Karnataka High Court
Sri Ramesh Kavadi R K vs Registrar on 17 November, 2015
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17th DAY OF NOVEMBER 2015
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION No.45095 OF 2015 (EDN-RES)
C/W
W.P.Nos.36832-36833/2014, 48555/2014, 53215/2014, 53821-
53825/2014 & 53826/2014, 54045-54055/2014, 25570/2015, 36744-
36748/2015, 53254-53274/2014, 42151/2015, 38029-38031/2015,
1339/2015, 55097/2014, 41070-41078/2014 & 41081/2014, 39613/15,
45492/2015, 45965-45969/2015 & 45970/2015, 56321-56322/2014
AND 34555/2015
WP No.45095/2015:
BETWEEN :
SRI RAMESH KAVADI R.K,
S/O KRISHNAPPA R
AGED ABOUT 27 YEARS,
STUDENT,
R/O NO.807, RAMADEVI NILAYA,
BEHIND HOSANNA CHURCH,
JAYANAGARA B BLOCK,
DAVANAGERE DISTRICT - 577 004. ... PETITIONER
(BY SRI S R HEGDE HUDLAMANE, ADVOCATE)
AND:
1. REGISTRAR,
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAUM - 590 018
KARNATAKA STATE.
2. PRINCIPAL,
2
JAGADUGURU MALLIKARJUNA MURUGARAJENDRA
INSTITUTE OF TECHNOLOGY,
V V ROAD, CHITRADURGA - 577 204. ...RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED CIRCULAR DATED 15.6.2015 ISSUED BY THE R-1 AT
ANNEXURE - C BY THE ISSUE OF WRIT OR CERTIORARI OR ANY
OTHER APPROPRIATE OR ORDER AS THE CASE MAY BE AND
ISSUE DIRECTION TO THE R-1 UNIVERSITY TO EXTEND SIMILAR
BENEFITS TO THE PETITIONER, LIKE THAT OF CIRCULARS
ISSUED AT ANNEXURE - E, F, G AND OTHER CIRCULARS TO THE
PETITIONER, WHO JOINED B.E. COURSE, IN THE YEAR 2009-2010
AS LATERAL ENTRY ISSUING A WRIT OF MANDAMUS AND ETC.
WP NOS.36832 - 36833 OF 2014
BETWEEN
1. SUDHEENDRA R
S/O RAMARAO N
AGED 35 YEARS
C/O RAGHAVENDRA RAO
NO.53, 7THMAIN
2ND PHASE
BSK 3RD STAGE
BANGALORE 560085
2. MANJUNATHA DEVADIGA B
S/O MARLA DEVADIGA
AGED 38 YEARS
NO.36, 5TH MAIN
KANDAYANAGAR
ANNAPURNESVARINAGARA
BANGALORE 560091 ... PETITIONERS
(BY SRI NATARAJ G, ADVOCATE)
3
AND
1. REGISTRAR (ACADEMIC)
& EXECUTIVE COUNCIL
VISVESVARAYA TECHNOLOGICALUNIVERSITY
JNANA SANGAM, BELGAUM 590001
KARNATAKA STATE
2. THE PRINCIPAL
B M S COLLEGE OF ENGINEERING
POST BOX NO 1908
BULL TEMPLE ROAD
BASAVANAGUDI
BANGALORE 560019 ... RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1;
SRI SRINIVAS AND BADRI, ADVOCATES FOR R2;
SRI E S INDIRESH, HCGP FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE RESOLUTION NO:8.7 DATED 7.9.2013 BEING PASSED BY THE
EXECUTIVE COUNCIL OF VISVESHWARAYA TECHNOLOGICAL
UNIVERSITY, THE R-1 VIDE ANNXEURE -Y AND DIRECT THE
RESPONDENTS TO ADMIT THE PETITIONERS TO THE 7TH
SEMESTER OF B.E. DEGREE COURSE FOR THE ACADEMIC YEAR
2014-15 AND TO ALLOW THEM TO TAKE EXAMINATIONS AS
WOULD BE CONDUCTED BY THE RESPONDENTS AND ETC.
WP NO.48555/2014
BETWEEN:
SRI PRAVEEN P P
S/O PRABHAKAR PURUSHAN
AGED ABOUT 26 YEARS
R/A NO.1114, SHIRDI KRUPA
2ND MAIN, 6TH CROSS
VINOBHANAGAR
DAVANAGERE-577006 ... PETITIONER
(BY SRI K K VASANTH, ADVOCATE)
4
AND:
1. VISVESVARAYA TECHNOLOGICAL UNIVERSITY
SANTHIBASTAWAD ROAD, MACHHE,
BELGAUM-590014
REPRESENTED BY ITS VICE CHANCELLOR
2. THE PRINCIPAL
GM INSTITUTE OF TECHNOLOGY
(APPROVED BY A I C T E NEW DELHI
AND AFFILIATED TO VISVESVARAYA
TECHNOLOGICAL UNIVERSITY
BELGAUM), P.B NO.4, P B ROAD
DAVANAGERE-577006 ... RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1;
SRI G M CHANDRASHEKAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS IN RESPECT OF MR. PRAVEEN P.P. [UNIVERSITY SEAT
NO. 4GM06EC062] FROM RESPONDENTS AND DECLARE THAT
THE REGULATION ISSUED BY THE R-1 IN RESPECT OF THE
DEGREE OF BACHELOR OF ENGINEERING / TECHNOLOGY
WITH EFFECT FROM 2006-07 MORE PARTICULARLY OB 6.2., VIDE
ANN-K AS ULTRA VIRUS AND ALSO SUFFERS FROM
ARBITRARINESS AND ETC.
WP NO.53215/2014
BETWEEN:
MS MARY BERNADETTE JOHN
AGED 26 YEARS
D/O MR M JOHN ARULAPPAN
RESIDING AT NO.80, 4TH CROSS,
RAMAIAH LAYOUT, KAMMANAHALLI,
BANGALORE 560084 ... PETITIONER
(BY SRI G R MOHAN, ADVOCATE)
5
AND:
1. STATE OF KARNTAKATA
HIGHER EDUCATION DEPARTMENT
M S BUILDINGS, BANGALORE 560 01
BY ITS SECRETARY
2. THE REGISTRAR (EVALUATION)
VISVESVARAYA TECHNOLOGICAL UNIVERSITY
JNANA SANGAMA SANTHIBSTAWAD ROAD
MACHHE, BELGAUM 590018
3. THE REGISTRAR (EXAMINATIONS)
VISVESVARAYA TECHNOLOGICAL UNIVERSITY
JNANA SANGAMA SANTHIBSTAWAD ROAD
MACHHE, BELGAUM 590018
4. THE PRINCIPAL
SMR INSTITUTE OF TECHNOLOGY
KUNDALAHALLI,
BANGALORE 560037 ... RESPONDENTS
(BY SRI E.S.INDIRESH, HCGP FOR R1;
SRI T S VENKATESH, ADVOCATE FOR R2 AND R3;
SMT.S K PUSHPAVATHI, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO PERMIT HER TO CONTINUE HER STUDIES
TILL THE END OF THE SEMESTER OF HER ENGINEERING
COURSE JULY 2015 IN ELECTRONICS AND COMMUNICATION
AND TAKE UP BOTH PRACTICAL AND THEORY EXAMS OF VII
AND VIII SEMESTERS.
WP NO. 53821 - 53825/2014
AND WP NO.53826/2014
BETWEEN
1. JASON RODRIGUES
(AGE-26),
6
S/O JOHN RODRIGUES,
C/O N.UMESH ITI LAYOUT,
2ND MAIN, 2ND CROSS,
BANGALORE-560 056
USN-4AI06IS017
2. ANJALI DWIVEDI,
(AGE-25)
D/O S D DWIVEDI,
DOOR NO.127, I LANE , 4TH CROSS,
MAHALAXMINAGAR, 3RD STAGE BATWADI,
TUMKUR-572103, USN-1HM06ECO11.
3. G DINAKAR,
(AGE-26)
S/O G NARASIMHULU,
2ND TYPE,-125, BEML NAGAR,
K G F , KOLAR-563115,
USN-1GVO6CS061
4. K MURALI KRISHNA
(AGE-27)
S/O K PRABHAKAR RAO,
FLAT NO.102, THAVAREKERE,
OPP. VENKATESHWARA COLLEGE,
KORAMANGALAL, BANGALORE-560 034,
USN-IME06ECO57.
5. SHRI PRAKASH SINGH,
(AGE-27)
S/O SHRI PATI SINGH,
NH-4, NEAR JOSS TOLLGATE ,
KESARMADU POST, KYATSANDRA,
TUMKUR-572104,
USN -1HM06ME090.
6. VINUTHA
(AGE-26),
D/O M S GOPALAKRIHSNA,
4TH CROSS, CHRISTIANS COLONY,
7
1725/1, MANDYA-571401,
USN-4C108TE406. ... PETITIONERS
(BY SRI B B PATIL, ADVOCATE)
AND:
1. THE VICE CHANCELLOR
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAVI-590018.
2. THE REGISTRAR (EVALUATION)
VISVESWARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAVI-590 018.
3. THE REGISTRAR (EVALUATION)
VISVESWARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAVI-590 018.
4. THE PRINCIPAL
ADICHUNCHANAGIRI INSTITUTE
OF TECHNOLOGY, K.M. ROAD,
CHIKMAGALUR-577102
5. THE PRINCIPAL
HMS INSTITUTE OF TECHNOLOGY,
H-4, KESARAMADU POST,
KYATHASANDRA, KESARAMADU,
TUMKUR-572104.
6. THE PRINCIPAL,
DR. THIMMAIAH INSTITUTE OF TECHNOLOGY,
OORGAUM, KOLAR GOLD FIELDS,
KARNATAKAK-563120.
7. THE PRINCIPAL
M.S. ENGINEERING COLLEGE,
NEW INTERNATIONAL AIRPORT ROAD,
SADAHALLI POST,
NAVARATHNA AGRAHARA,
BANGALORE-562110.
8
8. THE PRINCIPAL
COORG INSTITUTE OF TECHNOLOGY,
P.B. NO.11, HALLIGATTU,
PONNAMPET,
SOUTH KODAGU-571216. ... RESPONDENTS
(BY SRI T S VENKATESH FOR R1-R3;
SRI P.RAGHAVAN, ADVOCATE FOR
PR AND PR ASSOCIATES FOR R6;
SMT.K.SAROJINI MUTHANNA, ADVOCATE FOR R8;
R4,R5 AND R7 ARE SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE CIRCULAR DATED 5.8.14, AT ANNEXURE - J, INSOFAR AS
RELATES TO THE BACHELORS OF ENGINEERING/BACHELORS
OF TECHNOLOGY COURSE, FIXING THE MAXIMUM TENURE OF
COMPLETION OF COURSE AT 8 YEARS AND DIRECT THE
RESPONDENTS TO ACCORD A MAXIMUM TENURE OF 10 YEARS
TO THE PETITIONERS FOR THE COMPLETION OF THE COURSE
OF BACHELORS OF ENGINEERING/BACHELORS OF
TECHNOLOGY IN ACCORDANCE WITH THE SIMILARLY PLACED
OTHER BATCHES.
WP NO.54045 - 54055/2014
BETWEEN:
1. NAGESH G
AGED 39
S/O GANGADHAR CHAR,
# 10, 11TH MAIN ROAD,
SHIVANAGAR RAJAJINAGAR
BANGALORE-560010,
USN ISCO8ME409.
2. CHANDRA KISHORE MATHO
AGED 26 YEARS,
S/O THIKA RAM MAHTO,
H.T.M. LAYOUT NEAR JASS TOLL GATE,
9
KESARAMADU POST, KYATHSANDRA,
TUMKUR-572 104, KARNATAKA,
USN 1HM06ME019
3. JAMSHI T.K.
AGED 25,
COLLEGE NO.3,
S/O JAYAPAL.K.
"SWICAR" # 4, 4TH MAIN, MATHIKERE,
BANGALORE-54,
USN 1HM06ME035,
4. DHEERAJ KUMAR GUPTA
AGED 30
S/O KISHOR KUMAR GUPTA,
H.T.M. LAYOUT, NEAR JASS TOLL GATE,
KYATHSANDRA KESASAMANDU POST,
TUMKUR KARNATAKA-572104,
USN 1HM06CS018.
5. DEEPA. R (27)
AGED 27,
COLLEGE NO.05,
D/O RAMACHANADER.M.
# 18,M 1ST CROSS,
MARUTHI NAGAR MADIVALA,
KARNATAKA-560094,
USN INCO8EC401,
6. HARSHA.G.S.
AGED 27,
S/O SOMASHEKARAIAH, G.B.
# 01, FIRE STATION QUARTERS,
TIPTUR (T), TUMKUR,
KARNATAKA,-572104.
USN 1HM06ME030
7. PAKKARATH ANTO SHANY
AGED 27
D/O P.L. ANTO,
# 102, MATHAPATHY MANOR,
10
DODDNA KUNDI EXTN.
MARATHALLI, BANGALORE,-560071.
USN 1HK06CSO50
8. MANOHARA S R
AGED 26
S/O REVENASIDDAPPA R J
HANUMANTHA NAGAR NEAR SJMIT
CHITRADURGA KARNATAKA - 577 602
USN 4SM06CS046
9. MANJUNATH R
AGED 26
S/O RANGAIAH
14TH CROSS SIT EXTN TUMKUR-572 104
KARNATAKA
USN 1HM06ME050
10. SHWETHAN M B
AGED 26
S/O BOREGOWDA M P
# 15/4,14TH MAIN,4TH BLOCK,
NANDINI LAYOUT,
BANGALORE-96 (560 096)
USN 1RC09ME415
11. P GAUTHAM REDDY
AGED 25
S/O PULIKESHI REDDY,
101/2,9TH CROSS,
DOMLUR,BANGALORE-71
USN 1BI07IM350 ... PETITIONERS
(BY SRI B B PATIL, ADVOCATE )
AND
1. THE VICE CHANCELLOR
VISVESVARAYA TECHNOLOGICAL
UNIVERSITY,
JANAN SANGAMA, BELGAVI-590 018
11
2. THE REGISTRAR
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JANAN SANGAMA, BELGAVI-590 018
3. THE REGISTRAR (EVALUATION)
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JANAN SANGAMA, BELGAVI-590 018
4. THE PRINCIPAL
S C T INSTITUTE OF TECHNOLOGY
KAGGADASAPURA MAIN ROAD
VIGNANA NAGAR
NEW THIPPASANDRA POST
BANGALORE-560075
5. THE PRINCIPAL
NAGARJUNA COLLEGE OF
ENGINEERING & TECHNOLOGY
DEVANAHALLI, VENKATAGIRIKOTE POST
DEVANAHALLY TALUK, BANGALORE-562110
6. THE PRINCIPAL
HKBK COLLEGE OF ENGINEERING
#22/1, NAGAWARA, BANGALORE-560045
7. THE PRINCIPAL
S J M INSTITUTE OF TECHNOLOGY
P B NO.73, NH-4
BYEPASS, CHITRADURGA-577502
KARNATAKA
8. THE PRINCIPAL
H M S INSTITUTE OF TECHNOLOGY
NATIONAL HIGH WAY NO.4
KESARAMADU P O
KYATHSANDRA, TUMKUR-572104
KARNATAKA
9. THE PRINCIPAL
SRSIT
12
CHOKKANAHALLI, CHICKKAJALA HOBLI
BANGALORE NORTH, BANGALORE-56071
10. THE PRINCIPAL
BANGALORE INSTITUTE OF TECHNOLOGY
KR ROAD, V V PURA,
BANGALORE-560001 ... RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1-R3;
SRI N SRINIVAS, ADVOCATE FOR R8;
SRI P M NARAYANASWAMY, ADVOCATE FOR R9;
R4,R5,R6, R7 ARE SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE CIRCULARA DATED 5.8.14, AT ANNEXURE - J IN SO FAR AS
RELATES TO THE BACHERLORS OF ENGINEERING/ BACHELORS
OF TECHNOLOGY COURSE, FIXING THE MAXIMUM TENURE OF
COMPLETION OF COURSE AT 8 YEARS AND DIRECT THE
REPSPONDENTS TO ACCORD A MAXIMUM TENURE OF 10 YEARS
TO THE PETITIONERS FOR THE COMPLETION OF THE COURSE
OF BACHERLORS OF ENGINEERING/BACHELORS OF
TECHNOLOGY IN CONSONANCE WITH THE SIMILARLY PLACED
OTHER BATCHES.
WP NO.25570/2015
BETWEEN:
SRI ANANDAKUMAR T
S/O P THANGAVELU,
AGED ABOUT 39 YEARS,
STUDENT, AND WORKING,
R/O PLOT NO.4,
B M LOTUS APARTMENT
GEAR SCHOOLROAD,
DODDAKANHALLI,
CARMILARAM PSOT,
BANGALORE 560035 ... PETITIONER
(BY SRI S R HEGDE HUDLAMANE, ADVOCATE)
13
AND:
1. REGISTRAR
VISWESHWARIAH TECHONOLGICAL UNIVERSITY,
JANASANGAMA, BELGAUM 590018
KARNATAKA STATE
2. DAYANAND SAGAR COLLEGE OF
ENGINEERING, KUMARASWAMY LAYOUT,
BANGALORE 560078
REPRESENTED BY PRINCIPAL ... RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1;
R2 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R-1 & R-2 PERMIT THE PETITIONER, TO SUBMIT HIS PROJECT
REPORT WITHIN THE STIPULATED TIME BEFORE 2ND JUND OR
JULY 2015 AND FURTHER DIRECT THE RESPONDENT, TO
ANNOUNCE THE RESULT OF THE PETITIONER.
WP NOS.36744 - 36748/2015
BETWEEN:
1. SRI. VEERA VENKATA SUBRAMANYA
S/O Y.NAGESHWARA RAO,
AGED ABOUT 44 YEARS,
PRESENTLY WORKING AS JUNIOR ENGINEER (CIVIL),
KSRTC, BANGALORE CENTRAL DIVISION,
K.H.ROAD, SHANTHINAGAR,
BANGALORE-560 027.
2. SMT.ANITHA K.S.
W/O S.L RAVI,
AGED ABOUT 30 YEARS,
WORKING AS JUNIOR ENGINEER,
66/11KV MUSS, KPTCL,
NATIONAL GAMES VILLAGE,
14
KORAMANGALA, BANGALORE-560 047.
R/AT NO.66/11 KV MUSS KEB QUARTERS,
SUBRAMANYAPURA, BANGALORE-560 061.
3. SRI CHETAN K.G.
S/O K.P. GANAPATHI,
AGED ABOUT 29 YEARS,
WORKING AS CIVIL ENGINEER,
RAYBUILD TECH,
NO.34, WATER TANK ROAD,
BSK III STAGE, BANGALORE-560 085.
4. SRI.MOHAMMED ILIYAS,
S/O SRI ABDUL SHUKUR,
AGED ABOUT 35 YEARS,
WORKING AS PLANNER,
HINDUSTAN AERONAUTICAL LIMITED,
MRO HELICOPTER DIVISION,
BANGALORE AND
R/AT F-13, FEROZ COMPOUND,
ANNASANDRA PALYA MAIN ROAD,
FIRST CROSS, BANGALORE-17.
5. SRI MOHAN.S
S/O T.SRINIVASA RAO,
AGED ABOUT 43 YEARS,
WORKING AT MPHASIS LIMITED,
R/AT NO.69, 1TH CROSS, 3RD BLOCK,
THYAGARAJANAGARA,
BANGALORE-560 028. ... PETITIONERS
(BY SRI SUBRAMANYA BHAT M, ADVOCATE)
AND
1. VISVESHWARAIAH
TECHNOLOGICAL UNIVERSITY,
JNANASANGAMA, BELGAUM-590018,
REPRESENTED BY THE REGISTRAR.
15
2. THE VICE CHANCELLOR
VISVESHWARAIAH,
TECHNOLOGICAL UNIVERSITY,
JNANASANGAMA, BELGAUM-590018.
3. B.M.S. EVENING COLLEGE
OF ENGINEERING, BULL TEMPLE ROAD,
BASAVANAGUDI, BANGALORE-560 019,
REPRESENTED BY THE PRINCIPAL. ... RESPONDENTS
(BY SRI T S VENKATESH FOR R1 & R2;
SRI SRINIVAS AND BADRI ASSOCIATES FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARING PROVISO TO OB 6.2 OF THE REGULATIONS
GOVERNING THE DEGREE OF BACHELOR OF ENGINEERING /
TECHNOLOGY PUBLISHED BY THE R-1 AS UNCONSTITUTIONAL
AT ANNEX-E AND OR IN THE ALTERNATIVE DIRECT THE
RESPONDENTS TO ADMIT THE PETITIONERS FOR 7TH & 8TH
SEMESTES DURING THE ACADEMIC YEAR 2015-16 FOR B.E.
DEGREE CORUSE IN THEIR RESPECTIVE DISCIPLINES AS
MENTIONED IN ANNEX-A.
WP Nos.53254 - 53274/2014
BETWEEN:
1. CHETHAN S
S/O SOMASUNDAR K
AGED 25 YEARS
NO.14, 16TH CROSS
EJIPURA
BANGALORE 560047
USN - 1RL06EC017
2. PRAVEEN J JAYAPRAGASAM
AGED 26 YEARS
#1247 A BLOCK VIJINPURA
POORAVANINAGAR
BANGALORE 560 016
USN-1CRR06EC078
16
3. VENKATESHA B T
AGED 26 YEARS
S/O THIMMEGOWDA
KOKKOREBELLUR (V&P)
MADDUR TQ
MANDYA DISTRICT 571 433
USN-1HK06IS056
4. KOKILA T C
AGED 25 YEARS
D/O CHANDRASHEKAR T S
7TH CROSS
OPP AMMAJI MEDICALS
SOMESHWARA EXT
TUMKUR 572 102
USN - 1HM07CS350
5. AMIT KUMAR
AGED 26 YEARS
S/O ASHOK KUMAR
#14, 7TH CROSS
VEERABHADRAPPA
LOTTEPOLLAHALLI
BANGALORE 560094
USN-1DA07CV003
6. ABHISHEK KOTHADIA
S/O MAGANLAL KOTHADIA
AGED 26 YEARS
SMIG B-31, 493,
4TH PAHASE
YELAHANKA NEW TOWN
BANGALORE 560064
USN - 1RC06CS038
7. MANU M V
S/O VIRUPAKSHAIAH C
AGED 26 YEARS
#05, 8TH MAIN ROAD
17
BEHIND GAADI MUDDANNA HOUSE ROAD,
MEENAKSHINAGAR
KAMAKSHIPALAYA
BANGALORE 560079
USN-1EW08EC412
8. SYED WASEEM
S/O SYED OBAIDULLAH
AGED 25 YEARS
SMIG B-31, 493, 4TH PHASE
YELAHANKA NEW TOWN
BANGALORE 560064
USN-1MS07EC134
9. JAYASHANKAR
S/O C UDAYCHANDRAN
AGED 26 YEARS
FLAT NO.702
C1-WING
PROVIDENT WELWORTH CITY
SH09, BISUVANAHALLI
BANGALORE 562110
USN 1MS07EC125
10. LAXMI PRIYA B
D/O M BALARAJ
AGED 26 YEARS
NO.223, 5TH CROSS
VIJAYA NAGAR COLONY
BASAVANAPURA MAIN ROAD
K R PURAM
BANGALORE 560 036
USN-1MV08IM400
11. ARUN R
S/O RAVINDRA ALUR
AGED 25 YEARS
NO.10, 6TH MAIN, 3RD CROSS
ADITI PUBLIC SCHOOL ROAD
AGIS LAYOUT
BSK - 3RD STAGE
18
BANGALORE 560061
USN - 1BT06IS004
12. BHAVYA S KANCHAN
D/O S P KANCHAN
AGED 26 YEARS
ASHRAYA, NO.5, 2ND CROSS
3RD MAIN
CHIKKADUGODI
DRC POST
BANGALORE 560 029
USN - 1BT06IS009
13. NIKHIL S JAVAGAL
S/O SHANKAR JAVAGAL
AGED 26 YEARS
#3223, 2ND G CROSS
3RD STAGE, 3RD BLOCK
BASAVESHWARANAGAR
BANGALORE 560079
USN - 1BT06ME029
14. VIBIN MOHAN
S/O T V MOHAN
C/O H N ANANDA KUMAR
AGED 26 YEARS
FIRST FLOOR, ROOM NO.101
NO.144, HIRANDAHALLI
VIJAY NAGAR (POST)
BANGALORE 560040
USN-1EPO8ME409
15. ANDREW ARUN KUMAR
S/O ALEXANDER A
AGED 25 YEARS
399, 5TH MAN, 1ST STAGE
B8-FFA
AUSTIN TOWN
BDA LAYOUT
BANGALORE 560 047
USN - 1II06CS002
19
16. PRAGYAT RAI
AGED 25 YEARS
HIRANDHALLI
VIRGONAGAR POST
BENGALORE 560049
USN-1EPO7EC067
17. DAVIDSON PAUL
S/O PAULOSE C JHON
C/O JHONSON K M
AGED 26 YEARS
RAMAKRISHNA BUILDING
NEAR OLD CAUVERY SCHOO
SHANTHI NAGAR, TUMKUR 572 104
USN-1HM06CS016
18. MIDHUL A A
S/O ASHOKANANDAN A K
C/O JHONSON K M
AGED 25 YEARS
RAMAKRISHNA BUILDING
NEAR OLD CAUVERY SCHOOL
SHANTHI NAGAR, TUMKUR 572 104
USN-1HM06CS050
19. RAMAKANTH K
S/O KRUPAL M
AGED 26 YEARS
#359, SRI HARI
11TH CROSS, 18TH MAIN
J P NAGAR, 2ND PHASE
NEAR V E T SCHOOL
BANGALORE 560078
USN - 1KSO6EC052
20. ANANDA S
S/O S L SARVOTHAMA ROA
AGED 26 YEARS
#48, 6TH CROSS
VASANTHNAGAR
20
BENGALORE 560052
USN-1KN06EC011
21. RAJESH M S
S/O R SRINIVASAIAH
AGED 25 YEARS
#259/A, 18TH MAIN
1ST CORSS
MUNESHWARA BLOCK
BANGALORE 560026
USN-1DB07EC080 ... PETITIONERS
(BY SRI B B PATIL, ADVOCATE)
AND
1. THE VICE CHANCELLOR
VISVESVARAYA TECHNOLOGICAL UNIVESITY
JNANA SANGAMA, BELGAVI - 590018
2. THE REGISTRAR
VISVESVARAYA TECHNOLOGICAL UNIVERSITY
JNANA SANGAMA, BELGAVI 590018
3. THE REGISTRAR (EVALUATION)
VISVESVARAYA TECHNOLOGICAL UNIVERSITY
JNANA SANGAMA, BELGAVI 590018
4. THE PRINCIPAL
CMR INSTITUTE OF TECHNOLGOY
132 AECS LAYOUT, ITP MAIN ROAD
KUNDALAHALLI, BANGALORE 560037, INDIA
5. THE PRINCIPAL
HKBK COLLEGE OF ENGINEERING
#22/1, NAGAWARA, BANGALORE 560045
KARNATAKA, INDIA
6. THE PRINCIPAL
HMS INSTITUTE OF TECHNOLOGY
NH-4, KESARAMADU POST
21
KYATHASANDRA, KESARAMADU
TUMKUR 572 104, KARNATAKA
7. THE PRINCIPAL
DR AMBEDKAR INSTITUTE OF TECHNOLOGY
NEAR JNANA BHARATHI CAMPUS
OUTER RING ROAD, MALATHAHALLI
8. THE PRINCIPAL
SRI REVANA SIDDESHWARA
INSTITUTE OF TECHNOLGOY
CHOKKANAHALLI
CHIKKAJALA, NORHT
(NEAR CHIKKAJALA POLICE STATION
ON NH7/INTERNATIONAL AIRPORT ROAD)
BANGALORE 562 157
9. THE PRINCIPAL
EAST WEST INSTITUTE OF TECHNOLOGY
OFF MAGADI ROAD, VISHWANEEDAM POST
BANGALORE 560091, KARNATAKA , INDIA
10. THE PRINCIPAL
M S RAMAIAH INSTITUTE OF TECHNOLOGY
MSR NAGAR, MSRIT POST
BANGALORE 560054
11. THE PRINCIPAL
SIR M VISVESVARAYA INSTITUTE OF TECHNOLOGY
KRISHNADEVARAYA NAGAR
HUNASAMARANAHALLI
INTERNATIONAL AIRPORT ORAD
VIA - YELAHANKA, BANGALORE 562 157
KARNATAKA
12. THE PRINCIPAL
BLT INSTITUTE OF
TECHNOLOGY AND MANAGEMENT
259/B, BOMMASANDRA INDUSTRIAL AREA
HOSUR ROAD, BNAGALORE
KARNATAKA 560 099
22
13. THE PRINCIPAL
EAST POINT COLLEGE OF
ENGINEERING AND TECHNOLOGY
JNANA PRABHA, EAST POINT CAMPUS
VIRGO NAGAR POST
AVALAHALLI, BANGALORE
KARNATAKA, INDIA 560049
14. THE PRINCIPAL
ISLAMIAH INSTITUTE OF TECHNOLOGY
NATIONAL PARK ROAD, BANNERGHATTA ROAD
BENGALURU, KARNATAKA 560076
15. THE PRINCIPAL
R L JALAPPA INSTITUTE OF TECHNOLOGY
KODIGEHALLI, DODDABALLAPUR 561 203
16. THE PRINCIPAL
KAMMAVARI SANGHA INSTITUTE
OF TECHNOLOGY, 14, RAGHUVANAHALLI
KANAKAPURA MAIN ROAD
BENGALURU, KARNATAKA 560062
17. THE PRINCIPAL
KNS INSTITUTE OF TECHNOLOGY
HEGDE NAGAR, KOGILU ROAD
(OPP HEBBAL OUTER RING ROAD)
TIRUMENAHALLI, BENGALURU
KARNATAKA 560064
18. THE PRINCIPAL
DON BOSCO INSTITUTE OF TECHNOLGOY
MYSORE ROAD, KUMBALGODU
BANGALORE 560074, KARNATAKA ... RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1TO R3;
SRI N SRINIVAS, ADVOCATE FOR R6;
SRI HARISH H V, ADVOCATE FOR R7;
SRI R M NARAYANASWAMY, ADVOCATE FOR R8;
SRI S GOWRISHANKAR, ADVOCATE FOR R12;
23
SRI C M DESAI AND ARAVIND C DESAI,
ADVOCATES FOR R13;
R4,R5,R10,R11,R14-R18 ARE SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE CIRCULARA DT.5.8.14, AT ANNEXURE - J IN SO FAR AS
RELATES TO THE BACHERLORS OF ENGINEERING/ BACHELORS
OF TECHNOLOGY COURSE, FIXING THE MAXIMUM TENURE OF
COMPLETION OF COURSE AT 8 YEARS AND DIRECT THE
REPSPONDENTS TO ACCORD A MAXIMUM TENURE OF 10 YEARS
TO THE PETITIONERS FOR THE COMPLETION OF THE COURSE
OF BACHERLORS OF ENGINEERING/BACHELORS OF
TECHNOLOGY IN CONSONANCE WITH THE SIMILARLY PLACED
OTHER BATCHES.
WP NO.42151/2015
BETWEEN :
SRI JERRIN ROY
AGED ABOUT 26 YEARS
S/O SRI ROY M IYPORAH
MUDAKARA, KUZHIYARA POST,
CHOTTANIKKARA, ERNAKULAM,
KERALA - 682 312. ... PETITIONER
(BY SRI K S BHEEMAIAH, ADVOCATE)
AND:
1. THE VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAUM - 590 018.
KARNATAKA STATE
REPRESENTED BY ITS REGISTRAR.
2. K V G COLLEGE OF ENGINEERING,
KURUNJIBAG - 574 327
SULLIA, D K
REPTD., BY ITS PRINCIPAL. ...RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1)
24
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.2 COLLEGE TO PERMIT THE PETITIONER
HEREIN TO ATTEND THE FINAL YEAR CLASSES, 7TH AND 8TH
SEMESTERS AND DIRECT THE R-1 UNIVERSITY TO PERMIT THE
PETITIONER HEREIN TO PAY THE EXAMINATION FEE FOR THE
7TH AND 8TH SEMESTER EXAMINATIONS, SINCE THE LAST DATE
FOR PAYING EXAMINATION FEE WRITING 7TH AND 8TH
SEMESTER EXAMINATIONS AND FURTHER TO ALLOW HIM TO
WRITE THE UNCLEARED PAPERS OF 5TH AND 6TH SEMESTER
EXAMINATIONS AND ETC.
WP NOS.38029 - 38031/2015
BETWEEN :
1. SRI ANIL KUMAR,
S/O UMASHANKAR,
AGED ABOUT 26 YEARS,
R/O 960, SRI VIBHA NILAYA,
A V R ROAD, KANAKAPURA,
RAMANAGARAM DISTRICT - 562 117.
2. SRI VIKRAM G
S/O M B GANESH,
STUDENT,
AGED ABOUT 25 YEARS,
R/O NO.4, DANYATHA HEALTH BLOCK,
RAMAKRISHNA NAGARA, MYSORE - 570 022.
3. SRI SAKET KANT SHARMA,
S/O NATTHI LAL SHARMA,
AGED ABOUT 28 YEARS,
R/O 726, 17TH MAIN ROAD,
BTM. 4TH STAGE, BDA LAYOUT,
DEVARACHAKKANAHALLI,
NEAR RTO OFFICE,
BANGALORE - 560 076. ... PETITIONERS
(BY SRI S R HEGDE HUDLAMANE, ADVOCATE)
25
AND:
1. REGISTRAR,
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAUM - 590 018
KARNATAKA STATE.
2. PRINCIPAL,
GOVERNMENT ENGINEERING COLLEGE,
MAIN ROAD, RAMANAGARAM - 562 159.
3. PRINCIPAL,
VIDYA VIKAS INSTITUTE OF ENGINEERING
AND TECHNOLOGY, ALANAHALLI,
BANNUR ROAD, MYSORE - 570 010.
4. PRINCIPAL,
SHIRADI SAI ENGINEERING COLLEGE,
SAI LIO NAGARA, ANEKAL,
BANGALORE - 562 106. ... RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED CIRCULAR DATED 15.6.2015 ISSUED BY THE R-1
VIDE ANNEXURE - B BY THE ISSUE OF WRIT OF CERTIORARI OR
ANY OTHER APPROPRIATE OR ORDER AS THE CASE MAY BE
AND ISSUE DIRECTION TO THE R-1 UNIVERSITY TO EXTEND
SIMILAR BENEFITS TO THE PETITIONERS, LIKE THAT OF
CIRCULARS ISSUED AT ANNEXURE - E, F, G TO THE
PETITIONERS WHO JOINED BE COURSE, IN THE YEAR 2007-08,
BY ISSUING A WRIT OF MANDAMUS AND ETC.
WP NO.1339/2015
BETWEEN :
SRI VINAY KASHYAP D.P.
S/O D R PADMANABHA,
26
AGED ABOUT 26 YEARS,
STUDENT,
R/O 237, 6TH MAIN ROAD,
RAJIVGANDHINAGAR, NANDHINI LAYOUT POST,
BANGALORE - 96. ... PETITIONER
(BY SRI S R HEGDE HUDLAMANE, ADVOCATE)
AND:
1. REGISTRAR,
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAUM - 590 018
KARNATAKA STATE.
2. PRINCIPAL,
SHIRADI SAI ENGINEERING COLLEGE,
SAI LEO NAGAR,
GUDDANAHALLI (PO), ANEKAL,
BANGALORE - 562 106. ...RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1;
SRI VARDHAMAN V GUNJAL, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED CIRCULAR ISSUED BY THE R-1 VIDE ANNEXURE - B
DATED 5.8.2014 AND DIRECT THE R-1 TO EXTEND SIMILAR
BENEFIT TO THE PETITIONER LIKE THAT OF CIRCULARS
ANNEXURE - C AND D, AND EXTEND SIMILAR BENEFITS AND
SIMILARLY SITUATED STUDENTS WHO JOINED THE COURSE IN
THE YEAR 2006-07 AND ETC.
WP NO.55097/2014
BETWEEN :
SRI PRAVEEN KUMAR H D
S/O DEVAIAH H
AGED ABOUT 27 YEARS,
STUDENT,
27
R/O NO.11/26, HEMAVATHI NEW EXTENSION
NEAR GANAPATHI PARK, K R PET POST AND TALUK,
MANDYA DISTRICT - 571 426. ... PETITIONER
(BY SRI S R HEGDE HUDLAMANE, ADVOCATE)
AND:
1. REGISTRAR,
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAUM - 590 018
KARNATAKA STATE.
2. PRINCIPAL,
GOVERNMENT ENGINEERING COLLEGE,
K R PET, MANDYA DISTRICT - 571 426,
K R PET TALUK. ...RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1;
SRI E S INDIRESH, HCGP FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED CIRCULAR ISSUED BY THE R-1 AS PER ANNEXURE -
B DATED 5.8.2014 BY ISSUE OF WRIT OR CERTIORARI AND
DIRECT TO THE R-1 TO EXTEND SIMILAR BENEFIT TO THE
PETITIONER, LIKE THAT OF CIRCULARS ANNEXURES - C AND
D, AND EXTEND SIMILAR BENEFITS AND SIMILARLY SITUATED
STUDENTS WHO JOINED THE COURSE IN THE YEAR 2006- 07
AND ETC.
WP NO.41070 - 41078/2014
AND WP NO.41081/2014
BETWEEN :
1. SRI SHARATH R
S/O RAMESH B S
AGED ABOUT 25 YEARS,
STUDENT, R/O NANJUNDESHWARA NILAYA,
THUNGAMARGA, KAUERI NAGAR,
28
1ST STAGE, MANDYA,
MANDYA DISTRICT - 571 401.
2. SRI PRASHANTH N
S/O NARAYANASWAMY V
AGED ABOUT 26 YEARS,
STUDENT, R/O NO.32, 8TH CROSS END
SHANTHI LAYOUT, RAMAMURTHY NAGAR,
BANGALORE - 560 016.
3. SRI SYED SHAMSUDDIN,
S/O SYED SAIFUDDIN,
AGED ABOUT 25 YEARS,
STUDENT, R/AT NO.3384, KUMANDANA MAHALA,
RAMANAGARAM DISTRICT - 562 159.
4. SRI SUJITH T
S/O K X THOMAS,
AGED ABOUT 26 YEARS,
STUDENT, R/O NO.832,
20TH A MAIN, 8TH BLOCK,
KORAMANGALA, BANGALORE - 560 095.
5. SRI VINAY KUMAR.V,
S/O VIJAY KUMAR L,
AGED ABOUT 29 YEARS,
STUDENT,
R/O NO.118, 10TH MAIN,
7TH CROSS, SARASWATHIPURAM,
MYSORE - 570 009.
6. SRI AMRITH RAJ V,
S/O PUSHAPARAJ V
AGED ABOUT 26 YEARS,
R/O NAVYA LODGE,
NADUPADAV, MONTEPADAV,
P O KAIRANGALA, MANGALORE - 574 153.
7. SRI ABDUL AZEEM A S
S/O ABDUL SALAM,
AGED ABOUT 26 YEARS,
29
STUDENT,
R/O NAVYA LODGE, NADUPADAV,
MONTEPADAV, P O KAIRANGALA,
MANGALORE - 574 153.
8. SRI ASISH K
S/O K P NARAYANAN,
AGED ABOUT 26 YEARS,
STUDENT, R/O NAVYA LODGE,
NADUPADAV, MONTEPADAV,
P O KAIRANGALA, MANGALORE - 574 153.
9. SRI SHANAF MON. A R
S/O A ABDUL RASHEED,
AGED ABOUT 26 YEARS,
STUDENT, R/O SHAN MANZIL,
KANKANADY P O, MANGALORE - 575 001.
10. SRI ASHOK KUMAR Y G
S/O LATE Y GURULINGA,
AGED ABOUT 27 YEARS,
STUDENT, R/I 1139/1,
KULEGODU BUILDING, ASHOKANAGAR,
1ST CROSS, MANDYA, MANDYA TALUK
& DISTRICT - 571 401. ...PETITIONERS
(BY SRI S R HEGDE HUDLAMANE, ADVOCATE)
AND:
1. REGISTRAR,
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAUM - 590 018
KARNATAKA STATE.
2. PRINCIPAL,
PES COLLEGE OF ENGINEERING,
MANDYA, MANDYA DISTRICT - 571 401.
3. PRINCIPAL,
VIDYA VIKAS INSTITUTE OF
30
ENGINEERING & TECHNOLOGY,
MYSORE - 570 010.
4. PRINCIPAL,
PA COLLEGE OF ENGINEERING
MANGALORE - 574 153.
5. PRINCIPAL,
NMAMIT INSTITUTE OF TECHNOLOGY,
NITTE, KARKALA TALUK,
UDUPI DISTRICT - 574 110. ...RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1;
R2 TO R4 - SERVED;
SRI ARAVIND V CHAVAN, ADVOCATE FOR R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED CIRCULAR ISSUED BY THE R-1 AS PER
ANNEXURE - B DATED 5.8.2014 BY THE ISSUED OF WRIT OR
CERTIOROR OR ANY OTHER APPROPRIATE OR ORDER AS THE
CASE MAY BE AND DIRECT THE R-1 TO EXTEND SIMILAR
BENEFIT TO THE PETITIONERS, LIKE THAT THE CIRCULARS
ANNEXURE - C AND D, AND EXTEND SIMILAR BENEFITS, AND
SIMILARLY SITUATED STUDENTS WHO JOINED THE COURSE IN
THE YEAR 2006 -07 AND ETC.
WP NO.39613/2015
BETWEEN :
SRI NAGARAJ BANDENNVAR H,
S/O HEBBALLEPPA,
AGED ABOUT 27 YEARS,
STUDENT,
R/O NO.39, DWARAKANAGARA 1ST STAGE,
1ST FLOOR, CHANNASANDRA,
NEAR RAJARAJESHWARI NAGAR,
BANGALORE - 560 067. ... PETITIONER
(BY SRI S R HEGDE HUDLAMANE, ADVOCATE)
31
AND:
1. REGISTRAR,
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAUM - 590 018
KARNATAKA STATE.
2. PRINCIPAL,
GLOBAL ACADEMY OF TECHNOLOGY,
IDEAL HOME TOWN SHIP
MYSORE ROAD, RAJARAJESJWARI NAGAR,
BANGALORE - 560 098. ...RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
1ST CIRCULAR DATED 5.8.2014 ISSUED BY THE UNIVERSITY AS
PER ANNEXURE - C AND ALSO CONSEQUENTIAL ANOTHER
CIRCULAR ISSUED ON 15.6.2015 VIDE ANNEXURE - G AND ETC.
WP NO.45492/2015
BETWEEN :
SOMRAJ SARKAR,
S/O CHANDAN KUMAR SARKAR,
AGED ABOUT 34 YEARS,
R/AT HOUSE NO.112,
ROOM NO.10, 6TH CROSS,
JAMIYA MASJID ROAD,
SOLADEVANAHALLI, HESARGHATTA,
MAIN ROAD, BANGALORE - 560 107. ... PETITIONER
(BY SRI B SRINIVAS, ADVOCATE)
AND:
1. M/S VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
BELAGAVI - 590 018.
REPRESENTED BY ITS VICE CHANCELLOR.
32
2. THE REGISTRAR,
M/S VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
BELAGAVI - 590 018.
3. THE PRINCIPAL,
ACHARYA INSTITUTE OF TECHNOLOGY,
ACHARYA DR.SARVEPALLI
RADHAKRISHNAN ROAD,
SOLDEVANAHALLI,
HESARAGHATTA ROAD,
BANGALORE - 560 090. ...RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO EXTEND THE TIME FOR COMPLETION OF
THE BE COURSE IN COMPUTER SCIENCE AND ENGINEERING
WITH THE R3 TILL JULY 2017 AND ETC.
WP NOS.45965 - 45969/2015
AND WP NO.45970/2015
BETWEEN:
1. AYUSH GUPTA,
S/O KULDEEP GUPTA,
AGED 27 YEARS,
NO.2, B.CHANNASANDRA,
5TH MAIN ROAD, OMBR LAYOUT,
BANGALORE - 560 043.
USN - IDB07EC022.
2. VINAY C S
C/O C T KRISHNAMURTHI,
AGED 27 YEARS,
ANNAPURNASHWARI KRUPA,
OPP. MANJUNATH COMPLEX,
JOGIMATTI MAIN ROAD,
CHITRADURGA - 577 502.
USN - 4SM07ME055.
33
3. SREENIVAS CHALBINDI,
S/O C T KRISHNAMURTHI,
AGED 27 YEARS,
AMMAPURNASHWARI KRUPA,
OPP. MANJUNATH COMPLEX,
JOGIMATTI MAIN ROAD,
CHITRADURGA - 577 502,
USN - 4SM07AU024.
4. VIJENDRA G S
S/O SIDDAPPA,
AGED 28 YEARS,
#167, GARAKAHALLI, CHANAPATNA TQ.,
RAMANAGARAM DISTRICT.
USN - $GK07ME025.
5. RAVIKUMAR H K
S/O KAPPANNA,
AGED 27 YEARS,
#15, 4TH CROSS, LAKKASANDRA,
BANGALORE - 560 030.
USN - 1BT09ME417
6. NAGARAJ S
S/O SUGUVEERAYYA S
BASAVARAJAIAH, # 1/A,
14TH MAIN ROAD, HAMPI NAGAR,
R.P.C. LAYOUT, VIJAYA NAGAR, 2ND STAGE,
BANGALORE - 560 040.
USN - 1BT09ME414 ...PETITIONERS
(BY SRI B B PATIL, ADVOCATE)
AND:
1. THE VICE CHANCELLOR,
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAVI - 590 018.
2. THE REGISTRAR,
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAVI - 590 018.
34
3. THE REGISTRAR (EVALUATION),
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELGAVI - 590 018.
4. THE PRINCIPAL
DON BOSCO INSTITUTE OF TECHNOLOGY,
KUMBALAGODU, MYSORE ROAD - 560 060.
5. THE PRINCIPAL,
SRI JAGADGURU MALLIKARJUNA
MURUGHARAJENDRA INSTITUTE OF TECHNOLOGY,
CHITRADURGA - 577 502.
6. THE PRINCIPAL,
GOVERNMENT ENGINEERING COLLEGE,
K R PET, MANDYA DISTRICT - 571 426.
7. THE PRINCIPAL,
BTL INSTITUTE OF TECHNOLOGY & MANAGEMENT,
259/B, BOMMASANDRA INDUSTRIAL AREA,
HOSUR ROAD,
BANGALORE - 560 099. ...RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1 TO R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE CIRCULAR DATED 15.6.2015, AT ANNEXURE - L, INSOFAR AS
RELATES TO THE BACHELORS OF ENGINEERING/BACHELORS
OF TECHNOLOGY COURSE, FIXING THE MAXIMUM TENURE OF
COMPLETION OF COURSE AT 8 YEARS AND DIRECT THE
RESPONDENTS TO ACCORD A MAXIMUM TENURE OF 10 YEARS
TO THE PETITIONERS FOR THE COMPLETION OF THE COURSE
OF BACHELORS OF ENGINEERING/BACHELORS OF
TECHNOLOGY IN CONSONANCE WITH THE SIMILARLY PLACED
OTHER BATCHES AND ETC.
35
WP NOS.56321 - 56322/2014
BETWEEN:
1. OMAN
S/O NAGOJI KESAREKAR,
AGED ABOUT 26 YEARS,
OCC:STUDENT,
R/O OLD TRT 4/22,
NEAR NIRMALNAGAR DANDELI,
TQ:HALIYAL, DISTRICT UTTAR KANNADA.
2. GIRISH G S
S/O SHIDDAPPA G S
AGED ABOUT 26 YEARS,
OCC: STUDENT,
R/O NUNKI SIDDESHWARA NILAYA,
NEHRUNAGAR, 3RD CROSS,
BARGERI ANGALA,
CHITRADURGA - 577 501. ...PETITIONERS
(BY SRI S Y SHIVALLI, ADVOCATE)
AND:
1. THE REGISTRAR (EVALUATION)
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA, BELAGAVI - 590 018.
2. THE PRINCIPAL SECRETARY,
GOVERNMENT OF KARNATAKA,
DEPARTMENT OF HIGHER EDUCATION,
VIDHANA SOUDHA, BENGALURU - 560 001.
3. THE PRINCIPAL,
S J M VIDYAPEETHA (R),
S J M INSTITUTE OF TECHNOLOGY,
NH4 BYE PASS,
CHITRADURGAR - 577 502. ...RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1;
SRI E S INDIRESH, HCGP FOR R2;
R3 - SERVED)
36
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED CIRCULAR DATED 5.8.14, AND NOTIFICATION
DATED 1.10.14, PRODUCED AT ANNEXURE - D AND E ISSUED BY
THE R1 AUTHORITY ARE ILLEGAL, ARBITRARY, AND
DISCRIMINATORY AND ETC.
WP NO.34555/2015
BETWEEN :
SRI KISHAN S SHETTY,
S/O SHRIDHAR S SHETTY,
AGED ABOUT 25 YEARS,
R/AT B-2, CHITHRAHAR APARTMENT,
BOJARAO LANE, DONGARAKERI,
MANGALORE, DAKSHINA KANNADA
DISTRICT - 575 001. ... PETITIONER
(BY SRI K A ARIGA, ADVOCATE)
AND:
1. REGISTRAR,
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
JNANASANGAMA, BELGAUM - 590 018
KARNATAKA.
2. PRINCIPAL,
VIVEKANANDA COLLEGE OF
ENGINEERING & TECHNOLOGY,
PUTTUR, DAKSHINA KANNADA
DISTRICT - 575 001. ...RESPONDENTS
(BY SRI T S VENKATESH, ADVOCATE FOR R1)
37
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED CIRCULAR ISSUED BY THE R-1 AS
PER ANNEXURE - A DATED 05.08.2014 AND DIRECT THE R-1
TO CONSIDER THE REPRESENTATION MADE BY THE
PETITIONER, VIDE ANNEXURE - G AND EXTEND SIMILAR
BENEFIT TO THE PETITIONER, LIKE THAT OF CIRCULARS
ANNEXURE - E AND F AND EXTEND SIMILAR BENEFITS
AND SIMILARLY SITUATED STUDENTS WHO JOINED THE
COURSE IN THE YEAR 2006-07 AND ETC.
THESE WRIT PETITIONS, COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
As the question of facts and law involved are similar in all these petitions, they are clubbed, heard together and are being disposed of by this common order.
2. The facts of the case in brief are that all the petitioning students were admitted to B.E. Course either in 2005 or thereafter. Their grievance is that the University is not permitting them to prosecute their Course and appear for the Examinations on the ground that they have not completed the B.E. Course within an outer limit of 8 years.
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3. Sri S.R.Hegde Hudlamane, learned counsel appearing for the petitioners in some cases submits that the University has been consistently relaxing the existing condition of maximum duration of B.E. Course. In support of his submissions, he relies on the circulars being issued from time to time by the respondent University. They are issued on 01.12.2005, 11.12.2009, 12.05.2010, 27.08.2010, 24.09.2011, 26.10.2012, 27.09.2013 and 01.10.2014 and 14.09.2015. He pointedly brings to my notice that once the students admitted in 2002 were permitted to appear for the examination in June - July 2015. Some students were permitted to take 10 to 13 years to complete the B.E. Course. He prays for a direction to the respondent University to extend the maximum duration relaxation to the present petitioning students.
4. He submits that some of the petitioners have already appeared for the examination by virtue of the interim orders and some students for whom examination was not due have been permitted to prosecute their studies.
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5. Sri B.B.Patil, learned counsel for some of the petitioners submits that the notification, dated 01.10.2014 provides for the imposition of penalty of Rs.3,000/- per subject for completing the course beyond the stipulated period of eight years. He prays for a direction to the University to extend the same benefit to the presently petitioning students also.
6. Sri G.R.Mohan, learned counsel appearing for the petitioners in W.P.No.53215/2014 submits that the petitioner sustained multiple injuries on account of a road traffic accident. On the medical ground he has been permitted to appear for the exams by paying the penal fee of Rs.3,000/- per subject.
7. Sri G.Nataraj, Sri K.K.Vasanth, Sri Subramanya Bhat, Sri K.S.Bheemaiah, Sri B.Srinivas, Sri S.Y.Shivalli and Sri K.A.Ariga make the submissions akin to the submissions made by Sri Hegde Hudlamane.
8. Sri T.S.Venkatesh, learned counsel for the respondent University justifies the University's refusal to permit the petitioners 40 to prosecute the B.E. Course on the expiry of the 8th year. He brings to my notice the Regulation No. OB 6.2 Regulations governing the Course of B.E. and B.Tech from 2006-2007. It reads as follows:
"OB 6.2 The candidate shall complete the course within a period of eight academic years from the date of first admission, failing which he/she has to discontinue the course."
9. He submits that after 2010, the University has not given any relaxation to any student in the matter of completing the B.E. Course within 8 years. He submits that the circulars to which the references came to be made by Sri Hegde Hudlamane are issued only to enable those of the students who had completed the Course but had not cleared all the subjects. He submits that if once an illegality is committed, it can not be perpetuated perennially. Relying on the Apex Court's judgment in the case of NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR. vs. COMMITTEE OF MANAGEMENT AND OTHERS reported in AIR 2006 SC 1415, he submits that the 41 concept of Article 14 carries a positive concept. Only because some illegalities had been committed by the Council in respect of another institution, the same may not by itself be a ground for perpetuating the illegality.
10. He sought to draw support from the Division Bench judgment of this Court in the case of YOGISH M. vs. VISHVESHWARAIAH TECHNOLOGICAL UNIVERSITY AND OTHERS reported in 2013 (2) AKR 55 to advance the submission that the Court's interference in the academic matters is not warranted.
11. Sri E.S.Indiresh, learned Government Pleader submits that the University's Regulations do not provide for the relaxation of the duration for completing the Course.
12. I see considerable force in the submission of Sri Venkatesh that the courts do not have the equipment or expertise to deal with the academic matters. Which course has to be 42 completed in how many years is to be decided by the academicians, educationalists and experts in the field.
13. But what cannot be overlooked or ignored in these cases is that the respondent University has been consistently relaxing the maximum duration condition. The respondent University appears to have put Regulation OB 6.2 into a state of disuse; there is abrogation of law by long non-user. Disusing and disregarding the said Regulation for years attracts the doctrine of desuetude.
14. On the touchstone of Article 14 of the Constitution of India also, this issue can be examined. It is not in dispute that many similarly placed students in the past have been given relaxation in the matter of maximum duration by virtue of 8 circulars relied upon by the petitioners. If the said benefit is denied to the similarly placed students, it would be violative of the right to equality guaranteed by Article 14 of the Constitution of India.
15. No convincing explanation is forthcoming from the respondent University as to how and why the departure was made 43 from the Regulation OB 6.2. In view of a large number of precedents, it is high time the respondent University takes a call on the subject of maximum duration for the completion of B.E. Course.
16. The ends of justice would be met by my allowing these petitions in part by directing the petitioning students to submit their individual representations through the College to the respondent University. This shall be done within one week from the date of the issuance of the certified copy of today's order. The respondent University shall consider the anticipated representations as expeditiously as possible and in any case within 10 days from the date of their receipt. The consideration of the petitioners' anticipated representations should not be cursory. The respondent University is required to consider the anticipated representations in the light of the precedents in the similar cases.
17. I am also of the considered view that in these cases, some transitional arrangement is also required to be made. The petitioning students are permitted to prosecute their studies and appear for the forthcoming semester examination subject to the 44 outcome of the consideration of their representations. If the respondent University resolves to relax the maximum duration condition the same has to be on an uniform basis. The Regulations and relaxations therefrom have to be the same for all the similarly placed students. The question of announcing the results of the examinations for which some of the petitioners have already appeared depends on the outcome of the consideration of the petitioners' anticipated representations.
18. No order as to costs.
Sd/-
JUDGE Cm/-