pursuing professional
course, sympathy to the students cannot be a ground
to entertain the writ petitions.
18. Having regard to the facts and circumstances
of the case, in my view, interference in the academic
discipline by directing KSLU not to hold examinations
and to promote the students on the basis of previous
performance and internal assessment is totally
uncalled for. Therefore, having regard to the facts
and circumstances of the case, as stated above and
taking into consideration the totality of the case in
hand, I do not find any good grounds to consider the
prayer sought for by the petitioners in the instant
petitions.
19. For the foregoing reasons, the following
order is passed :
ORDER
Writ petitions filed by the petitioners stand
dismissed.
In view of the dismissal of the writ petitions,
pending I.As do not survive for consideration.
SD/-
JUDGE
rs
