Karnataka High Court
The Registrar (Evaluation) vs S.V. Renu on 15 January, 2025
-1-
NC: 2025:KHC:1375-DB
WA No. 45 of 2025 &
WP No.269 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT APPEAL NO. 45 OF 2025 (EDN-RES)
AND
WRIT PETITION NO.269 OF 2025 (EDN-RES)
IN WRIT APPEAL NO.45 OF 2025:
BETWEEN:
THE REGISTRAR (EVALUATION)
BANGALORE UNIVERSITY
MYSORE ROAD,
JNANA BHARATHI
BENGALURU - 560 056
Digitally signed
by H K HEMA
Location:
HIGH COURT
OF
...APPELLANT
KARNATAKA
(BY SRI. SIDDHARTH PADMARAJ DESAI, ADVOCATE)
AND:
S.V. RENU
C/O S.V. RAMANA
AGED ABOUT 20 YEARS
R/AT: #2612, 6TH CROSS,
108 GANESHA TEMPLE
KUMARASWAMY LAYOUT,
-2-
NC: 2025:KHC:1375-DB
WA No. 45 of 2025 &
WP No.269 of 2025
J P NAGAR, BENGALURU SOUTH,
BENGALURU - 560 078
2. NIDHISHREE J KARANTH
D/O K R JAYARAM KARANTH
AGED ABOUT 20 YEARS
R/AT No.37, 1ST MAIN,
4TH CROSS, ANNAPOORNESHWARI LAYOUT,
J P NAGAR, 7TH PHASE, BENGALURU SOUTH,
BENGALURU - 560 062
3. VIKAS J
S/O Y V JAGANNATH
AGED ABOUT 20 YEARS
R/AT: #123, 5TH CROSS
BALAJI LAYOUT,
NEAR MANJUNATHA KALYAN MANTAPA,
VAJRAHALLI
KANAKAPURA MAIN ROAD,
BENGALURU SOUTH
BENGALURU - 560 062
4. RITHIKA T SHINGRI
D/O TULASIDAS C S
AGED ABOUT 19 YEARS,
R/AT: #3818, 13TH CROSS,
NEAR 15F BUS STOP
2ND STAGE, KUMARASWAMY LAYOUT,
BENGALURU SOUTH
BENGALURU - 560 078
5. BALU A S
S/O SUNDARARAJA A
AGED ABOUT 18 YEARS,
R/AT: KADENAHALLI
-3-
NC: 2025:KHC:1375-DB
WA No. 45 of 2025 &
WP No.269 of 2025
BYRAKUR
KOLAR - 563 131
6. BANGALORE UNIVERSITY
MYSORE ROAD,
JNANA BHARATHI,
BENGALURU - 560 056
REPRESENTED BY ITS
VICE-CHANCELLOR
7. STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION,
6TH FLOOR, M S BUILDING,
DR AMBEDKAR VEEDHI,
BENGALURU - 560 001
...RESPONDENTS
(BY SRI. SUBRAMANYA R, ADVOCATE FOR R1 TO R5;
SRI. K.S.HARISH, GOVERNMENT ADVOCATE FOR R7)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 R/W RULE 27 OF THE
WRIT PROCEEDINGS RULES, 1977 PRAYING TO SET ASIDE
THE INTERIM ORDER DATED 10.01.2025 (IMPUGNED ORDER)
PASSED IN WRIT PETITION NO.269 OF 2025, ETC.
IN WRIT PETITION NO.269 OF 2025:
BETWEEN:
1. S.V. RENU
AGED ABOUT 20 YEARS
-4-
NC: 2025:KHC:1375-DB
WA No. 45 of 2025 &
WP No.269 of 2025
C/O S.V.RAMANA
RESIDING AT: #2612, 6TH CROSS,
108 GANESHA TEMPLE
KUMARASWAMY LAYOUT,
J P NAGAR, BENGALURU SOUTH,
BENGALURU - 560 078
2. NIDHISHREE J KARANTH
AGED ABOUT 20 YEARS
D/O K R JAYARAM KARANTH
RESIDING AT NO.37, 1ST MAIN,
4TH CROSS, ANNAPOORNESHWARI LAYOUT,
J P NAGAR, 7TH PHASE, BENGALURU SOUTH,
BENGALURU - 560 062
3. VIKAS J
AGED ABOUT 20 YEARS
S/O Y V JAGANNATH
#123, 5TH CROSS, BALAJI LAYOUT,
NEAR MANJUNATHA KALYAN MANTAPA,
VAJRAHALLI
KANAKAPURA MAIN ROAD,
BENGALURU SOUTH
BENGALURU - 560 062
4. RITHIKA T SHINGRI
AGED ABOUT 19 YEARS
D/O TULASIDAS C S,
RESIDING AT #3818, 13TH CROSS,
NEAR 15F BUS STOP
2ND STAGE, KUMARASWAMY LAYOUT,
BENGALURU SOUTH
BENGALURU - 560 078
-5-
NC: 2025:KHC:1375-DB
WA No. 45 of 2025 &
WP No.269 of 2025
5. BALU A S
AGED ABOUT 18 YEARS,
S/O SUNDARARAJA A
RESIDING AT KADENAHALLI
BYRAKUR
KOLAR - 563 131
...PETITIONERS
(BY SRI. SUBRAMANYA R, ADVOCATE)
AND:
1. BANGALORE UNIVERSITY
REPRESENTED BY ITS
VICE-CHANCELLOR
MYSORE ROAD,
JNANA BHARATHI,
BENGALURU - 560 056
2. THE REGISTRAR (EVALUATION)
BANGALORE UNIVERSITY
MYSORE ROAD,
JNANA BHARATHI,
BENGALURU - 560 056
3. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION,
6TH FLOOR, M S BUILDING,
DR AMBEDKAR VEEDHI,
BENGALURU - 560 001
...RESPONDENTS
-6-
NC: 2025:KHC:1375-DB
WA No. 45 of 2025 &
WP No.269 of 2025
(BY SRI. SIDDHARTH PADMARAJ DESAI, ADVOCATE FOR R2;
SRI. K.S.HARISH, GOVERNMENT ADVOCATE FOR R3)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.1 UNIVERSITY TO RE-SCHEDULE THE
B.COM DEC/JAN/1R35NEP/2025 EXAMINATIONS HAVING
SUBJECT CODES BCOM-CLA-DSC33 (COMPANY LAW AND
ADMINISTRATION); CCOM13 (MODERN MARKETING); BCOM5-
DSE-F1 (FINANCIAL INSTITUTIONS AND MARKETS); BCOM5-
DSE-A1 (INDIAN ACCOUNTING STANDARDS-I); AECC-IICC-3S
(INDIA AND INDIAN CONSTITUTION) NOTIFIED UNDER THE
NOTIFICATION NO.Ex.VI/UG/SEP & NEP - TIME TABLE/2024-25
DATED 13.12.2024 (ANNEXURE-B), ETC
THE WRIT APPEAL AND WRIT PETITION COMING ON
FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED
THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
-7-
NC: 2025:KHC:1375-DB
WA No. 45 of 2025 &
WP No.269 of 2025
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocates for the respective parties.
2. The original petitioners-respondent Nos.1 to 5 herein were
the students who filed Writ Petition No.269 of 2025 raising a
grievance that the B.Com examination being conducted by
respondent No.1- University overlapped with the examination to be
held and conducted by the Institute of Chartered Accountants of
India and that the dates of both the examinations have been
clashing.
3. Learned Single Judge, by an order dated 10.01.2025,
granted interim order postponing and deferring the holding of the
B.Com examination which had already commenced.
3.1. Against the aforesaid order, the present writ appeal was filed
by the University in which, this Court passed the following interim
order on 12.01.2025,
"We notice that the writ petition was filed by
five students seeking the postponement of B.Com.
Examination conducted by the Bangalore University.
The reasons stated for seeking a postponement of
the examinations on the schedule fixed by the
NC: 2025:KHC:1375-DB
WA No. 45 of 2025 &
Bangalore University was that the CA Foundation and
Intermediate examinations were also being
conducted on the same dates. It is contended that the
Institute, where the petitioners were enrolled, as well
as the petitioners themselves had approached the
University with Annexure - H and Annexure-G
representations respectively dated 16.12.2024 and
18.12.2024, but that no action had been taken on the
representation and no reply was furnished by the
University. It is submitted that in view of the fact that
several students are taking both the B.com.,
examinations as well as the CA Foundation and
Intermediate Examination at the same time, such
students were put to great prejudice if the
examinations are conducted on the same dates.
Considering these contentions, the learned
Single Judge had directed re-scheduling of B.Com.,
Examination of the 1st, 3rd and 5th semester,
scheduled on 11.01.2025, 13.01.2025, 15.01.2025,
17.01.2025, 19.01.2025 and 21.01.2025 in view of
the schedule of the CA Foundation and Intermediate
Examination as indicated in the order.
Learned counsel appearing for the appellant
would submit that the schedule of the Examination
were intimated well in advance and that the
Examinations themselves were notified on
13.12.2024. It is submitted that about 35000 students
are taking B.Com., Examination conducted by the
Bangalore University and several more are appearing
for some of the papers which are common to other
disciplines as well. It is contended that the
examinations are ongoing from the 6th of January
2025 onwards and the Writ Petition was filed only on
09.01.2025. It is further submitted that the re-
scheduling of the examinations at the instance of only
5 students is detrimental to the interests of thousands
of students, who are unrepresented and is completely
unwarranted.
NC: 2025:KHC:1375-DB
WA No. 45 of 2025 &
It is further contended that the Apex Court in
several decisions has specifically held that it is not for
the Constitutional Courts to consider the question as
to the conduct of examinations and that would come
within the realm of policy and it is for the University to
consider when the examinations are to be conducted
and whether they are to be scheduled taking note of
other examinations being taken by the students also.
It is contended by the learned counsel for the
appellant that in respect of petitioners No.4 and 5,
there is absolutely no overlapping at all, since the
examinations conducted by the Institute of Charted
Accountants of India (ICAI) are being conducted from
2.00 p.m. to 5.00 p.m., and that the examinations of
the University are scheduled from 9:30 a.m. to 12.00
noon.
It is further submitted that as far as 1st
petitioner is concerned, there is overlapping of the
dates of the examinations only on 17th, 19th and 21st
of January, 2025, but the timings are different.
However, she did not appear for the examinations
conducted on 10th of January, 2025, even though
there was absolutely no overlapping. It is submitted
that therefore, she will have to repeat the
examinations along with the next semester
examinations and that there is no other prejudice
being caused to even those of the petitioners whose
dates as well as time of the examinations are
overlapping.
Learned Government Advocate appearing for
the respondent - State would submit that the
Government is only a formal party to the proceedings
and it is for the University to take appropriate decision
as to the date of conduct of the Examinations.
Having considered the contentions advanced,
we are of the opinion that it would have been proper
for the University to consider the representations, if
any, received by respondents No.1 to 5 them and
- 10 -
NC: 2025:KHC:1375-DB
WA No. 45 of 2025 &
issue an endorsement to them. However, the fact that
they did not, cannot in our view, stand in the way of
the settled legal position that it is not for the
Constitutional Courts to consider the request with
regard to schedule of the examinations which is a
matter which falls completely within the discretion of
the University. We are of the opinion that the direction
to reschedule the examinations, that too, at the
instance of five students, was not a proper exercise.
We are therefore, inclined to issue an order of stay of
the interim order passed by the learned Single Judge
dated 10.01.2025. The examinations scheduled to be
conducted by the appellant on 13.01.2025 and
thereafter shall proceed as scheduled."
3.2. It was further directed that the appellant-University shall take
appropriate steps to see that the examinations are conducted as
per the schedule and that, wide publicity in print and electronic
media is given to avoid any confusion amongst the students.
4. Learned advocate Mr. Siddharth Padmaraj Desai for the
appellant stated that pursuant to the aforesaid order dated
12.01.2025, all the examinations of B.Com degree are being
conducted by the University.
5. The interim order granted in this appeal has worked out for
itself. As the examinations are conducted, nothing would survive in
this appeal. The appeal stands disposed of in terms of the interim
order, making it final.
- 11 -
NC: 2025:KHC:1375-DB
WA No. 45 of 2025 &
6. The principal prayer in the main writ petition was to direct
respondent No.1-University to reschedule B.Com examinations for
the subjects concerned which were still to be conducted as notified
under the Notification dated 13.12.2024. The alternative prayer
made was to direct the University to make provision to enable the
petitioners to take up their B.Com examinations. It was yet another
prayer to direct respondent No.2-the Registrar (Evaluation) to
decide the representation dated 18.12.2024 of the petitioners in
which the very grievance was raised.
7. Noticing the pleadings and the prayers of the petition, they
pertain to conduct of the examinations for the academic year 2024-
25. Even in the representation (Annexure-G, page 83), the
rescheduling of the current year examination was requested.
8. In the aforesaid view, nothing survives in the writ petition
also. The writ petition is accordingly disposed of as not surviving.
9. Accordingly, both the writ appeal and the writ petition are
disposed of.
- 12 -
NC: 2025:KHC:1375-DB
WA No. 45 of 2025 &
10. Registry is directed to notify the formal listing of the Writ
Petition No.269 of 2025 today on Board before this Court in view of
disposal of the said petition as provided in this order.
11. At this stage, learned advocate for the appellant submits that
the University should consider the grievance of the students that
the University examination and the other examinations often clash
to deprive them for competing in the professional examination and
therefore such situation should be avoided. It is hoped that the
University shall consider the aspect in proper light in the interest of
students.
SD/-
(N. V. ANJARIA)
CHIEF JUSTICE
SD/-
(M.I.ARUN)
JUDGE
VMB
