Karnataka High Court
Ms Pooja R Sheshagiri vs Visvesvaraya Technological on 23 November, 2020
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.50553 OF 2019 (EDN-RES)
BETWEEN:
MS. POOJA R. SHESHAGIRI,
AGED 19 YEARS,
STUDYING IN III SEMESTER,
ELECTRONICS ENGINEERING,
REG. NO.USN:1RV18EI036.
STUDENT OF R.V. COLLEGE OF ENGINEERING
(AUTONOMOUS INSTITUTE AFFILIATED TO VTU)
MYSORE RD, RV VIDYANIKETAN POST,
BENGALURU, KARNATAKA - 560 059. ... PETITIONER
(BY SRI.MALLI ANAND KUMAR, ADVOCATE)
AND:
1. VISVESVARAYA TECHNOLOGICAL
UNIVERSITY, JNANA SANGAMA,
BELAGAVI - 590 018.
REP. BY ITS REGISTRAR.
2. R.V. COLLEGE OF ENGINEERING,
(AUTONOMOUS INSTITUTE AFFILIATED TO VTU)
MYSORE RD, RV VIDYANIKETAN POST,
BENGALURU, KARNATAKA - 560 059.
REP. BY ITS PRINCIPAL. ... RESPONDENTS
(BY SRI. NAGARALE SANTHOSH
SUBHASHCHANDRA, ADV. FOR R-1.
R2 - SERVED)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE R-1 AND 2 TO PERMIT CHANGE OF BRANCH OF
PETITIONER WHO IS NOW STUDYING IN III SEMESTER OF
COMPUTER SCIENCE AND ENGINEERING IN R2-COLLEGE, ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THROUGH VIDEO CONFERENCING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking for a direction in the nature of mandamus directing Respondent Nos. 1 and 2 to permit change of branch of petitioner, who is now studying in III Semester of Electronics and Communication Engineering in Respondent No.2-College and also to issue a direction to Respondent No.1 to permit the petitioner to attend the regular classes in III Semester of Electronics and Communication Engineering.
2. During the pendency of this petition, this Court by an order dated 08.11.2019 permitted the petitioner to attend the III Semester internal and regular examination 3 of Computer Science Electronics and Communication Engineering, commencing from 11.11.2019 and to continue her education in the branch of Computer Science Engineering, which were subject to the result of the writ petition.
3. The matter has come-up for hearing in the month of October 2020. On an enquiry, the learned counsel submits that based on the interim order dated 08.11.2019, two Semesters have already been completed and the petitioner is now in Fifth Semester out of eight Semesters. In view thereof, the petitioner having already completed three Semesters in the changed course, the only ground on which the above matter was opposed was on account of belated submission of the change request, it would not in the interest of the student or the institution to now to consider the said objection. The petitioner being close to completion of the Fifth Semester, without adverting to the legal issue, in the interest of justice and equity, the petition is allowed by permitting the petitioner 4 to continue and complete her education in the course of Electronics and Communication Engineering.
Sd/-
JUDGE KGR*