Karnataka High Court
Hemanth Kumar B. N. vs State Of Karnataka on 5 June, 2018
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 5th DAY OF JUNE 2018
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION Nos.52234-242/2017 (EDN-EX)
BETWEEN:
1. HEMANTH KUMAR B.N.
S/O NAGARAJ
AGED ABOUT 21 YEARS
BEHIND SHESHADRIPURAM COLLEGE
BANGALORE-78
1DS14AE066.
2. SAI. PRASHANTH N
S/O NARAYANA
AGED ABOUT 21 YEARS
#4/33, SUMUKHA, 7TH PHASE
J.P. NAGAR, BANGALORE-78
USN: 1DS14AE065.
3. ABHILASH MANJA
S/O VENKATESH MANJA
AGED ABOUT 21 YEARS
P/O NADA KUNDAPUR TALUK
1DS14EC003.
4. RISHAB K S SISODIA
S/O SUMATHILAL K.S.
AGED ABOUT 21 YEARS
#615, 14TH MAIN, K.S. LAYOUT
BANGALORE-78
1DS14ML025.
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Hemanth Kumar B.N. & Ors. Vs. State of Karnataka & Ors.
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5. SACHIN A. KRISHNAPURA
S/O H.K. ERAPPA
AGED ABOUT 20 YEARS
#847, 4TH CROSS
YESHWANTHPUR
BANGALORE-22
1DS14EE074.
6. AMIT .S
S/O K. SHEKAR
AGED ABOUT 21 YEARS
#20/B, MUNESHWARNAGAR
BANGALORE-70
1DS14EE104.
7. G. KIRAN KUMAR
S/O GUNDAPPA A
AGED ABOUT 21 YEARS
#17, PRASHANTHI NAGAR
ISRO LAYOUT, BANGALORE-78
1DS14EE031.
8. AMAN BAJAJ
S/O SURESH AGARWAL
AGED ABOUT 21 YEARS
#808, 37TH MAIN, 17 "D" CROSS
J.P. NAGAR, 6TH PHASE, BANGALORE-78
1DS14EC708.
9. HARISH
S/O RAJA A
AGED ABOUT 21 YEARS
#594, KORAMANGALA
8TH BLOCK, BANGALORE-95
1DS14EC717.
... PETITIONERS
(By Mr. RAJESH K.S. ADV., (ABSENT))
AND:
1. STATE OF KARNATAKA
PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT
Date of Order 05-06-2018 W.P.Nos.52234-242/2017
Hemanth Kumar B.N. & Ors. Vs. State of Karnataka & Ors.
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M.S. BUILDING
BANGALORE-560 001.
2. THE VICE-CHANCELLOR
VISHWESARAIAH TECHNOLOGICAL
UNIVERSITY, JNANA SANGAMA
MACHHE, BELAGAVI
KARNATAKA-590 018.
3. THE PRINCIPAL
DAYANANDASAGAR COLLEGE OF ENGINEERING
SHABIGE MALLESHWARA HILLS
KUMARASWAMY LAYOUT
BANGALORE-560 078.
4. CONTROLLER OF EXAMINATION
DAYANANDA SAGAR COLLEGE OF ENGINEERING
SHABIGE MALLESHWARA HILLS
KUMARASWAMY LAYOUT
BANGALORE-560 078.
... RESPONDENTS
(By Ms. PRAMODHINI KISHAN, AGA FOR R1
Mr. SANTOSH S. NAGARALE, ADV., FOR R2
R3 & R4 ARE SERVED & UNREPRESENTED)
THESE W.Ps. ARE FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-3 AND 4
TO PROVIDE THE SAME OPPORTUNITY TO PETITIONERS TO
APPEAR FOR FUTURE EXAMINATIONS OF THEIR COURSE ON
PAR WITH OTHER STUDENTS IN SIMILAR SITUATION WHO HAD
JOINED THE R-3 INSTITUTION FROM FIRST YEAR & ETC.
THESE W.Ps. COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
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ORDER
Mr. Rajesh K.S. Adv. for Petitioner (Absent) Ms. Pramodhini Kishan, AGA for R1 Mr. Santosh S. Nagarale, Adv. for R2 None appears for the petitioners.
2. Heard the learned counsel for the Respondent-VTU.
3. The petitioner has filed this writ petition in this Court on 16.11.2017 with the following prayers:
"Wherefore, the petitioners pray that this Hon'ble Court may be pleased to:
(a) issue a writ in the nature of
mandamus or certiorari directing the
Respondent Nos.3 and 4 to provide the same opportunity to petitioners to appear for future examinations of their course on par with other students in similar situation who had joined the respondent-3 Institution from first year.
(b) Grant any other relief this Hon'ble
Court deems fit in the facts and
circumstances of the case."
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4. Admittedly, the Respondent No.3- Dayanandasagar College of Engineering (College), Bangalore, an Autonomous college affiliated with Respondent No.2 - Vishwesaraiah Technological University (VTU). The relief claimed by the petitioners in the present case cannot be granted in view of the Notification issued by the Respondent-VTU regarding "ONE TIME EXIT SCHEME" which was not applicable to the Autonomous colleges like Respondent No.3-College and the said controversy has been decided by the cognate bench of this Court in W.P.No.3924/2018 (Habli Hussain -vs- Visvesvaraya Technological University) on 06.03.2018 in the following manner:
"6. Heard learned Advocates appearing for parties and perused the records.
7. Today, learned Advocate appearing for respondent-1 has filed a memo enclosing the communication dated 28.02.2018 issued by first respondent-
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University whereunder, it is stated that petitioner has been migrated from VTU scheme to autonomous scheme and as such, petitioner is not permitted to register in VTU's One Time Exit Scheme as it would not be applicable to autonomous college. It is also stated that autonomous colleges have their facility of fast track/make-up examination/mid-term examination and as such One Time Exit Scheme applicable to VTU students would not be applicable to autonomous colleges. Said memo is placed on record.
8. Perusal of the records would disclose that petitioner herein was initially in the non-CBCS scheme. In the year 2015, One time measure was introduced to the students who are admitted under non-CBCS scheme prior to the academic year 2014-15 to either stay in the said scheme or to exit from the said scheme. Undisputedly, in the instant case, second respondent - college being an autonomous institution, said option was not available to the autonomous colleges and as such, said option which was Date of Order 05-06-2018 W.P.Nos.52234-242/2017 Hemanth Kumar B.N. & Ors. Vs. State of Karnataka & Ors.7/8
extended to the VTU students cannot be held applicable to students studying in autonomous colleges. In that view of the matter, this Court is of the considered view that if the University or the autonomous institution like second respondent were to introduce such scheme for the students like petitioner herein, same would be applicable to them also.
9. However, this Court exercising jurisdiction under Article 226 of the Constitution of India cannot direct the University to introduce a particular scheme. Hence, the scheme introduced by first respondent - University to benefit the students like the petitioner, being a matter of policy has to be evolved by the Experts. Hence, it is left to the said autonomous bodies or institutions to take a decision in the matter by examining feasibility of introduction of such scheme. In that view of the matter, this Court is not inclined to entertain this writ petition.
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Subject to observations made hereinabove, writ petition stands disposed of."
5. The learned counsel for the Respondent-VTU therefore submitted since the present writ petitions are squarely covered by the said order of the cognate bench of this Court, the relief prayed for in the writ petitions cannot be granted to the petitioners.
6. No one has appeared on behalf of the petitioners though the name of Mr.Rajesh K.S., learned counsel appearing for the petitioners is shown in the cause list.
7. Hearing the learned counsel for the Respondent-VTU, the present writ petitions are disposed of in the aforesaid terms. No costs.
8. Copy of this order be sent to the petitioners.
Sd/-
JUDGE TL