Karnataka High Court
Darshan C vs State Of Karnataka on 22 August, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.14516 OF 2021 (EDN-RES)
BETWEEN:
SRI. SUPREETH R KALLURAYA
S/O. SRI. M. K. RAVIKUMAR
AGED ABOUT 22 YEARS
R/AT NO.18, SUBHIKSHA
NANJAPPA LAYOUT, NARAYANAPURA
BENGALURU-560 077 ...PETITIONER
(BY SRI. MANJUNATH PRASAD H. N., ADV.)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
REP. BY ITS SECRETARY
VIDHANA SOUDHA
BENGALURU-560 001
2. THE KARNATAKA EXAMINATION AUTHORITY
GOVERNMENT OF KARNATAKA
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM, BENGALURU-560 012
REP. BY ITS EXECUTIVE DIRECTOR
3. VISHWESVARAYYA TECHNOLOGICAL UNIVERSITY,
JNANA SANGAMA
BELAGAVI-590 018,
REP. BY ITS VICE CHANCELLOR
4. NITTE MEENAKSHI INSTITUTE OF TECHNOLOGY
P.B.NO.6429, GOVINDAPURA
YELAHANKA, BENGALURU-560 064
REP. BY ITS PRINCIPAL
...RESPONDENTS
(BY SMT. H. C. KAVITHA, HCGP FOR R1;
SRI. N. K. RAMESH, ADV. FOR R2;
-2-
SRI. SANTOSH S. NAGARALE, ADV. FOR R3;
SRI. H. R. ANANTHAKRISHNAMURTHY, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
E-MAIL COMMUNICATION DATED 20.05.2021 SENT BY THE R3
TO THE R4 AT ANNEXURE-F AND CONSEQUENTLY QUASH THE
E-MAIL COMMUNICATION / INTIMATION DATED 28.07.2021
ISSUED BY THE R4 PRODUCED AT ANNEXURE-G AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
In this petition, petitioner has sought for the following reliefs:
a. Issue a writ of certiorari quashing the e-mail communication dated 20.05.2021 sent by the 3rd respondent to the 4th respondent at Annexure - F and consequently quash the E- mail Communication / intimation dated 28.07.2021 issued by the 4th respondent produced at Annexure - G, in the ends of justice.
b. Issue a writ of mandamus directing the 3rd and 4th respondent to grant USN (University Student Number) and allow the petitioner to complete MBA course, in the ends of justice and equity.
-3-
(b)(i) Direct the respondents to refund the fees collected from the petitioner with interest at the rate of 14% per annum.
(b)(ii) Direct the respondents to pay jointly and severally a sum of Rs.2,00,000/- (Rupees Two Lakhs only) as compensation for the damage caused to the petitioner on account of their negligence and mistake in determining the eligibility of the petitioner for M.B.A. Course, in the ends of justice and equity. c. Pass such other orders / directions as deemed fit to grant in the facts and circumstances of the case, in the ends of justice.
2. Heard learned HCGP for respondent No.1, learned counsel for respondent No.2, learned counsel for respondent No.3 and learned counsel for respondent No.4 and perused the material on record.
3. In addition to reiterating the various contentions urged in the Memorandum of Petition and referring to the documents produced by the petitioner, learned counsel for the petitioner invites my attention to the -4- material on record in order to point out that the petitioner completed her B.E. Course from respondent No.3-VTU in August-2020, pursuant to which the petitioner took the entrance exam conducted by respondent No.2-KEA for admission to MBA course in respondent No.4-College as evidenced by the admission order dated 31.12.2020, which indicates that the petitioner had paid the requisite fees on 29.12.2020. In pursuance of the same, the petitioner reported to respondent No.4-College and paid the requisite fees on 31.12.2020 itself. It is the grievance of the petitioner that despite the aforesaid facts and circumstances, respondent No.3 has issued the impugned communication at Annexure-F dated 20.05.2021 to respondent No.4-College intimating it that the petitioner was ineligible to continue the MBA course. Accordingly, respondent No.4-College has addressed a communication dated 28.07.2021 informing the petitioner that she is ineligible to continue the course and as such, the petitioner is before this Court by way of the present petition. It is contended that the impugned communications by respondent Nos.3 and 4 are illegal, arbitrary and vitiated -5- and the same deserve to be quashed and the respondent Nos.3 and 4 are to be issued directions to approve the admission of the petitioner to the MBA course and also other necessary directions in this regard.
4. Per contra, learned counsel for respondent Nos.3 and 4, in addition to reiterating the various contentions urged in the Statement of Objections submits that as per the circular dated 13.01.2021 issued by the KEA, the petitioner was not eligible/entitled to write the examination and consequently, she would not be entitled to get admission to the MBA program. It is therefore contended that there is no merit in the petition and that the same is liable to be dismissed.
5. A perusal of the material on record will indicate that the petitioner took the entrance exams conducted by the KEA on 13.10.2020 itself, much prior to issuance of the Circular dated 13.01.2021 relied upon by respondent Nos.3 and 4. In fact, as on 13.10.2020, the petitioner was entitled to get admission in terms of the Choice Based Credit System (CBCS) produced as Annexure-R2, which was in -6- force when respondent No.3-VTU issued the admission order dated 31.12.2020 in favour of the petitioner. It is also relevant to state that having issued the admission order after receiving the fees pursuant to which the petitioner got admitted to respondent No.4 college on 31.12.2020 itself, respondent Nos.3 and 4 are clearly estopped from contending that the petitioner was not entitled to be admitted to the MBA program for the year 2020-21.
6. Further, as rightly contended by the learned counsel for the petitioner, the Circular at Annexure-R4 dated 13.01.2021 prescribing the eligibility criteria is prospective and not retrospective and in the absence of any reference to the said internal circular to the KEA or the examinations conducted by it and the admission of students including the petitioner prior to 13.01.2021, no reliance can be placed upon the said Circular by respondent No3. and 4 in order to contend that the petitioner was ineligible and not entitled to get admitted into the MBA program for the year 2020-21. Under these circumstances, in view of the peculiar/special facts and -7- circumstances obtaining in the instant case, I am of the considered opinion that the impugned communications at Annexures-F and G issued by respondent Nos.3 and 4 respectively deserve to be quashed and necessary directions are to be issued to them in this regard.
7. In the result, I pass the following:
ORDER a. Petition is hereby allowed. b. The impugned e-mail Communication at Annexure-F dated 20.05.2021 and Annexure-G dated 28.07.2021 issued by respondent Nos.3 and 4 respectively, are hereby quashed.
c. Since, the petitioner has completed two years MBA programme / course as on today, respondent Nos.3 and 4 are directed to approve admission of the petitioner to the MBA programme/course for the year 2020- 2022 and also grant University Student Number (USN) to the petitioner and issue marks cards and graduation certificate -8- containing USN in favour of the petitioner within a period of four weeks from the date of receipt of copy of this order. d. It is made clear that this order is passed in the peculiar / special facts and circumstances of the instant case and shall not be treated as precedent nor have any precedential value for any purpose whatsoever.
Sd/-
JUDGE SV/Bmc