Karnataka High Court
Vinay Kumar B And Anr vs The State Of Karnataka& Ors on 13 September, 2017
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF SEPTEMBER 2017
BEFORE
THE HON'BLE MRS. JUSTICE S.SUJATHA
W.P.Nos.202064-202065/2016 (EDN-EX)
Between:
1. Vinay Kumar B S/o Amruthrao B
Age about 30 years, Occ: Student
R/o H.No.192, Post Backchodi
Tq. & Dist. Bidar - 585 401
2. Srinivas Ranjolkar
S/o Guru Basapp
Aged about 29 years
Occ: Student, R/o H.No.7/29
Shastri Nagr, Mailoor Road
Bidar - 585 401
... Petitioners
(By Sri Ameet Kumar Deshpande, Advocate)
And:
1. The State of Karnataka
Represented by its Prl. Secretary
Dept. of Technical Education
M.S. Building, Bengaluru-1
2. Visvesvaraya Technological University
"Jnana Sangama", Belgavi - 590 018
Represented by its Registrar
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3. Guru Nanak Dev Engineering College
Bidar - 585 104
Represented by its Principal
... Respondents
(Sri Shivaputra S. Udbalkar, HCGP for R1;
Sri Anand B. Shetty, Adv. for R2;
R3 - served)
These writ petitions are filed under Articles 226 and 227 of the
Constitution of India, praying to issue a writ of certiorari and
mandamus and quash the circular dated 06.04.2016 issued by the
respondent No.2 herein in No.Ref:VTU/Aca/Gen/2016/17/136,
the copy of which is at Annexure-C.
These petitions coming on for preliminary hearing in 'B'
group this day, the Court made the following:-
ORDER
The petitioners are the students of respondent No.3- college under the affiliation of the respondent No.2-University. The petitioners are pursuing their course for the degree of Bachelor of Engineering. The petitioner No.1 was admitted in the academic year 2005-06 and petitioner No.2 was admitted in the academic year 2004-05 to pursue the engineering course in the respondent No.3-college. By virtue of the circular dated 06.04.2016 issued by respondent No.2, the petitioners were not permitted to appear for the examinations 3 for not completing the course within the duration prescribed. Hence, the petitioners are before this Court.
2. Learned counsel appearing for the petitioners submits that by virtue of the interim order granted by this Court, the petitioners have cleared their degree and marks card are also issued, but the degree certificates are not yet issued.
3. Learned counsel Sri Anand B. Shetty appearing for respondent No.2-University has placed on record the notification dated 05.04.2017 issued by the respondent No.2- University wherein, the students admitted to Under Graduate Courses under VTU prior to academic year 2006-07, who have completed the course in full and are not eligible for the award of degree due to backlog subjects, three more consecutive attempts to complete their degree i.e., June/July 2017, Dec.2017/Jan 2018 and Jun/July 2018 has been given.
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4. In view of the said notification, the petitioners are entitled to the benefit of the same and accordingly the respondent No.2-University shall issue the necessary certificates to the petitioners in terms of the notification dated 05.04.2017.
Writ petitions stand disposed of accordingly.
Sd/-
JUDGE LG