Kumari Nikhita vs The Principal & Ors on 19 March, 2020

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Karnataka High Court

Kumari Nikhita vs The Principal & Ors on 19 March, 2020

Bench: Krishna S.Dixit

         IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

     DATED THIS THE 19TH DAY OF MARCH, 2020

                          BEFORE

     THE HON'BLE MR.JUSTICE KRISHNA S.DIXIT

              WP NO.205739/2019 (EDN, EX)
Between:

Kumari Nikhita D/o. Narasappa Shivapnor,
Aged about 20 years, Occ: Student,
R/o. Mantal, Tq: Basavakalyan,
Dist. Bidar-585 327.
                                                 ... Petitioner
(By Sri.S.S.Mamadapur, Advocate)

And:

1.     The Principal,
       Bheemanna Khandre
       Institute of Technology,
       Bhalki-585 328, Dist. Bidar.

2.     The Registrar (Evaluation),
       Visvesvarayya Technological University,
       Jnana Sangama, VTU Main Road,
       Belgaum-590 018.

3.    The Vice Chancellor,
      Visvesvarayya Technological University,
      Jnana Sangama, VTU Main Road,
      Belgaum-590 018.
                                             ... Respondents
(Notice to R1-served;
By Sri. Sudarshan. M, Advocate for R2 & R3)
                               2


      This writ petition is filed under Articles 226 and 227 of
the Constitution of India, praying to          issue a writ of
mandamus or direction or any other order in the nature of a
writ directing the respondents to declare that the petitioner
has passed in Elements of Civil Engineering and Mechanics
subject (Code No.15CIV13) of I semester as per result issued
at Annexure-B, in the interest of justice and equity. Grant
such other relief as deemed fit under the facts and
circumstances of the case.

     This petition coming on for Orders this day, the Court
made the following:-

                           ORDER

The grievance of the petitioner a student of Civil Engineering was against her not being permitted to take up 7th Semester Examination on the ground that she had failed in a subject namely "Elements of Civil Engineering and Mechanic" of the 1st Semester, months ago.

2. After service of notice, the respondents have entered appearance through their Panel Counsel who resists the writ petition. This Court vide ad-interim order dated 12.12.2019 had permitted the petitioner to write the 7th Semester Examination, subject to result of 3 the writ petition and accordingly, she took one. However, the result of the said examination remains to be announced as yet.

3. The learned Panel Counsel for the respondents submits that the petitioner was not issued the Hall Ticket for Examination in question because, records revealed her failure in the subject of the 1st Semester, as mentioned above; he adds that the computer generated records, however reveal that petitioner had in fact passed in the revaluation.

4. A Division Bench of this Court in the case of Anjay Bansal V/s Bangalore University and another, AIR 1990 Karnataka 225, has held that the marks gained in the revaluation enure to the benefit of the student as if it is a first valuation; that being the position, now what only remains is the announcement of results of petitioner's 7th Semester Examination, for doing which there is no impediment. 4

In the above circumstances, this writ petition succeeds; a writ of mandamus issues to the 2nd & 3rd respondents to announce the results of petitioner's 7th Semester Examination in respect of Civil Engineering and Mechanics, and to issue to her the Result sheet / marks statement within an outer limit of two weeks and file compliance report in the Registry of this Court, forthwith.

Non-compliance will be viewed seriously. Now, no costs.

Sd/-

JUDGE SMP

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