Karnataka High Court
Karen Anita Henry D Souza vs Karnataka State Law Univeristy on 23 March, 2023
Bench: Pradeep Singh Yerur
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WP No. 5344 of 2023
C/W WP No. 4024 of 2023
WP No. 4107 of 2023
WP No. 4605 of 2023
WP No. 5076 of 2023
WP No. 5128 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 5344 OF 2023 (EDN-EX)
C/W
WRIT PETITION NO. 4024 OF 2023 (EDN-RES)
WRIT PETITION NO. 4107 OF 2023 (EDN-RES)
WRIT PETITION NO. 4605 OF 2023 (EDN-RES)
WRIT PETITION NO. 5076 OF 2023 (EDN-RES)
WRIT PETITION NO. 5128 OF 2023 (EDN-EX)
IN WRIT PETITION No.5344 of 2023
BETWEEN:
SRI. N SIVAGANESAN,
S/O NATESAN,
AGED ABOUT 51 YEARS,
R/O NO. 36, NEW CORPORATION QUARTERS,
Digitally JAKKARAYANAKERE,
signed by SHESHADRIPURAM,
VALLI M BENGALURU - 560 020.
Location:
...PETITIONER
High Court
of Karnataka (BY SRI YOGESH, ADVOCATE
SRI. VIRUPAKSHAIAH P.H., ADVOCATE)
AND:
1. KARNATAKA STATE LAW UNIVERSITY,
P.B. ROAD, NAVANAGAR,
HUBBALI - 580 025,
REPRESENTED BY ITS REGISTRAR.
2. DR. B.R. AMBEDKAR COLLEGE OF LAW,
NO 38, THIRUMENAHALLI,
NEAR INDIAN BANK,
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HEGDENAGAR MAIN ROAD,
BENGALURU -560 064,
REPRESENTED BY IS PRINCIPAL.
...RESPONDENTS
(BY SRI. GIRISHKUMAR R., ADVOCATE FOR R-1)
THIS WP IS FIELD UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
NOTIFICATION BEARING NO.KSLU/EXAM/2022-23/1948 DATED
27.01.2023 VIDE ANNX-G ISSUED BY THE R-1 UNIVERSITY IN SO
FAR AS IT RELATES TO CLAUSES 11 AND 12 CONCERNED HOLDING
THE SAME IS ILLEGAL AND ETC.
IN WRIT PETITION NO.4024/2023
BETWEEN:
KAREN ANITA HENRY DSOUZA,
D/O HENRY BENJAMIN DSOUZA,
AGED ABOUT 41 YEARS,
R/O FLAT NO. 403,
JUDE DARSHAN BUILDING,
MANIKPUR, VASAI WEST - 401 202.
MAHARASTRA STATE.
...PETITIONER
(BY SRI YOGESH, ADVOCATE FOR
SRI. VIRUPAKSHAIAH P H, ADVOCATE)
AND:
1. KARNATAKA STATE LAW UNIVERSITY,
P B ROAD, NAVANAGAR,
HUBBALI - 580 025,
REPRESENTED BY ITS REGISTRAR.
2. VAIKUNTA BALIGA COLEGE OF LAW,
KUNJIBETTU,
UDUPI - 576 102,
REPRESENTED BY ITS PRINCIPAL.
...RESPONDENTS
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WP No. 5076 of 2023
WP No. 5128 of 2023
(BY SRI. GIRISH KUMAR R, ADVOCATE FOR R-1;
R-2 SERVED AND UNREPRESENTED)
THIS WP IS FIELD UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION
BEARING NO.KSLU/EXAM/2022-23/1948 DATED 27.01.2023 VIDE
ANNEXURE-G ISSUED BY R-1 UNIVERSITY IN SO FAR AS IT
RELATES TO CLAUSES 11 AND 12 CONCERNED HOLDING THE SAME
IS ILLEGAL AND ETC.
IN WRIT PETITION NO.4107/2023
BETWEEN:
SACHIN T.V.,
ACHUTHALAYAM,
MEPPEYIL, VATAKARA,
KOZHIKODE, KERALA - 673 104.
...PETITIONER
(BY SRI. ANISH JOSE ANTONY, ADVOCATE)
AND:
1. THE KARNATAKA STATE LAW UNIVERSITY,
REPRESENTED BY ITS REGISTRAR.
NAVANAGAR,
HUBBALI TQ AND DISTRICT - 560 025,
REPRESENTED BY ITS REGISTRAR.
2. SARVODAYA LAW COLLEGE,
REPRESENTED BY ITS PRINCIPAL,
867, VASANTHA COMPLEX,
DR. M C MODI HOSPITAL ROAD,
RAJAJINAGAR, BENGALURU,
KARNATAKA - 560 086.
...RESPONDENTS
(BY SRI. GIRISH KUMAR R, ADVOCATE FOR R-1;
R-2 HELD SUFFICIENT VIDE ORDER DATED 21.02.2023)
THIS WP IS FIELD UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASHING ANNEXURE-A TO
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AN EXTENT EXCLUDING THE STUDENTS WHO HAD TAKEN
ADMISSION IN THE ACADEMIC YEAR 2014-2015 FROM TAKING THE
EXAMINATION IN THE INTEREST OF JUSTICE AND ETC.
IN WRIT PETITION NO.4605/2023
BETWEEN:
MR. PRABHAKARA N.A.,
S/O ANJANAPPA,
AGED ABOUT 32 YEARS,
RESIDENT OF
NIDARAMANGALA VILLAGE AND POST,
TEKAL, MALURU TALUK,
KOLAR DISTRICT - 563 137.
...PETITIONER
(BY SRI. VENUGOPAL M.S., ADVOCATE)
AND:
1. VICE CHANCELLOR,
THE KARNATAKA STATE,
LAW UNIVERSITY,
NAVANAGAR, HUBBALLI - 580 025.
2. THE REGISTRAR,
THE KARNATAKA STATE,
LAW UNIVERSITY,
NAVANAGAR, HUBBALLI - 580 025.
3. THE REGISTRAR (EVALUATION),
THE KARNATAKA STATE,
LAW UNIVERSITY,
NAVANAGAR, HUBBALLI - 580 025.
4. VISVESWARAPURAM COLLEGE OF LAW,
K R ROAD, V V PURAM,
BENGALURU - 560 004,
REPRESENTED BY ITS PRINCIPAL.
...RESPONDENTS
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(BY SRI. GIRISH KUMAR R, ADVOCATE FOR R-1 TO R-3;
R-4 SERVED AND UNREPRESENTED)
THIS WP IS FIELD UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-1 TO 3
EXTEND THE BENIFIT OF THE RULE 14 (E) OF SIXTH AMENDMENT
200 VIDE NO.KSLU/ADM/2022-23/1779 DATED 22/27-12-2022 VIDE
ANNEXURE-C TO THE PETITIONER PERMITTING HIM TO PAY THE
EXAMINATION FEE AND APPEAR FOR EXAMINATION OF IVTH
SEMESTER 3 YEAR LLB DEGREE PAPER IN PUBLIC INTERNATIONAL
LAW IN TERMS OF THE VIDE NOTIFICATION DATED 27.01.2023 AS
PER ANNX-D BEARING NO. KSLU/EXAM/2022-23/1948, BY
CONSIDERING THE REPRESENTATIONS DATED 13.02.2023 VIDE
ANNX-E AND E1 AND ETC.
IN WRIT PETITION NO.5076/2023
BETWEEN:
1. ANBU CHELVAN S.,
S/O SUBRAMANIYAN,
AGED ABOUT 39 YEARS,
R/A DOOR NO. 3/2021,
EDAIPAIYUR,
KAVERIPATTINAM, PAIYUR,
KRISHNAGIRI DISTRICT - 635 112.
2. IYYANAR GURUNATHAN,
S/O GURUNATHAN,
AGED ABOUT 30 YEARS,
R/A NO. 427, KADAISI STREEST,
NEIKUPPAM, RAJAPALAYAM,
THIRUVANNAMALAI,
TAMIL NADU - 606 755.
3. N PALANISAMY,
S/O NAKULSAMY,
AGED ABOUT 54 YEARS,
R/A NAGULSAMY, 3/30,
AIYAMPALAYAM, MANAVADI,
KARUR - 639 005,
TAMIL NADU.
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4. BALAKRISHNAN,
S/O NAGAPPAN,
AGED ABOUT 40 YEARS,
R/A NO. 74, MOHAMADIYAR STREET,
B P AGRAHARAM, ERODE,
PERIA AGRAHARAM,
TAMIL NADU - 638 005.
5. NARAYANAMOORTHI,
S/O KOTHANDAPANI,
AGED ABOUT 33 YEARS,
R/O NO. 4/55, PALLA STREET,
KUZHAPALUR, VELANTHANGAL,
VILUPPURAM,
TAMIL NADU - 604 152.
...PETITIONERS
(BY SRI. YOGESH, ADVOCATE FOR
SRI. VIRUPAKSHAIAH P H, ADVOCATE)
AND:
1. KARNATAKA STATE LAW UNIVERSITY,
P B ROAD, NAVANAGAR,
HUBBALI - 580 025,
REPRESENTED BY ITS REGISTRAR.
2. DR. B R AMBEDKAR COLLEGE OF LAW,
NO. 38, THIRUEMA HALLI,
NEW INDIAN BANK,
HEGDE MAGAR MAIN ROAD,
BANGALOE - 560 064,
REPRESENTED BY ITS PRINCIPAL
...RESPONDENTS
(BY SRI. GIRISH KUMAR R, ADVOCATE FOR R-1)
THIS WP IS FIELD UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
NOTIFICATION BEARING NO.KSLU/EXAM/2022-23/1948 DATED
27.01.2023 VIDE ANNX-G ISSUED BY THE 1ST RESPONDENT TO
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CAUSES 11 AND 12 IS CONCERNED HOLDING THE SAME IS ILLEGAL
AND ETC.
IN WRIT PETITION NO.5128/2023
BETWEEN:
1. MR. GOVIND K.,
S/O GANGADHARAN K P.,
AGED ABOUT 30 YEARS,
GLOKAN HOUSE, SUB STATION ROAD,
CHEVAYUR POST OFFICE,
KOZHIKODE, KERALA - 673 017.
2. MR. P SATHISH PILLAI,
S/O G PRAMOD KUMAR,
AGED ABOUT 31 YEARS,
CHAITHANYA, UDAIGIRI NAGAR,
MLA ROAD, MANAKUNNAM,
UDAYAMEPEROOR, ERNAKULAM,
KERALA - 682 307.
3. MS. NOUSHABI K,
D/O HAMZA KOYA,
AGED ABOUT 32 YEARS,
KAMMUTTAKATH(H),
TIRUR, MALAPURAM DISTRICT,
KERALA - 676 107.
...PETITIONERS
(BY SRI. TALLA ISMAIL BENGRE, ADVOCATE)
AND:
1. THE KARNATAKA STATE LAW UNIVERSITY,
REPRESENTED BY ITS REGISTRAR.
NAVANAGAR, HUBBALI TQ,
DISTRICT DHARWAD - 580 025,
2. SDM LAW COLLEGE,
REPRESENTED BY ITS PRINCIPAL,
M G ROAD, KODAILBAIL,
MANGALORE D.K - 575 003.
...RESPONDENTS
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(BY SRI. GIRISH KUMAR R, ADVOCATE FOR R-1)
THIS WP IS FIELD UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO THE PETITIONERS MOST
RESPECTFULLY PRAYS THAT THIS HONBLE COURT BE PLEASED TO
PASS ORDER/DIRECTION BY WAY OF WRIT MANDAMUS TO THE R-1
TO ALLOW THE PETITIONERS TO WRITE AND COMPLETE THE EXAMS
AND THE R-2 TO ACCEPT THE EXAMINATION FEE AND FACILITATE
THEN TO WRITE EXAM AND TO GRANT ANY OTHER SUCH DIRECTION
THIS HONBLE COURT MAY DEEM FIT TO GRANT UNDER THE FACTS
AND CIRCUMSTANCES AND ETC.
THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
In all these cases, common questions of fact and law are
involved. Hence, all these petitions are taken up together for
consideration, with consent of learned counsels for the
petitioners.
2. The petitioners-students of three year and five year law
course having joined the course in the respective colleges in
the year 2014-15 of three year batch and 2011-12 of five year
batch are before this Court being aggrieved by the inaction of
the respondent-University in not providing them an opportunity
to write the ensuing examination scheduled to commence from
29.03.2023.
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3. It is the contention of learned counsel for the petitioners
that Regulation 14(b) stipulates, 'students are required to
successfully complete the entire course within six years and 10
years respectively from admission to the course'. Thereafter,
from time-to-time, the said regulation came to be amended
considering the welfare and interest of students and in the year
2020, an amendment was brought about, which says that
students who have not completed their degree within six years
for the three year course were provided two more consecutive
attempts from the date of notification by the University.
Similar, amendment came into force for the five year course
providing them two more consecutive attempts by the very
same amended Regulation of 2020. Thereafter, another
amendment was brought about stipulating that the candidates
who have taken admission for the academic year 2009-10 and
2011-12 but have not successfully completed the degree within
six years and an extended period of two consecutive attempts,
shall be provided one more opportunity as a last opportunity to
complete their degree as a one-time measure. Similar such
opportunity was provided even to the students of the five year
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course. Despite these amendments having been brought into
force by the respondent-University, students who were
admitted for respective courses were unable to use the
extended last opportunity effectively to complete their degree
due to several reasons. Some of the reasons narrated in the
petitions are that the students were suffering from co-morbidity
and due to health conditions inflicted by Covid-19 global
pandemic were unable to complete the course.
4. It is the vehement contention of learned counsel for the
petitioners that due to the prevalent Covid-19 pandemic
situation across the globe which had largely affected India, the
University Grants Commission considering the said global
pandemic situation directed all the Universities to provide
additional attempts in the form of two golden chances to all the
students who could not complete their respective course during
2020 and accordingly opportunities were provided for additional
attempts. It is the contention of petitioners that no such
opportunities were granted or provided to them as a golden
chance to complete their course of study and when another
batch was provided an opportunity of golden chance,
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petitioners contention is that they were not provided the benefit
of golden chance as was given to other batches of three year
course and five year course.
5. Learned counsel for the respective petitioners contended
that they have been permitted to pay the examination fee by
virtue of the interim order granted by this Court and
accordingly, they have paid the examination fee and are
waiting to take-up the examination in anticipation of this Court
granting an order in their favour to take-up the examination.
6. It is the vehement contention of learned counsel for the
petitioners that the notification relied on by the respondent-
University dated 29.08.2022, wherein one last opportunity was
provided as a golden chance for the batch 2014 and so also for
the batch of 2011 onwards for the five year course students
was not properly circulated and the notification was not brought
to the attention and knowledge of the students/petitioners.
Hence, they were unaware of this opportunity by way of
notification of 29.08.2022, which is not within their knowledge
and neither was put-up in the Notice Board by the respective
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Colleges. It is only when the respondent-University issued the
notification of 27.01.2023, the petitioners came to know that
they were not eligible to take-up the examination as the three
year batch students of 2014 and five year batch students of
2011 onwards were not eligible to appear in the ensuring
examination scheduled to commence from 29.03.2023.
7. Aggrieved by the said notification, the petitioners are
before this Court seeking indulgence of this Court to grant the
reliefs sought for in the writ petitions to quash the notification
at Annexure-G, Annexure-E and the respective annexures in
several writ petitions, issued by the respondent-University,
wherein permissions to the three year course students of 2014
onwards and five year course students of 2011 onwards were
not permitted to take-up the ensuing examination scheduled to
commence from 29.03.2023.
8. On the basis of these submissions, learned counsel for
the petitioners seek to allow their writ petitions and grant the
petitioners - students one more opportunity in view of the
global pandemic Covid-19 to facilitate them to write the
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examination scheduled to commence from 29.03.2023, so that
they can successfully complete the law course of three year
batch and five year batch.
9. Learned counsel Sri R Girish Kumar has filed detailed
statement of objections along with the documents in support of
his case. He contends that once the respondent-University has
issued the Regulation/notification notifying the students with
regard to permission being granted to the relevant course with
regard to additional attempts and a golden chance and
opportunity, the students ought to have utilized those attempts
and cleared the examination as per the notification issued by
the University, which is not being utilized by the petitioners-
students. Therefore, the petitioners would not have any
inherent right to seek indulgence of this Court to exercise
jurisdiction under Article 226 of the Constitution to sit over the
wisdom and opinion expressed by the experts in deciding the
number of years for completion of course for the three year
batch students and five year batch students.
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10. Learned counsel relies on the Division Bench judgment of
this Court in the case of R Manoharan vs. The Karnataka
State Law University, Navanagar, Hubli and others [WA
No.1151/2018 (Edn-Ex)], wherein it has been held as
follows;
"It remains trite that no legal right could be claimed in
the matters of education contrary to the regulations of
the University. In the present case, the above quoted
circular dated 04/05.04.2017 makes it clear that even
while providing that 2009 batch of three year LL.B
course students would not be permitted to appear in the
ensuing examination of June/July, 2017, the University
still extended one more opportunity to the 2010 batch
students to appear in the said examination of June/July,
2017."
He also relies on the judgment of a Co-ordinate Bench of this
court in the case of Sithartha Sankar V and others vs. The
Karnataka State Law University and others [WP
Nos.49427-49430/2017 (EDN-EX)] and another judgment
of a Co-ordinate Bench of this court in the case of Anand vs.
The State of Karnataka and others [WP No.107361/2013
(EDN-EX)], wherein the Co-ordinate bench of this Court has
relied on the Division Bench judgment and has held that when
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law does not permit by way of a notification or a rule or a
regulation, this Court sitting exercising the jurisdiction of Article
226 of the Constitution cannot step into the shoes of experts
and legislate the matter as to whether the petitioners should be
provided one more opportunity which would amount to the
Court stepping into the jurisdiction of the legislature for altering
or amending what is provided for the legislature in its wisdom
to do its job.
11. It is the duty and in the domain of the legislature to
legislate or make rules or regulations and notifications by
following due process of law and the procedure laid down in the
statute. The legislature in its wisdom has stipulated certain
standards for the relevant courses of medical, engineering, law
and other courses to complete in certain number of years and
from time-to-time, the said Universities have brought in
amendments suiting the requirements of the students to
complete their course considering the relevant circumstances
existing at the relevant point of time. However, the said
amendments were brought keeping in mind the standards of
legal education in the State and in the Country. The
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regulations, amendments, circulars and notifications that are
brought in from time-to-time by the State for the Universities is
the prerogative of the legislature and this Court cannot sit over
the judgment of the stipulation and standards prescribed by the
relevant/concerned Universities. When the regulation prescribes
certain standard or methodology of education and the number
of attempts to be taken, it may not be appropriate for this
Court to legislate on the matter and alter the same, as it does
not remain within the jurisdiction of this Court to do so. This is
precisely what the counsel for the respondent-University
contends and he is supported by judgments of the Co-ordinate
Bench of this Court and so also Division Bench judgment in WA
No.1151/2018 (Edn-Ex).
12. Be that as it may. The fact remains that these petitioners
are all students of law pursuing their three year course and five
year course and for reasons narrated in their respective
petitions, for one or the other and due to certain uncontrollable
reasons not within their hands; they were unable to take up the
examination, despite the University providing one golden
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opportunity/chance. The petitioners have made representations
to the respondent-Universities to consider their claim and
provide then an opportunity to write the ensuing examination
scheduled to commence from 29.03.2023 as one last
opportunity, failing which they would be left nowhere and their
entire studies of law course for all these years would be of
waste and it will not be helpful either to them or to the society.
I am of the clear and firm opinion that the petitioners do not
have inherent right vested with them to seek indulgence of this
Court as this Court has already expressed that it cannot
legislate the matter or step into the armchair of the experts in
extending the period of course or permitting one more
opportunity to the petitioners of what is prescribed and
stipulated in the regulations of the respondent-University, as
the same is impermissible in law. However, considering the
petitioners situation in all these cases, as a special case, I am
of the opinion that the respondent-University shall consider the
representations made by the petitioners in each of these cases
as a special case and consider the representations on
sympathetic ground and with leniency and if possible
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accommodate them, if they are otherwise eligible, in
accordance with law.
13. In the circumstances and the discussions having been
made above and relying on the judgments of Co-ordinate
Bench and Division Bench of this Court as stated above, I do
not find any good ground or cogent reason to accept the
contentions of the petitioners to show any indulgence in these
writ petitions. Hence, the following;
Order
i) Writ Petitions are disposed.
ii) However, the respondent-University shall
consider the representations made by the
petitioners leniently on sympathetic ground.
iii) If possible, provide them an opportunity to
write the ensuing examination following the due
process of law.
SD/-
JUDGE
