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Karnataka High Court
Sri. Dadapeer vs The Vice Chancellor 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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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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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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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