Gaurav. V. Suvarna vs The Registrar on 28 January, 2020

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Karnataka High Court

Gaurav. V. Suvarna vs The Registrar on 28 January, 2020

Bench: P. B. Bajanthri

                             1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 28TH DAY OF JANUARY, 2020

                         BEFORE

       THE HON'BLE MR. JUSTICE P. B. BAJANTHRI

     WRIT PETITION NO.22121 OF 2019 (EDN-EX)
Between:
Gaurav V Suvarna,
Aged about 28 years,
S/o Viswanath A Suvarna,
No.7-B-1, Chimmihils,
Air Course Road,
Hesaraghatta Main,
Chikkabanavara Post,
Bangalore - 560 090.
                                                ...Petitioner
(By Sri.Manohar N., Advocate)

And:

1.     The Registrar,
       Visvesvaraya Technological University,
       "Jnana Sangama",
       Belagavi - 590 018.

2.     The Principal,
       HKBK College at Engineering,
       Nagavara Near Manyatha Tech Park,
       Bangalore - 560 045.
                                          ...Respondents
(By Sri.Santosh S Nagarale, Advocate for R1;
    R2 served but unrepresented)
                                     2

      This Writ Petition is filed under Articles 226 and
227 of the Constitution of India praying to direct the
respondent/university to permit the petitioner to take up
the examination of 7th Semester and Backlog subjects of
5th and 6th Semesters of Engineering Course of the
petitioner to appear for the ensuring examination to be
held during June/July 2019 by accepting the
examination fee of their particular subjects.

      This Writ Petition coming on for Preliminary
Hearing in 'B' Group, this day, the Court made the
following:-

                              ORDER

In the instant petition, the petitioner has sought for the following reliefs:

a) Issue a writ of mandamus of any other writ or direction, directing the Respondent-University to permit the petitioner to take up the examination of 7th semester and backlog subjects of 5th and 6th semesters of Engineering Course of the petitioner to appear for the ensuring examination to be held during June/July 2019 by accepting the examination fee of their particular subjects.

b) Pass any such other order/s and grant relief that this Hon'ble Court may deem fit on the facts and circumstances of the case with 3 exemplary costs in the interest of equity and justice.

2. The petitioner had the benefit of interim order dated 14.01.2020 to write examinations for the 5th and 6th Semester of Mechanical Engineering Course (Backlog Subjects) and 7th Semester which is said to have been commenced from 17.01.2020. Due to lack of communication of order dated 14.01.2020, the petitioner could not appear for the examination, which was held on 17.01.2020. In respect of other examinations, the petitioner said to have written.

3. In this backdrop, the only grievance of the petitioner is to issue writ of mandamus directing the respondents to give permission to take up examinations for the aforesaid semesters. Therefore, the petitioner is hereby directed to submit a detailed representation in respect of his grievance within period of one week. On receipt of such representation, concerned competent authority is directed to take decision in respect of 4 petitioner's grievance and proceed in accordance with law by passing a speaking order and communicate the same to the petitioner at the earliest.

Accordingly, petition stands disposed of.

Sd/-

JUDGE SB

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Karnataka High Court