Sri Suhas K G vs Karnataka State Law University on 20 February, 2024

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Karnataka High Court

Sri Suhas K G vs Karnataka State Law University on 20 February, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                         -1-
                                                                         NC: 2024:KHC:7091
                                                                      WP No. 5037 of 2024
                                                                  C/W WP No. 5207 of 2024
                                                                      WP No. 5256 of 2024


                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                                 DATED THIS THE 20TH DAY OF FEBRUARY, 2024
                                                      BEFORE
                                  THE HON'BLE MR JUSTICE RAVI V HOSMANI
                                  WRIT PETITION NO. 5037 OF 2024 (EDN-EX)
                                                        C/W
                                  WRIT PETITION NO. 5207 OF 2024 (EDN-EX)
                                 WRIT PETITION NO. 5256 OF 2024 (EDN-RES)
                          IN W.P.NO.5037/2024:
                          BETWEEN:
                                B. SARAVANA NATHAN,
                                S/O BALASUBRAMANIAN,
                                AGED ABOUT 59 YEARS,
                                R/AT NO.205, I.N.T.U.COLONY,
                                ARSARADI MADURAI,
                                TAMIL NADU - 625 016,
                                PH: 9843466420.

                                                                            ...PETITIONER
                          (BY SRI SUDARSHAN A.M., ADVOCATE)
                          AND:
                          1.    THE STATE OF KARNATAKA,
                                DEPARTMENT OF EDUCATION,
Digitally signed by             VIDHANA SOUDHA,
GEETHAKUMARI                    DR. B.R.AMBEDKAR ROAD,
PARLATTAYA S
                                BENGALURU - 560 001.
Location: High Court of
Karnataka
                          2.    INDIRA PRIYADARSHINI COLLEGE OF LAW
                                ATTUR POST, YELAHANKA NEW TOWN,
                                BENGALURU-560064.

                          3.    THE REGISTRAR,
                                KARNATAKA STATE LAW UNIVERSITY,
                                NAVA NAGARA, HUBLI-580 025.

                                                                         ...RESPONDENTS
                          (BY SRI PRINCE ISAAC, AGA FOR R1;
                              V/O DATED 20.02.2024 NOTICE TO R2 IS DISPENSED WITH;
                              SRI GIRISH KUMAR R., ADVOCATE FOR R3)
                               -2-
                                              NC: 2024:KHC:7091
                                           WP No. 5037 of 2024
                                       C/W WP No. 5207 of 2024
                                           WP No. 5256 of 2024


     THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO A) DIRECTING THE R2 AND
R3 TO CONSIDER ANNEXURE-D1 TO D2 REPRESENTATION REQUEST
MADE BY THE PETITIONER TO THE R2 AND R3 WITHIN SPECIFIED
PERIOD. B) DIRECTING THE R2 AND R3 TO ISSUE A APPLICATION
TO PETITIONER AS PER ANNEXURE-C1 TO C4 THE NOTIFICATION
ISSUED BY THE R3 BEARING NO. KSLU/EXAM/2023-24/2226 DATED
08/02/2024 UNDER GOLDEN CHANCE PROVISION AND ETC.,


IN W.P.NO.5207/2024:
BETWEEN:
     SRI DADAPEER,
     S/O B.A. AHAMED,
     AGED ABOUT 39 YEARS,
     R/AT LABOUR UNION OFFICE ROAD,
     BEHIND RAILWAY STATION,
     SHANTHI NAGAR,
     TUMAKURU - 572 102.

                                                 ...PETITIONER
(BY SRI FAYAZ SAB B.G., ADVOCATE)
AND:
1.   THE VICE CHANCELLOR,
     KARNATAKA STATE LAW UNIVERSITY,
     NAVANAGAR, HUBLI-580025.

2.   THE REGISTRAR (EVALUATION),
     KARNATAKA STATE LAW UNIVERSITY,
     NAVANAGAR, HUBLI - 580 025.

3.   THE PRINCIPAL,
     VIDYODAYA LAW COLLEGE,
     TUMAKURU - 572 102.

                                              ...RESPONDENTS
(BY SRI GIRISH KUMAR, ADVOCATE FOR R1 & R2;
    V/O DATED 20.02.2024 NOTICE TO R3 IS DISPENSED WITH)
      THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITTUTION OF INDIA, PRAYING TO DIRECTING THE
RESPONDENT NO.1 TO PERMIT THE PETITIONER HEREIN FOR
PAYMENT OF THE EXAMINATION FEE WITH PENALTY OF RS.100/- ON
22.02.2024 TO APPEAR FOR THE ENSUING EXAMINATION, WHICH IS
                             -3-
                                              NC: 2024:KHC:7091
                                           WP No. 5037 of 2024
                                       C/W WP No. 5207 of 2024
                                           WP No. 5256 of 2024


TENTATIVELY SCHEDULED TO BE HELD FROM 21.03.2024 FOR FIVE
YEARS LLB DEGREE COURSE IN LAW.
IN W.P.NO.5256/2024:
BETWEEN:
     SRI SUHAS K.G.,
     S/O K.V. GOPAL,
     AGED ABOUT 37 YEARS,
     R/A NO.15/4, KANAKAPURA ROAD,
     BASAVANAGUDI,
     BENGALURU - 560 004.

                                                 ...PETITIONER
(BY SMT. ARCHANA K.M., ADVOCATE)
AND:
1.   KARNATAKA STATE LAW UNIVERSITY,
     NAVANAGAR, HUBBALLI-580 025,
     REP. BY ITS VICE CHANCELLOR.

2.   REGISTRAR (EVALUATION),
     KARNATAKA STATE LAW UNIVERSITY,
     NAVANAGAR, HUBBALLI - 580 025.

3.   BMS COLLEGE OF LAW,
     BULL TEMPLE ROAD,
     BASAVANAGUDI,
     BANGALORE - 560 019.

                                              ...RESPONDENTS
(BY SRI GIRISH KUMAR, ADVOCATE FOR R1 & R2;
    V/O DATED 20.02.2024 NOTICE TO R3 IS DISPENSED WITH)
      THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASHING CLAUSE 11 OF
NOTIFICATION DATED 08.02.24 BEARING NO.KSLU/EXAM/2023-
24/2226 ISSUED BY R1 AND R2 AT ANNEXURE-D. DIRECTING THE
RESPONDENTS PERMIT THE PETITIONER TO FILL AND SUBMT
APPLICATION, REMIT THE FEES AND APPEAR IN THE EXAM FOR THE
SUBJECT CLINICAL COURSE-I PROFESSIONAL ETHICS AND
PROFESSIONAL ACCOUNTING SYSTEM (SUBJECT CODE-2055)


      THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING
IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
                                -4-
                                                 NC: 2024:KHC:7091
                                              WP No. 5037 of 2024
                                          C/W WP No. 5207 of 2024
                                              WP No. 5256 of 2024


                            ORDER

Learned counsel for petitioners submit that subject

matter of all these writ petitions are similar, hence they may be

taken up together for disposal.

2. Sri Sudharshan A.M., Sri Fayaz Sab B.G. and

Smt.Archana K.M., learned counsel for petitioners in respective

writ petitions submitted that petitioners in W.P.no.5037/2024

and W.P.no.5256/2024 were students of 3 year LL.B. Course;

whereas, petitioner in W.P.no.5207/2024 was student of five

year LL.B. Course. It was submitted that as per University

Regulations, petitioners were required to complete Course

within double the duration of Course. However, taking note of

COVID-19 Pandemic, respondent no.1 – KSLU had issued

Circular dated 01.09.2023 granting one more opportunity for

completing Course to students who had taken admission from

year 2009 upto 2014, in case of three year LL.B. Course and

from year 2009 upto 2011, in case of 5 year LL.B. Course.

3. It was submitted that petitioners in respective

petitions had passed in most of subjects and that petitioners in

W.P.no.5256/2024 and W.P.no.5037/2024 were having one

backlog subject while petitioner in W.P.no.5207/2024 had three
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WP No. 5037 of 2024
C/W WP No. 5207 of 2024
WP No. 5256 of 2024

backlog subjects. It was submitted, if petitioners were provided

with one more opportunity, they would clear all backlog

subjects and Complete Course. It is also submitted that next

ensuing Examinations were scheduled to be commence from

21.03.2024 and for which last date for payment of Examination

fee with penalty was 22.02.2024 and therefore seek for

expeditious disposal of writ petition.

4. On other hand, Sri Girish Kumar R., learned counsel

for KSLU sought to rely on following authorities:

i) R Manoharan Vs. The Karnataka State Law
University in W.A.No.1151/2018.

ii) Sithartha Sankar Vs. and Others Vs. Karnataka
State Law University and others reported in
W.P.no.49427-49430/2017(EDN-EX).

iii) Sri N Sivaganesan Vs. The Karnataka State Law
University and Others in W.P.no.5344/2023.

5. At outset, it was submitted that insofar as 5 year

LL.B Course outer limit for completion of Course was not twice

duration of Course, but was 5+2 years as per KSLU Statute and

UGC Regulation. As none of petitioners had completed Course

within outer limit stipulated, all petitioners were on par insofar

as relief sought.

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NC: 2024:KHC:7091
WP No. 5037 of 2024
C/W WP No. 5207 of 2024
WP No. 5256 of 2024

6. It was submitted, petitioners were not entitled to

approach this Court for grant of opportunity for passing

Examination beyond duration for completion of Course, as

same would be within exclusive jurisdiction of University. It was

further submitted that matter of providing one more

opportunity to failed students would require to be placed before

Syndicate of University and only on its recommendation,

opportunity could be granted. It was however submitted that,

in case petitioners were to submit representations, same would

also be placed before Syndicate for consideration and necessary

action in pursuance of same would be taken only after receipt

of resolution of Syndicate. It was further submitted that

question of permitting petitioners to pay Examination fee and

appear for Examinations would arise only if resolution of

Syndicate favours petitioners and until then petitioners were

not entitled for any indulgence. On above submissions, learned

counsel sought for dismissal of writ petition.

7. Heard learned counsel and perused writ petition

record.

8. From above submission, it would appear that

petitioners have failed to complete 3 Year / 5 Year LL.B. Course

i.e. pass in all subjects of said Course within outer limit
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WP No. 5037 of 2024
C/W WP No. 5207 of 2024
WP No. 5256 of 2024

stipulated in Regulations. Though petitioners are seeking for

grant of additional opportunity, Division Bench of this Court in

W.A.no.1151/2018 disposed of on 11.06.2018 has held writ

petition seeking such relief would not be tenable. It was further

submitted that in W.P.no.5344/2023 and connected matters

disposed of on 23.03.2023, only relief granted by this Court

was reserving liberty to submit representations to KSLU and

directing it to consider them leniently on sympathetic grounds.

9. In view of above, it would be appropriate to dispose

of present writ petitions also, permitting petitioners to submit

representations to KSLU, if not already submitted within one

week from today, with a direction to KSLU to place

representations before Syndicate for expeditious, sympathetic

and lenient consideration and thereafter take appropriate action

in terms of such recommendation without delay.

10. With above observations writ petitions are disposed

of.

Sd/-

JUDGE

PSG
List No.: 1 Sl No.: 16

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