Karnataka High Court
S V Raghavendra Rao vs The Vice Chancellor on 3 July, 2017
Author: L.Narayana Swamy
Bench: L.Narayana Swamy
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2017
BEFORE
THE HON'BLE MR.JUSTICE L.NARAYANA SWAMY
WRIT PETITION NO.26236/2017 (EDN-EX)
BETWEEN:
S.V. RAGHAVENDRA RAO
S/O S. VASUDEVA RAO
AGED 66 YEARS
NO.73, 'VISHNU CHITTAM'
2ND CROSS, 4TH BLOCK, 3RD PHASE
BANASHANKARI 3RD STAGE
BENGALURU - 560 085.
... PETITIONER
(BY SMT. P. ANU CHENGAPPA, ADV.)
AND:
1. THE VICE CHANCELLOR
BANGALORE UNIVERSITY
JNANA BHARATHI CAMPUS
BANGALORE - 560 056.
2. THE REGISTRAR
OFFICE OF THE REGISTRAR (EVALUATION)
"PAREEKSHA BHAVANA"
JNANA BHARATHI CAMPUS
BANGALORE - 560 056.
3. PRINCIPAL
SRI JAGADGURU RENUKACHARYA
COLLEGE OF LAW
2
NO.9, ANANDRAO CIRCLE
BANGALORE - 560 085.
...RESPONDENTS
(BY SRI T.P. RAJENDRA KUMAR SUNGAY, ADV. FOR R1 & R2
NOTICE TO R3 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRYAING TO DIRECT
RESPONDENT NOS.1 & 2 TO ACCEPT THE EXAMINATION FEE
FROM THE PETITIONER FOR HIS SUBJECT PAPER IN THE
LLB. EXAMINATION COMMENCING ON 19.060.2017; DIRECT
RESPONDENT NOS.1 & 2 TO ISSUE HALL TICKET TO THE
PETITIONER TO ENABLE HIM TO APPEAR FOR HIS SUBJECT
PAPER ON 29.06.2017 IN THE LLB. EXAMINATION
COMMENCING ON 19.06.2017; DIRECT THE RESPONDENTS
TO PERMIT THE PETITIONER TO APPEAR FOR HIS SUBJECT
PAPER ON 27.06.2017; IN THE ALTERNATIVE DIRECT
RESPONDENT NOS.1 & 2 TO CONDUCT SEPARATE
EXAMINATION TO ENABLE THE PETITIONER TO APPEAR FOR
THE SUBJECT PENDING TO BE CLEARED IN HIS LLB.
COURSE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner joined the 3 year LLB. Course in the year 1977 under the Annual Scheme. The respondent - University issued notification on 08.11.2016 granting one time permission to appear for failed subjects in all PG/UG Law and Engineering (Annual & Semester Schemes). Petitioner made use of said 3 measure and Hall Ticket bearing Reg.No.2169/2662 was issued to him to appear for the 'Legal Theory' examination. On the day of the examination, the petitioner entered the examination hall and he was writing the Legal Theory paper. During the interregnum, the Invigilator entered into the Hall and found discrepancy in the Hall Ticket and Examination Ticket and papers were collected back and he was made to go out of the examination hall. Learned counsel for the petitioner submitted that this happened because of the lapse on the part of the respondent - University. Hence, the petitioner has filed this petition seeking for a direction to the respondent Nos.1 and 2 to permit him to appear for his subject paper by accepting the examination fee.
2. Learned counsel for the petitioner referred to the proceedings of the Academic Council Meeting dated 29.03.2016 providing a last chance to the petitioner as one time measure as an exceptional case to appear for failed subjects in all PG/UG Law (Annual & Semester Schemes) as per notification dated 08.11.2016.
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3. Since alleging lapse on the part of the respondent - University, the petitioner made a representation to the Vice- Chancellor of the Bangalore University on 22.04.2017 and the same was forwarded to the Dean of Law Faculty, Bangalore University to take appropriate steps. Petitioner also made one more representation to the Registrar (Evaluation) on 30.06.2017, in which the Vice-Chancellor has referred to consider the case of the petitioner as one time measure and to provide the petitioner a last opportunity to appear for the examination.
4. In the representation dated 22.04.2017 made to the Vice-Chancellor, Bangalore University, which was referred to the Registrar (Evaluation), it was observed that the petitioner be permitted to apply as a one time measure. Though the same was placed before the concerned authority, no steps have been taken.
5. Learned counsel for the respondents submitted that the petition may be dismissed as the prayers made in this petition have become infructuous, since prayers was for 5 direction to appear for examination which was conducted on 19.06.2017 and 27.06.2017. Secondly, the petitioner has been admitted for 3 years LLB. Course in the year 1977 under the Annual Scheme and on account of lapse of time, this very scheme itself is not existing and last chance was given by virtue of the notification dated 08.11.2016 and no further notification has been issued by the University thereafter. In the absence of any such notification, petitioner shall not be permitted to appear for the examination. It is only as per the notification dated 08.11.2016, the students like this petitioner were permitted to appear for the examination as a one time measure and should not be quoted as a precedent and no further requests will be entertained under any circumstances in this regard. Learned counsel for the respondents relied upon the judgment of this Court in W.P.No.25571/2017 dated 14.06.2017 in support of his contention.
6. Heard learned counsel for the petitioner and learned counsel for the respondents. Perused the records. 6
7. As per the notification dated 08.11.2016, the petitioner appeared for the examination and due to discrepancy in the hall ticket and in the examination ticket which was maintained by the University, the petitioner was sent out of the examination hall and was not allowed to write the examination. The petitioner has made representations to the Vice-Chancellor and also to the Registrar (Evaluation) and they have forwarded the same to the concerned authority to permit the petitioner to appear for the examination. No such action has been taken so far.
8. Considering the facts and circumstances of the case, the petitioner may be permitted to appear for the examination, in an exceptional case, by virtue of notification dated 08.11.2016 as a one time measure and should not be quoted as a precedent.
9. Accordingly, this petition stands disposed of directing the respondents to permit the petitioner to take up the legal theory examination on any next date of examination immediately considering this as an exceptional case by issuing 7 necessary certificate and hall ticket to take up the said examination.
Sd/-
JUDGE ca