Sri Sanjaykumar G C vs Visvesvaraya Technological ... on 13 February, 2020

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Karnataka High Court

Sri Sanjaykumar G C vs Visvesvaraya Technological ... on 13 February, 2020

Bench: P.B. Bajanthri

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 13TH DAY OF FEBRUARY, 2020

                        BEFORE

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

             W.P. NO. 14 / 2020 (EDN-EX)

BETWEEN:

SRI SANJAYKUMAR.G.C.
S/O G.K. CHANDRANNA,
30 YEARS, H.NO.2248, 6TH MAIN ROAD,
D BLOCK, KANAKADASANAGARA,
MYSURU - 570 019                         ... PETITIONER

(BY SRI. NEELAKANTAIAH FOR
SRI JAYANNA G.R., ADVOCATES)

AND:

1.      VISVESVARAYA TECHNOLOGICAL UNIVERSITY
        JNANA SANGAMA, BELAGAVI - 590 018,
        REP. BY IT'S VICE-CHANCELLOR

2.      THE REGISTRAR (EVALUATION)
        VISVESVARAYA TECHNOLOGICAL
        UNIVERSITY, JNANA SANGAMA,
        BELAGAVI - 590 018.

3.      THE PRINCIPAL
        A.T.M.E.COLLEGE OF ENGINEERING,
        MELLAHALLI, MYSURU - 570 028
                                       ... RESPONDENTS

(BY SRI. SANTOSH S. NAGARALE, ADVOCATE FOR R-1 & R-2.
R-3 IS SERVED BUT-UNREPRESENTED.)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT UNIVERSITY TO PERMIT THE
PETITIONER TO TAKE SECOND TO FOURTH COMPUTER
SCIENCE ENGINEERING DEGREE BACKLOG PRACTICAL AND
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THEORY EXAMINATION IS SCHEDULED TO BE HELD FROM
JANUARY - 2020 OR ALTERNATIVELY AND ETC.,

     THIS PETITION COMING ON FOR PRELIMINARY
HEARING 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:-


                          ORDER

In the instant petition, petitioner has sought for the following reliefs:

(a) issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent university to permit the petitioner to take second to fourth computer science engineering degree backlog practical and theory examination is scheduled to be held from January-

2020 or alternatively Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent university extend two years duration for completion of B.E. degree course as one time measurement to the petitioner as per Annexure - D in the interest of justice and equity.

2. By virtue of an interim order, petitioner was permitted to participate in the process of examination for second and fourth semester Computer Science Engineering Degree (backlog practical and theory) examination which were stated to be held in the month of January 2020.

3. Interim order is a conditioned one to the extent of petitioner cannot claim equity. In this backdrop, reasons have not been reflected in any order or decision of the respondent/College or University as to why petitioner is not entitled to participate in the process of the aforesaid examination. Accordingly, Writ Petition is disposed of directing the respondents - College/University to take a decision as to why the petitioner is not entitled to participate in the aforesaid examination. In the event of petitioner being eligible, his results shall be announced. If the petitioner is not eligible for participation in the aforesaid process of examination, in such an event, necessary speaking order shall be passed and the same be communicated to the petitioner. The above exercise shall be completed within a period of eight weeks from the date of receipt of this order.

Sd/-

JUDGE Brn

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