Citation : 2026 Latest Caselaw 2945 Kant
Judgement Date : 6 April, 2026
-1-
NC: 2026:KHC:18445
WP No. 18239 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 18239 OF 2025 (EDN-RES)
BETWEEN:
MISS FILSIYA PHILOMINA
D/O. SHYJU P J
AGED ABOUT 20 YEARS,
R/AT. PUTHUANAGADY,
MUNDAKUTTY, KUPPADITHARA,
WAYANAD,
KERALA - 670 645.
...PETITIONER
(BY SRI. VENKATESH DALAWAI, ADVOCATE FOR
SRI. VIVEKANANDA N., ADVOCATE)
AND:
1. KARNATAKA STATE LAW UNIVERSITY (KSLU)
EDUCATIONAL UNIVERSITY
Digitally signed SUTAGATTI ROAD, NAVANAGAR,
by CHAYA S A HUBBALLI,
Location: HIGH DARWAD - 580 025,
COURT OF REPRESENTED BY AUTHORIZED SIGNATORY.
KARNATAKA
2. CHRIST ACADEMY INSTITUTE OF LAW
EDUCATIONAL INSTITUTE,
CHRIST NAGARA, HULLAHALLI,
BEGURU, KOPPA ROAD, SAKALAWARA POST,
BENGALURU - 560 083,
REPRESENTED BY ITS PRINCIPAL.
...RESPONDENTS
(BY SRI. GIRISH KUMAR R., ADVOCATE FOR R1
SRI. M.P. SRIKANTH, ADVOCATE FOR R2)
-2-
NC: 2026:KHC:18445
WP No. 18239 of 2025
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE 2ND RESPONDENT TO ISSUE HALL
TICKET TO THE PETITIONER AND PERMIT HER TO TAKE UP HER
EXAMS ON JUNE 27, 2025 i.e., LAW OF CRIME, JULY 5, 2025
i.e., INTERNATIONAL BUSINESS, JULY 11, 2025 i.e.,
FINANCIAL MANAGEMENT, AND JULY 14, 2025 i.e., CONTRACT
I AS PER ANNEXURE-Q AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the parties.
2. In this Writ Petition, the petitioner has sought
for issuance of writ of mandamus to the respondent No.2-
College to issue hall ticket to take up examination on
27.06.2025 as per Annexure-Q inter alia sought for
direction to the respondent No.2-College to promote the
petitioner for her next academic year i.e., third year BBA,
LL.B.(2025-26).
3. Sri. Venkatesh Dalawai, learned counsel
appearing for the petitioner contended that, the petitioner
NC: 2026:KHC:18445
HC-KAR
was unable to attend the class due to ill-health and was
not able to maintain the attendance properly despite
having the percentage of more than 65.7% on the last
working day. It is also submitted that, pursuant to the
interim order granted by this Court, the petitioner was
permitted to take examination as per Annexure-Q to the
petition and she has passed in the said examination. It is
further submitted that as the respondent No.2-College
permitted for exemption from filing remedials as per
Annexure-H, learned counsel for the petitioner urged that,
this Court to consider the medical certificate (Annexure-K)
sympathetically and accordingly sought for a direction to
the respondent No.1-University to consider the case of the
petitioner on equitable consideration. In this regard, the
learned counsel appearing for the petitioner places
reliance on the judgment of this Court in Writ Petition
No.59707/2015 disposed of on 24.01.2023.
4. Per contra, Sri. Girish Kumar R., learned
counsel appearing for the respondent No.1-University and
NC: 2026:KHC:18445
HC-KAR
Sri. M.P. Srikanth, learned counsel appearing for the
respondent No.2-College opposed the petition on the
ground that as the petitioner is having the shortage of
attendance, the prayer made in the writ petition cannot be
accepted.
5. In the light of the submissions made by the
learned counsel appearing for the parties, I have carefully
examined the writ papers particularly with respect to
Annexure-K, wherein the petitioner suffered severe
medical problem in the abdomen and pelvis regions. It is
also to be noted from Annexure-H that the respondent
No.2-College allowed and exempted the petitioner from
filing of the remedials by the petitioner. It is also to be
noted that, this Court vide order dated 24.06.2025,
allowed the petitioner to take up the examination for the
academic year 2024-25. It is also to be noted that, the
petitioner herein has repeated the IV Semester BBA, LL.B.
and passed in the said examination and the V semester
results are yet to be announced.
NC: 2026:KHC:18445
HC-KAR
6. Taking into consideration the fact that the
petitioner is having severe medical problem and the fact
that the petitioner had maintained attendance to the
extent of 62.95% and considering the case of the
petitioner in the factual circumstance, has to be taken into
consideration under the exceptional circumstances and
therefore, the judicial review requires to be exercised in
academic matters to ensure justice, especially when the
student has completed the course and passed required
examination despite having shortage in attendance as
stated by this Court in the aforementioned writ petition. It
is to be considered that since the present order has been
passed by looking into the attending circumstances under
which the petitioner was not able to attend the class on
medical grounds, this order cannot be considered as a
precedent for any other case as such.
7. In that view of the matter, I find force in the
submission made by the learned counsel appearing for the
petitioner. Accordingly, I pass the following:
NC: 2026:KHC:18445
HC-KAR
ORDER
i) Writ Petition is allowed.
ii) The respondent No.2-College is directed to announce the results of the petitioner insofar as the repeated IV semester BBA, LL.B. for the academic year 2024-25 and the result of the III year BBA. LL.B., academic year 2025-26 as well as the V Semester results of the petitioner forthwith.
SD/-
(E.S.INDIRESH) JUDGE
KLV List No.: 2 Sl No.: 54
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