Mr Pandurang Kalli vs Visvesvaraya Technological ... on 6 February, 2020

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Karnataka High Court

Mr Pandurang Kalli vs Visvesvaraya Technological ... on 6 February, 2020

Bench: P. B. Bajanthri

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF FEBRUARY, 2020

                         BEFORE

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

     WRIT PETITION NO.22023/2019 (EDN - RES)

Between:

1.     Mr.Pandurang Kalli,
       Son of Ningappa Kalli,
       Aged about 31 years,
       Residing at No.20,
       Puttaraju Layout,
       Union Bank Post, Kalkere,
       Bengaluru - 560 083.

2.     Mrs.Lathashree V.,
       Wife of Karthik B.S.,
       Aged about 32 years,
       Residing at No.22/13,
       St.Marthas Hospital Road,
       Subramanyapura Post,
       Uttarahalli,
       Bengaluru - 560 061.            ... Petitioners

(By Sri.Nishanth A.V., Advocate)

And:

1.     Visvesvaraya Technological
       University,"Jnana Sangama",
       Belagavi - 590 018.
       Represented by its Registrar.
                             2



2.   AMC Engineering College,
     18th KM, Banneraghatta Road,
     Bengaluru - 560 083.
     Represented by its Principal. ... Respondents

(By Sri.Santhosh S Nagarale, Advocate for R1;
    R2 served through hand summons)

     This Writ Petition is filed under Articles 226 and
227 of the Constitution of India praying to set aside
the communication dated 21.05.2019 issued by R-1
vide Annexure - T and etc.,

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

                          ORDER

In the instant petition, the petitioners have questioned the validity of Annexure-T dated 21.05.2019 by which the petitioners' hall tickets of III and IV semester examinations have been withheld on the score that they are not entitled to participate in the process of the aforesaid examinations in terms of "Regulations governing the Degree of Master Technology (M.Tech) under Choice Based Credit 3 System (CBSC) Scheme (Full Time and Part Time)"

effective from academic year 2017-18 (Annexure-R1), wherein 170MT11.2 stipulated the following conditions:

"170MT11.2 (a) Candidates, under full time programme, with a maximum of two backlog courses of first year shall be eligible for taking admission to second year (III semester).

(b) i. Candidates, under part time Programme, with one backlog subject of an academic year shall be eligible for taking admission to next odd semester from even semester.

ii. For admission to V semester, Candidates under part time Programme must have completed all the courses of I and II semesters.

2. Learned counsel for the petitioners submitted that the aforesaid Regulations are not applicable to the petitioners since they have completed their concerned course before commencement of the aforesaid Regulations. The Regulations do not classify that it is applicable to such of those persons, who have completed course or not. Therefore, one has to draw inference that the aforesaid Regulations are applicable to such of those students irrespective of prior to incorporating Regulations.

3. Since the petitioners' grievance is relating to writing of backlog examination after 2017-18, consequently, the aforesaid Regulations are applicable to the petitioners. Hence, no interference is called for 5 in respect of Annexure-T read with Annexure-R1 cited supra.

Accordingly, the petition stands dismissed.

Sd/-

JUDGE Mds/-

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