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B. Harisha and Others Vs. Visveshwaraiah, Represented by the Registrar and Others - Court Judgment

LegalCrystal Citation
CourtKarnataka High Court
Decided On
Case NumberWrit Petition Nos. 28825-28851 of 2016 (EDN-EX)
Judge
AppellantB. Harisha and Others
RespondentVisveshwaraiah, Represented by the Registrar and Others
Excerpt:
...../b.tech. (regular and lateral entry)b. arch (regular)2006-072013-142016-17 and 2017-18 two yearsjuly,20182007-082014-152008-092015-162009-102016-172017 18 and 2018 - 19july,20192.b.e./b.tech. (only lateral entry2010-112015-162016-17 and 2017-18july,2018 6. in view of the aforesaid reasons, the writ petitions are allowed in so far as petitioner nos. 1 to 4, 6, 7, 9, 11 and 15 to 27. they are entitled to the relief sought for. respondents are directed to announce the result of these petitioners and permit them to complete their course on or before july 2018-19, in accordance with law. 7. in so far as petitioner nos. 5, 8, 10, 12, 13 and 14 are concerned, the notification issued by the university dated 27.10.2016 is not applicable to them. hence, it is open for the petitioner.....
Judgment:

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the circular dated 6.4.2016 issued by the r-1 Vide Annex-F as the same is violative of Articles 14, 16 and 19 of the Constitution of India; direct the R-1 to permit the petitioners to appear for examination in relation to the respective backlog subjects to be held during May/June/July 2016 and further direct the respondents to declare the results of said examinations and etc.,)

1. All the petitioners who have been admitted to B.E. Course in the various colleges of Engineering in the year 2003-04, 2004-05, 2005-06, 2006-07, 2007-08, 2008-09 are before this Court for a writ of certiorari to quash the Circular bearing No.VTU/Aca/Gen/2016-17/136 dated 06.04.2016 issued by the first respondent and also for writ of mandamus directing the respondent No.1 to permit the petitioners to appear for examinations in relation to the respective backlog subjects to be held during May/June/July 2016 and further direct the respondents to declare the results of the said examinations.

2. It is the case of petitioners that except petitioner Nos.5, 8, 10, 12, 13 and 14, they have joined the course in the year 2006-07, 2007-08, 2008-09 and 2009-10 and the duration of the course was 8 years as provided under Regulation OB 6.2 of the regulations framed by the respondents. Petitioner Nos.5, 8, 10, 12, 13 and 14 are said to have joined the Course during the year 2003-04, 2004-05 and 2005-06. The first respondent issued the notification dated 14.09.2015 permitting the students admitted during the different academic years to appear for the examination to be held during December 2015/January 2016 and May/June/July 2016. Subsequently, the respondent issued notification dated 06.04.2016 directing all the Principals of Engineering Colleges affiliated to it, not to permit any of the students who have completed the maximum duration of course either to attend the classes or to fill examination forms. Therefore, the petitioners are before this Court seeking for the relief as sought for.

3. This Court by an interim order dated 17.05.2016 while issuing notice to the respondents directed the respondents to receive the examination fee from the petitioners and allow them to appear for the ensuing examination, subject to the result of writ petitions and also directed the respondents not to declare the result without leave of the Court.

4. Today, Sri Santosh S. Nagarale, learned counsel for the respondent No.1 filed a memo alongwith the notification dated 27.10.2016 which discloses that the University after due discussion and consultation and in the interest and welfare of the students, has issued notification dated 27.10.2016 and has resolved to provide two additional years to UG students and one additional year to the PG students and has extended the maximum duration by two years to complete the course for the students who have been admitted from the academic year 2006-07 onwards in UG course and 2009-10 in PG course respectively. But in the present case, petitioner Nos.5, 8, 10, 12, 13 and 14 was admitted to the Engineering Course in the year 2003-04, 2004-05 and 2005-06. Therefore, the said notification is not applicable to them. In so far as petitioner Nos.1 to 4, 6, 7, 9, 11 and 15 to 27, they are entitled to complete the course on or before July 2018-19.

5. The notification dated 27.10.2016, Table No.1 reads as under:

Sl. No.ProgrammeYear of admissionYear of Completionof

Maximum

Duration

Additional years of benefit grantedLast Exam permitted to complete the Degree without any arrears
1.
  1. B.E. /B.Tech. (Regular and Lateral Entry)
  2. B. Arch (Regular)
2006-072013-142016-17 and 2017-18 two yearsJuly,2018
2007-082014-15
2008-092015-16
2009-102016-172017 18 and 2018 - 19July,2019
2.B.E./B.Tech. (Only Lateral Entry2010-112015-162016-17 and 2017-18July,2018
6. In view of the aforesaid reasons, the writ petitions are allowed in so far as Petitioner Nos. 1 to 4, 6, 7, 9, 11 and 15 to 27. They are entitled to the relief sought for. Respondents are directed to announce the result of these petitioners and permit them to complete their course on or before July 2018-19, in accordance with law.

7. In so far as petitioner Nos. 5, 8, 10, 12, 13 and 14 are concerned, the notification issued by the University dated 27.10.2016 is not applicable to them. Hence, it is open for the petitioner Nos.5, 8, 10, 12, 13 and 14 to approach the respondent authorities by way of representation to permit them to take examination in respect of the subject in which they have failed in the Engineering Course. If such representation is made, the respondent authorities shall consider the representation and pass orders in accordance with law.


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