Karnataka High Court
Sri Girish M H vs The Registrar on 4 April, 2017
Author: S.Sujatha
Bench: S.Sujatha
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF APRIL, 2017
BEFORE
THE HON'BLE MRS.JUSTICE S.SUJATHA
WRIT PETITION No.24979/2016 (EDN - EX)
BETWEEN :
SRI.GIRISH.M.H
S/O M.M.HIREMATH
AGED ABOUT 29 YEARS
R/AT No.200, 4TH CROSS
20TH MAIN, UCO BANK LAYOUT
BTM 1ST STAGE
BANGALORE - 560068. ...PETITIONER
(BY SRI.HAVERI.S.S., ADV.)
AND :
1. THE REGISTRAR
VISHWESHWARAYYA TECHNICAL UNIVERSITY
JNANA SANGAMA
BELGAUM - 590018.
2. THE PRINCIPAL
EAST-WEST INSTITUTE OF TECHNOLOGY
VISHWANIDAM POST
ANJANANAGAR
BENGALURU - 560009. ...RESPONDENTS
(BY SRI.SANTOSH.S.NAGARALE, ADV FOR R1,
R2 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
THE PORTION OF THE CIRCULAR DATED 06.04.2016
PRODUCED AS ANNEXURE-E HOLDING THAT THE
NOTIFICATION DATED 14.09.2015 IS NOT CONDUCTED DURING
MAY/JUNE/JULY 2016 AS NULL AND VOID. ETC.
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THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner has challenged the portion of the circular dated 06.04.2016 (Annexure-E to the writ petition) and further for a direction to the respondents to permit the petitioner to appear for the May/June/July 2016 examination for the V Semester Turbo Machine Paper/subject. In pursuance to the interim order passed by this Court, the petitioner has appeared for the paper/subject Turbo Machine of V Semester during May/June/July 2016, subject to the result of the writ petition. The respondents were directed not to declare the results of the said examination, without leave of the Court.
2. Learned counsel appearing for the respondent No.1 has filed a memo which reads thus:
"The advocate for the Respondent
humbly submits that the Respondent
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University has passed a resolution in respect of the students admitted to the Engineering course prior to academic year 2006-07 who has completed the course but not eligible for the award of degree due to arrears subject, vide Executive Council Resolution No.8.3 dated 22.03.2017 to provide three more consecutive attempts to clear there arrears subject (i.e., June/July 2017, December 2017/ January 2018 and June/July 2018) to become eligible for the award of degree. A copy of letter dated 04.04.2017 is produced along with the memo for kind perusal of this Hon'ble Court.
WHEREFORE it is humbly prayed that this Hon'ble Court may be pleased to dispose of the above writ petition in terms of Resolution dated 22.03.2017 in the interest of justice and equity."
3. It is submitted that the representations of students who are admitted prior to the academic year 2006-2007 were placed before the Authorities, in its meeting held on 22.03.2017, the Authorities considered the representations and resolved vide VTU Executive Council Resolution No. 8.3 of 22-03-2017 to provide three more consecutive attempts to clear their arrears subjects to become eligible for the award of degree 4 (June/July 2017, December 2017, January 2018, June/July 2018). In terms of the said Resolution, the petitioner is entitled to appear for the examinations to clear the arrears subject.
4. It is further resolved that the petitioner having appeared for the examination during June/July 2016, his results shall be announced and if not successful, he will be given three attempts to clear his backlogs.
In terms of the said Resolution passed by the respondent No.1, the writ petition stands disposed of, directing the respondent No.1 to announce the results of the petitioner forthwith.
Sd/-
JUDGE NC