Sri Vivek T R vs The Visveshwaraiah ...
2023 Latest Caselaw 4864 Kant

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                                              NC: 2023:KHC:26079
                                               WP No. 20212 of 2021




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 26TH DAY OF JULY, 2023

                                     BEFORE
            THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                   WRIT PETITION NO. 20212 OF 2021 (EDN-RES)
            BETWEEN:

                  SRI VIVEK T R
                  S/O SRI RENUKA PRASAD
                  AGED ABOUT 26 YEARS
                  RESIDING AT 9/B-1, BUDDAMARG, 1ST CROSS
                  SIDDARTHA LAYOUT, MYSURU-570 011
                                                        ...PETITIONER
            (BY SRI. CHANDRAKANTH R GOULAY, ADVOCATE)

            AND:

            1.    THE VISVESHWARAIAH TECHNOLOGICAL
                  UNIVERSITY (VTU)
                  GYNANASANGAMA, BELAGAVI-590 018
                  REP BY ITS REGISTRAR
Digitally
signed by
ALBHAGYA
            2.    THE PRINCIPAL
Location:
HIGH              THE NATIONAL INSTITUTE OF ENGINEERING
COURT OF          MYSURU-570 008
KARNATAKA
                  (AMENDED AS PER COURT ORDER
                  DATED: 01.02.2022)
                                                      ...RESPONDENTS
            (BY SRI. SANTOSH SUBHASHCHANDRA NAGARALE, ADVOCATE
            FOR R1)

                THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
            CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
            RESPONDENTS TO PERMIT/ADMIT THE PETITIONER TO THE 7TH
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                                          NC: 2023:KHC:26079
                                               WP No. 20212 of 2021




SEMESTER AND 8TH SEMESTER CLASSES AND TO PERMIT HIM
TO COMPLETE THE COURSE AND TO PERMIT HIM TO APPEAR
FOR ENSUING EXAMINATION COMMENCING FROM 20TH
JANUARY 2022 ONWARDS AND ETC.,

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                                ORDER

The captioned petition is filed seeking the following

reliefs:

"a) Issue a writ of mandamus directing the respondents to permit/admit the petitioner to the 7th semester & 8th semester classes and to permit him to complete the course and to permit him to appear for ensuing examination commencing from 20th January 2022 onwards;

b) Issue a direction to the respondents to allow the petitioner to complete the B.E. course by permitting him to appear for the 7th and 8th semesters irrespective of expiry of 8 years stipulated time period for completing the course by relaxing the same and in view of the health condition of the petitioner and to pass appropriate suitable orders;

c) Pass such other order or orders as this Hon'ble Court deems fit and proper to meet the ends of justice."

NC: 2023:KHC:26079 WP No. 20212 of 2021

2. The petitioner took admission to Bachelor of

Engineering in the branch of Industrial Production on

02.08.2013. The petitioner though has completed 5th and

6th semesters in the month of October 2021, was not

allowed to pursue 7th and 8th semesters on the ground that

he has failed to complete the course within the stipulated

period of 8 years from the date of admission. This action

at the hands of the respondents compelled the petitioner

to knock the doors of this Court.

3. This Court vide interim order dated 15.11.2021

permitted the petitioner to complete 7th and 8th semesters.

4. Learned counsel appearing for the petitioner

placing reliance on the judgment raised by the coordinate

Bench of this Court in an identical case would request this

Court to direct the respondents by way of one time

measure to declare the results and issue degree

certificate.

5. Per contra, learned counsel appearing for the

respondent-University, however, would bring to the notice

NC: 2023:KHC:26079 WP No. 20212 of 2021

of this Court that this benefit extended under Notification

dated 14.01.2022 permitting one time exit scheme to the

students is not applicable to the petitioner as he has failed

to complete the course work in full within the stipulated

period of 8 years. Therefore, he would contend that

petitioner is not entitled for the degree certificate.

6. Heard learned counsel for the petitioner and

learned counsel appearing for the respondent-University.

I have given my anxious consideration to the material

placed on record.

7. Though I find some force in the submission

made by the learned counsel appearing for the

respondents, however, this Court would find that the

coordinate Bench in identical case permitted the students

to complete the course after expiry of 8 years from the

date of admission and consequently, allowed the writ

petition and directed the respondents to declare the

results of the petitioner in respect of failed subjects and

NC: 2023:KHC:26079 WP No. 20212 of 2021

consequently, a direction was issued to issue provisional

degree certificate and final degree certificate.

8. The present case on hand is identical and

similar to the one that is cited by the learned counsel

appearing for the petitioner. The petitioner admittedly

failed to complete the course within the stipulated 8 years

period. However, it is not in dispute that petitioner has

cleared all the subjects and therefore, in the interest of

justice, this Court deems it fit to issue a direction to

respondent No.2 to declare the results of 7th and 8th

semesters examination.

9. For the foregoing reasons, I proceed to pass the

following:

ORDER

(i) The writ petition is allowed in part;

(ii) The respondent Nos.1 and 2 are hereby directed to declare the results of the petitioner in respect of 7th and 8th semester in terms of notification dated 14.01.2022;

NC: 2023:KHC:26079 WP No. 20212 of 2021

(iii) The respondent No.1 is hereby directed to issue provisional degree certificate and final degree certificate of the petitioner subject to other eligibilities.

Sd/-

JUDGE

CA