Karnataka High Court
Vidyasagar vs The Visveshwaraiah on 23 March, 2023
Bench: M.I.Arun
-1-
WP No. 105001 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 105001 OF 2016 (EDN-EX)
BETWEEN:
VIDYASAGAR S/O. NEELAKANTH PATTAR,
AGED ABOUT 31 YEARS, OCC: STUDENT,
R/AT: N I PATTAR, "SUPRABHAT",
28 'A' MAIN ROAD, VANASIRI NAGAR,
DHARWAD.
...PETITIONER
(BY SRI. ARAVIND D. KULKARNI, ADVOCATE)
AND:
1. THE VISVESHWARAIAH TECHNOLOGICAL UNIVERSITY,
JANANASANGAMA, BELGAUM-590018,
REPRESENTED BY ITS REGISTRAR.
2. THE REGISTRAR (EVALUATION)
Digitally
signed by VISVESHWARAIAH TECHNOLOGICAL UNIVERSITY,
VISHAL
NINGAPPA
PATTIHAL JANANASANGAMA, BELGAUM-590018.
VISHAL Location:
NINGAPPA High Court of
PATTIHAL Karnataka,
Dharwad
Date:
3. THE PRINCIPAL,
2023.03.25
10:57:45 S D M COLLEGE OF
+0530
ENGINEERING & TECHNOLOGY,
DHARWAD.
...RESPONDENTS
(RESPONDENT NO.1-3 ARE SERVED)
---
-2-
WP No. 105001 of 2016
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO:
A) ISSUE WRIT OF CERTIORARI TO QUASH THE CIRCULAR
BEARING NO. VTU/ACA/GEN/16-17/136 DATED: 06.04.2016,
ISSUED BY THE FIRST RESPONDENT (ANNEXURE-C) AS THE
SAME IS VIOLATED OF ARTICLES 14, 16 AND 19 OF THE
CONSTITUTION OF INDIA.
B) ISSUE WRIT OF MANDAUS DIRECTING THE
RESPONDENTS TO PERMIT THE PETITIONER TO APPEAR
FOR S T C EXAMINATION IN RELATION TO THE RESPECTIVE
BACKLOG SUBJECTS OF 7th & 8th SEMESTERS OF BE
COURSE OF ELECTRICAL AND ELECTRONICS SCHEDULED
TO BE HELD DURING JULY/AUGUST 2016 AND FURTHER THE
RESPONDENTS TO DECLARE TEH RESULT OF SAID
EXAMINATION.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. The petitioner joined B.E. course in the 3rd respondent
College, which is affiliated to the 1st respondent University in
the academic year 2004-05. He could not complete the said
course within the time stipulated by the University. The
WP No. 105001 of 2016
University passed an order offering one more chance for
students like the petitioner to appear in the examination to be
held in May/June/July 2016. However, the said order was
withdrawn. The petitioner has challenged the same.
2. In catena of judgments, this Court as well as the Hon'ble
Apex Court have held that, it is the prerogative of the
University to fix the duration within which a student has to
pass the examination. It is not for the Courts to interfere with
the same. The University in its wisdom has withdrawn its
earlier order. It is seen that the petitioner was given time
equivalent to double the duration of the course to pass all the
subjects. He has failed to do so. It reflects poorly on the
petitioner and he does not deserve any relief at the hands of
this Court. None of his rights have been violated.
3. For the aforementioned reasons, the writ petition is hereby
dismissed.
Sd/-
JUDGE
gab/ct-bk
