Karnataka High Court
Alakesh Priyam Saikia vs State Of Karnataka on 24 April, 2018
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Dated this the 24th day of April, 2018
Before
THE HON'BLE DR JUSTICE VINEET KOTHARI
Writ Petition No.10852 of 2018 (EDN-EX)
Between
Alakesh Priyam Saikia
S/o Jagat Saikia Ageol
Aged about 22 years
R/at. 8th Main, 10th Cross
Kumaraswamy Layout
Bangalore-560078.
... Petitioner
(By Mr. K.S. Rajesh Gowda, Advocate)
And
1. State of Karnataka
Principal Secretary
Higher Education Dept.
M.S. Building
Bangalore-560001.
2. The Vice-Chancellor
Vishwesaraiah Technological University
Jnana Sangama, Machhe
Belagavi, Karnataka-590018.
3. The Registrar
Vishwesaraiah Technological University
Jnana Sangama, Machhe
Belagavi, Karnataka-590018.
Date of Order 24-04-2018 W.P.No.10852/2018
Alakesh Priyam Saikia Vs. State of Karnataka & Ors.
2/16
4. The Principal
Dayanandasagar College of Engineering
Shavige Malleshwara Hills
Kumarswamy Layout
Bangalore-560078.
... Respondents
(By Ms. Pramodhini Kishan, AGA for R1
Mr. Santosh S. Nagarale, Advocate for R2 & R3
Mr. H.M. Muralidhar, Advocate for R4)
****
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to issue a writ in the
nature of mandamus or directing the Respondent No.2 and 3
to allow petitioner to sit for the 6th Semester classes and
write the exams of the 6th Semester vide Annexure-B dated
19/02/2018 & etc.
This Writ Petition coming on for Preliminary Hearing in
'B' Group, this day, the Court made the following:
ORDER
Mr. K.S. Rajesh Gowda, Advocate for Petitioner Ms. Pramodhini Kishan, AGA for R1 - State Mr. Santosh S. Nagarale, Advocate for R2 & R3 - VTU Mr. H.M. Muralidhar, Advocate for R4 - College
1. The petitioner, a student of Engineering Course, Mr. Alakesh Priyam Saikia S/o. Jagat Saikia Ageol has filed this writ petition in this Court on 07/03/2018 with the following prayers:-
Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.3/16
"a) Issue a writ in the nature of mandamus or directing the Respondent No.2 and 3 to allow petitioner to sit for the 6th Semester classes and write the exams of the 6th semester vide Annexure-B dated 19/02/2018 .
b) Allow petitioner to write the exams of 5th Semester in fast track without any further fees which is going to be held in the month of June and July 2018, for which he has already attended the class and wrote the internals Declare the results of the above mentioned semesters after its examinations at the earliest thereby allowing him to appear for higher semester examinations.
c) Grant any other relief this Hon'ble Court deems fit in the facts and circumstances of the case."
2. The earlier Writ Petition filed by the petitioner in Writ Petition No.56013/2017 (Alakesh Priyam Saikia Vs. State of Karnataka and others) came to be Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.
4/16disposed of by a learned Single Judge of this Court on 15/12/2017 with the following observations:-
"5. In the circumstances, petitioner is permitted to apply for challenge revaluation to the College and the respondent College would forward the said representation to the University forthwith. The University to consider the application for challenge revaluation in an expeditious manner having regard to the fact that the petitioner would have to appear for the Examination to be conducted in January 2018 and to declare results of the challenge revaluation to the petitioner. The petitioner to furnish a certified copy of this order to the fourth respondent Institute along with his application for challenge revaluation and also to the University.
6. Writ petition is disposed of in the aforesaid terms."
3. Upon issuance of Notices to the Respondents of this writ petition, the Respondent No.4 -
Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.
5/16Dayanandasagar College of Engineering has filed the Statement of Objections in this Court today.
4. The number of Examinations taken by the petitioner in the said B.E. Course and his passing of the various Semesters in a staggered manner is explained by the Respondent - College in the following paragraphs of the Statement of Objections which are quoted below for ready reference.
"2. It is respectfully submitted that the Petitioner made a representation dated 19- 02-2018 vide Annexure-B requesting to (a) allow him to attend the Sixth Semester examination and (b) allow him to write the Fifth Semester examination whenever possible. The 4th Respondent took the representation on record and informed him
(a) to attend Fifth Semester classes, achieve attendance criteria and take up Sixth Semester examination scheduled to be held in August 2018, (b) unless the Petitioner achieves eligibility criteria as per the Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.6/16
regulations, he will not be permitted to attend Sixth Semester classes and as the Institution has permitted the Petitioner to attend the Fifth Semester classes pending announcement of his First Semester, challenge re-valuation results, the results were announced in February 2018 and as by that time the Fifth Semester examination was over, the fee paid by him will be carried forward. The Petitioner without accepting the correct stand taken by the 4th Respondent, has made unnecessary rush to this Hon'ble Court praying for untenable relief. Hence, the petition is liable to be dismissed.
3. It is respectfully submitted that the Petitioner has admitted to engineering course in the year 2013. By then, the 4th Respondent College was not yet became autonomous institution. He took up First Semester examination conducted by the 2nd Respondent during January 2014. The results were announced in September 2014, in which, out of five courses he passed Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.
7/16only two courses. Again, he took supplementary examination held in
January 2016. The results of which was announced in July 2016, in which, he passed one subject out of three. Again, he took supplementary examination held in January 2017, the result of which was announced in July 2017, in which, he passed one subject out of two. Feeling aggrieved of the results, he approached this Hon'ble Court seeking challenge re-valuation. The same was granted. The results of which was announced in February 2018 declaring as 'PASSED'. Thus, he has completed all the subjects in First Semester course only when the last result was announced in February 2018. Copies of the statement of marks are produced as Annexure-R to R4 respectively.
4. 4th Respondent respectfully submits that in the meanwhile he was permitted to take up the Second Semester examination held in July 2014. The result of which was announced in September 2014. In the said Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.
8/16examination, he had failed in four courses. He took supplementary
examination held in the month of January 2015. The result of which was announced in April 2015, wherein, he passed one course out of three. He got re-admitted to second year in 2016. By that time, the 4th Respondent Institution had become autonomous (CBSC- Choice Based Credit System). Thus, the Petitioner got into autonomous scheme and studied second year i.e., Third & Fourth Semester. While getting into third year viz., Fifth Semester, as per VTU norms, he should have completed all course of first year. Since he had one course to clear from the first year to be able to get into third year, he was not permitted to attend third year course i.e., Fifth Semester. As stated above, the challenge re-valuation result was received in February 2018, by that time the Fifth Semester examinations were already over. 4th Respondent submits that subsequently, he passed one course i.e., Computer Concepts and C Programming in Second Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.
9/16Semester out of two subjects. Copies of the statement of marks of Second Semester examination are produced as ANNEXURE-R5 TO R7 respectively.
5. 4th Respondent respectfully submits that the Petitioner took up Third Semester examination, wherein, out of 25 credit points he has earned only 10 and carried forward 15 credit points with semester grade point average of 2.20. Again, he took supplementary examination and in which his semester grade point average is 6.36 and cumulative grade point average is 5.97. Copies of grade certificates are produced as ANNEXURE-R8 TO R9 respectively.
6. It is respectfully submitted that the Petitioner took Fourth Semester and semester grade point average is 2.60. A copy of which is produced as ANNEXURE- R10. A copy of the letter dated 09-08-2016 of the 4th Respondent and the permission granted by the 2nd Respondent for re- admission from VTU scheme to autonomous Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.
10/16scheme granted by the 2nd Respondent are produced as ANNEXURE-R11 TO R12 respectively. Copy of the Fifth Semester examination tentative timetable for the year 2017-18 is produced as ANNEXURE-R13."
5. Along with the said Statement of Objections filed by the Respondent - College, the learned counsel has produced the copies of the Marks Cards of the petitioner before this Court.
6. The learned counsels for Respondents - VTU and College have explained before the Court that the petitioner has been unable to clear all the three Papers of the I Semester of the B.E. Examination until February 2018, in which he initially appeared in Jan-
2014 vide Annexures R1 to R7 produced along with the Statement of Objections.
Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.
11/167. The Marks Sheets produced at Annexures R1 to R7 reveal that in the first attempt of the 1st Semester taken in Jan-2014, the present petitioner failed in five Subjects and passed in Three. In the said failed five Subjects, he again appeared in July-2014, but, failed in three Subjects again, and passed in two Subjects out of the said five failed Subjects. In the said three failed Subjects, he again appeared in Jan-2016 and passed in one Subject, but again failed in two Subjects. These two Subjects in which the petitioner failed in these four Attempts constantly were 'Engineering Physics' and 'Basic Electrical Engineering'. In these two Papers, he again appeared in Jan-2017 and passed only in the Subject, 'Engineering Physics' and failed again in 'Basic Electrical Engineering' in his 5th attempt.
8. Only as a result of Re-valuation directed by this Court by the aforesaid order dated 15/12/2017 quoted above, the petitioner could finally pass this Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.
12/16'Basic Electrical Engineering' Paper of I Semester in the Examinations conducted in June-Jul-2017 and the result of which was declared after revaluation only in the month of Feb-2018.
9. Meanwhile, the petitioner was allowed to study and take Examinations of Second and Third Semesters also, but the result of even the 3rd Semester vide Annexure R8 was also equally depressing. Vide Annexure R8, for the 3rd Semester of Aug-Dec-2016, the petitioner failed in 4 Subjects out of 8 Papers which he appeared. Out of all these 4 failed Subjects, he again appeared in Supplementary Examinations in June-
July-2017 vide Annexure R9 and passed two Subjects, viz. 1] Surveying-I and 2] Fluid Mechanics and for the 4th Semester of Session Jan-April -2017 vide Annexure R10, the petitioner again failed in four Subjects out of 8 Subjects, which he appeared in 4th Semester.
Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.
13/1610. The petitioner was allowed to sit in the classes for the 6th Semester during August 2017 to December 2017 and the fees for the 5th Semester was also taken by the Respondent - College but, he was not allowed to sit in the Examination because, by that time his 1st Semester was not entirely cleared by him since the Re-
valuation was declared only in the month of February 2018.
11. The petitioner in this writ petition has claimed that irrespective of the same, the petitioner should be allowed to take Fast Track Examination of the 5th Semester and also attend the classes for the 6th Semester.
12. The learned counsel for the Respondent College and the learned counsel for Respondent - VTU, submit that the same cannot be permitted.
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14/1613. Having heard the learned counsel for the parties and looking to the track record of the petitioner, this Court is of the opinion that no misplaced sympathy or lenient view deserves to be taken in the present case in favour of the petitioner.
14. The manner in which the petitioner has constantly failed in half of the Subjects of each Semester almost and in the staggered manner in Re-
valuation and Supplementary Examinations and has passed these Papers with great difficulty, he cannot be permitted to keep on taking the Examinations for the next Sessions without first clearing the initial Semesters to the satisfaction of the Respondents in accordance with the Rules.
15. The unnecessary and premature jumping of the petitioner to the next Semesters without proper foundation may cause him more harm than good.
Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.
15/16Therefore, the prayers made in the present writ petition do not deserve to be granted to the petitioner.
16. As contended by the learned counsel for the Respondents, the petitioner - student should undertake the Classes of the 5th Semester again, but as fairly submitted by the learned counsel for the Respondents, the fees for the Examination of 5th Semester need not be paid again by the petitioner and he is free to appear in the Examination of the 5th Semester in coming Aug-
2018 and after taking the regular Classes for the 6th semester, he can appear in that Examination of 6th Semester as well later on.
17. The submission made by the learned counsel appearing for the Respondents appear to be just, fair and reasonable and therefore, this Court does not find any merit in this writ petition.
Date of Order 24-04-2018 W.P.No.10852/2018 Alakesh Priyam Saikia Vs. State of Karnataka & Ors.
16/1618. Accordingly, the present writ petition is liable to be dismissed. Accordingly, it is dismissed. No order as to costs.
Sd/-
JUDGE BMV*