Karnataka High Court
Sri. Chintamani Shankar Sawant vs The State Of Karnataka on 17 September, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:38113
WP No. 19817 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 19817 OF 2024 (EDN-RES)
BETWEEN:
SRI. CHINTAMANI SHANKAR SAWANT
S/O. SHANKAR SAWANT,
AGED ABOUT 23 YEARS,
OCCUPATION STUDENT,
PURSUING B. TECH IN AEROSPACE ENGINEERING,
BMS COLLEGE OF ENGINEERING,
R/AT NO. A6, AMIT ANAND CHS,
GEN A.K. VAIDYA MARG,
PAANCH PAKHADI, THANE (W),
MAHARASHTRA-500 602.
...PETITIONER
(BY SRI. CHETAN JADHAV.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
HIGHER EDUCATION DEPARTMENT,
Digitally signed REPRESENTED BY ITS SECRETARY,
by M.S. BUILDING,
LEELAVATHI S
R BENGALURU-560 001.
Location: HIGH
COURT OF 2. BMS COLLEGE OF ENGINEERING
KARNATAKA BULL TEMPLE ROAD, BASAVANAGUDI,
BENGALURU-560 019,
REPRESENTED BY ITS CHAIRMAN.
3. THE REGISTRAR
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, VTU MAIN ROAD,
MACCHE, BELAGAVI-590 018,
REPRESENTED BY ITS VICE CHANCELLOR.
...RESPONDENTS
(BY SRI. C.H. JADHAV, SENIOR COUNSEL APPEARING
SRI. CHETAN JADHAV.,ADVOCATE)
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NC: 2024:KHC:38113
WP No. 19817 of 2024
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE
CONCERNED AUTHORITIES OF RESPONDENT-2 COLLEGE TO
CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER'S
FATHER DATED 24/08/2023 VIDE ANNEXURE-F AND TO GIVE
READMISSION TO THE PETITIONER TO CONTINUE HIS STUDIES IN
THE 7TH AND 8TH SEMESTER OF HIS B.TECH AEROSPACE
ENGINEERING COURSE, DECLARE THE RESULTS AND ALLOW HIM
TO APPEAR / ATTEND THE EXAMS TO CLEAR HIS BACKLOGS.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
A. Issue a writ in the nature of Mandamus directing the concerned authorities of Respondent-2 College to consider the representation given by the petitioner's father dated 24/08/2023 vide ANNEXURE-F and to give readmission to the petitioner to continue his studies in the 7th & 8th Semester of his B.Tech Aerospace Engineering course, declare the results and allow him to appear / attend the exams to clear his backlogs.
B. Respondent No.2 College Authorities have illegally confiscated petitioner's personal belongings, original Pan card, original Aadhar card, Debit card (4nos), 2 Cellphones (2nos Samsung make) 2 Laptops (Acer & HP) and ACT Router, Apple I-pad (64 GB 4th Gen-3 years Old) Apple I-pod and wallet from his PG room and 1 Jacket. The petitioner has now been cleared of all wrongdoings as per acknowledgment given by the police vide ANNEXURE-C. Hence, Respondent-2 authorities may be directed to return all the items they have confiscated from the petitioner.-3-
NC: 2024:KHC:38113 WP No. 19817 of 2024 C Grant such other relief / reliefs that this Hon'ble Court may deem fit to grant in the circumstances of the case, in the interest of justice and equity.
2. Heard learned Senior Counsel for the petitioner, learned counsel for respondent No.2 and learned AGA for respondent No.1 and perused the material on record.
3. A perusal of the material on record will indicate that pursuant to complaint in Crime No.362/2022 alleged against the petitioner and his father by respondent No.2-College on 30.12.2022, investigation was commenced for the offence punishable under Sections 380, 506 read with Section 34 of IPC, which ultimately culminated in 'B' report dated 03.08.2023 exonerating the petitioner and his father for the offences alleged against them. Subsequently, the petitioner's father submitted a representation to respondent No.2-College requesting them to restore/reinstate and attend the College and complete his studies. Since respondent No.2 did not take any action in this regard, the petitioner is before this Court by way of the present petition.
4. Learned counsel for respondent No.2 fairly submits that respondent No.2 has not challenged the aforesaid 'B' report dated 03.08.2023 till today. It is further submitted that the petition -4- NC: 2024:KHC:38113 WP No. 19817 of 2024 may be disposed of permitting the petitioner to get re-admitted to respondent No.2-College by reserving liberty in favour of respondent No.2 to take recourse to such remedies as available in law as against the petitioner.
5. In view of the aforesaid facts and circumstances and submissions made on behalf of respondent No.2 - College, without prejudice to the rights and contentions of respondent No.2 to take recourse to such remedies as available in law against the petitioner subject to all just exceptions and defences available to the petitioner, respondent No.2 - College is directed to re-admit/ re-instate the petitioner into respondent No.2-College for 7th semester immediately upon receipt of copy of this order.
6. Liberty is also reserved in favour of both parties to take recourse to such remedies as available in law subject to all just exceptions and defences available to them.
With the aforesaid observations, petition is disposed of. Ordered accordingly.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 10