Karnataka High Court
Mr Vilas Jadhav vs M/S Visvesvaraya Technological ... on 21 April, 2017
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF APRIL, 2017
BEFORE
THE HON'BLE MRS.JUSTICE S.SUJATHA
WRIT PETITION No.29340/2016 (EDN - RES)
BETWEEN :
MR.VILAS JADHAV
S/O UMESH
AGED ABOUT 30 YEARS
R/AT No.237, RATHNAMMA BUILDING
CHANDAPURA, BENGALURU-570099. ...PETITIONER
(BY SRI.D.KAVITHA, ADVOCATE)
AND :
1. M/S. VISVESVARAYA TECHNOLOGICAL UNIVERSITY
JNANASANGAMA, BELGAUM-590018.
REP. BY THE REGISTRAR.
2. THE VICE CHANCELLOR
M/S. VISVESVARAYA TECHNOLOGICAL UNIVERSITY
JNANASANGAMA, BELGAUM-590018.
3. BANGALORE COLLEGE OF
ENGINEERING & TECHNOLOGY
NEAR HEELALIGE RAILWAY STATION
CHANDAPURA, BENGALURU - 560099.
REP. BY THE PRINCIPAL. ...RESPONDENTS
(BY SRI.SANTOSH S.NAGARALE, ADVOCATE FOR R-1 & R2,
R-3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
CIRCULAR DATED 06.04.2016 ISSUED BY THE RESPONDENT
No.1 VIDE ANNEXURE-L AS THE SAME IS VIOLATIVE OF
2
ARTICLES 14, 16 AND 19 OF THE CONSTITUTION OF INDIA.
ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner has challenged the circular dated 06.04.2016 issued by the respondent No.1 at Annexure-L to the writ petition, inter alia, sought for directions to the respondents to accept examination fee and appear for the examination scheduled to be held on May/June/July 2016 as regards the backlog subjects of the B.E course of the petitioner.
2. The petitioner had joined B.E course in respondent No.3 college during the year 2005-06. The duration of the course for the students who joined during the academic year 2005-06 was 10 years to complete the course. The petitioner having completed maximum duration of degree course after joining the respondent No.3 college, could not complete the entire 3 course. That being the situation, the respondent No.1 had issued a circular dated 06.04.2016 directing all the Principals of its affiliated colleges not to permit any students who have completed maximum duration of the course either to attend the classes or to fill examination forms. Aggrieved by the same, the petitioner approached this Court.
3. This Court by an interim order dated 17.05.2016, directed the respondents to receive the examination fees and permitted the petitioner to appear for the examination in backlog subjects of the B.E course. However the respondents were directed, not to declare the results of the said examination without permission of this Court.
4. Learned counsel Sri.Santosh.S.Nagarale, appearing for the respondent Nos.1 and 2 submits that a notification dated 05.04.2017 has been issued by the 4 Visvesvaraya Technological University (VTU) which reads thus:
1. The students admitted to Under Graduate Courses under VTU prior to the academic year 2006-07, who have completed the course in full and are not eligible for the award of degree due backlog subjects are given three more consecutive attempts to complete their degree i.e. June/July 2017, Dec.2017/ Jan 2018 and June/July 2018.
2. No more attempts are permitted beyond June/July 2018.
3. This notification is not applicable to the students who have not completed the course in full, i.e. no additional academic years are provided to complete the course and degree.
4. ANNOUNCEMENTS OF RESULTS:
a) The results of the students who have appeared for June/July 2016 will be announced depending on their eligibility as per the Regulations Governing the respective Courses under VTU.
b) These students have to approach the Principals of respective colleges for announcements of results before 18- 04-2017.
c) The Principals are requested to forward the list of such students to the 5 office Registrar (Eval.), VTU as per the instructions to be issued by Registrar (Eval.), VTU, Belagavi in this regard.
5. PAYMENT OF EXAMINATION FEES:
The students appearing for the additional attempts under this benefit shall pay an additional examination fee of Rs.2,000/- per subject to a maximum of Rs.6,000/- per semester. However, students need not to pay any fee for the announcement of results of June/July 2016 examinations.
The Principals are requested to:
a) bring this to the notice of all the concerned students
b) take personal care in attending the cases of these students in forwarding the details to the University.
Further, it shall also be brought to the notice of the students that No individual communication will be sent to the Students by the University w.r.t. to their representations submitted by them in this regard.
5. In view of the said notification, the petitioner is eligible to clear the backlog subjects within three 6 consecutive attempts i.e., June/July 2017, Dec.2017/ Jan 2018 and June/July 2018.
6. Accordingly, the respondent Nos.1 and 2 are directed to declare/announce the results of the petitioner in terms of the notification dated 05.04.2017 forthwith.
Writ petition stands disposed of accordingly.
Sd/-
JUDGE NC