Karnataka High Court
Sri Sachin D Deshpande vs The Visveshwaraya Technological on 27 October, 2022
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WP No. 18229 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 18229 OF 2021 (EDN-RES)
BETWEEN:
SRI SACHIN D DESHPANDE
S/O DHRUVARAJ DESHPHANDE
AGED ABOUT 43 YEARS,
R/AT FLAT NO.2, 9TH FLOOR,
TOWER 8, TATA NEW HAVEN
NEAR GOLDEN FARMS,
HOTEL SPA,
HUSKUR MAIN ROAD,
MATHAHALLI,
BENGALURU-562123
...PETITIONER
(BY SRI CHANDRAKANTH R GOULAY., ADVOCATE)
AND:
1. THE VISVESHWARAYA TECHNOLOGICAL
UNIVERSITY (VTU)
GYNANASANGAMA,
Digitally signed by
LAKSHMINARAYAN N BELAGAVI-590018
Location: High Court of
Karnataka REP. BY ITS REGISTRAR.
2. THE VISVESHWARAIAH TECHNOLOGICAL
UNIVERSITY(VTU)
GYNANASANGAMA,
BELAGAVI 590018
REP. BY ITS REGISTRAR(EVALUATION)
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WP No. 18229 of 2021
3. M S RAMAIAH INSTITUTE OF TECHNOLOGY
REP. BY ITS PRINCIPAL,
M.S.RAMAIAH NAGAR - 562112.
...RESPONDENTS
(BY SRI SANTOSH S NAGARALE, ADVOCATE FOR R1 AND 2;
R3 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-1 AND 2 TO ACCEPT THE SUBMISSION OF THE
DISSERTATION WORK SUBMITTED BY THE PETITIONER TO
SUBJECT THE PETITIONER FOR VIO-VOCE AND THEREAFTER
ISSUE COMPLETION CERTIFICATE IN THE POST GRADUATE
IN CHEMICAL ENGINEERING AND TO PASS APPROPRIATE
SUITABLE ORDERS; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY THE COURT MADE THE
FOLLOWING:
ORDER
In this petition, the petitioner has sought for the following reliefs:
a) Issue a Writ of mandamus directing the respondent Nos. 1 and 2 to accept the submission of the dissertation work submitted by the petitioner to subject the petitioner for viva-voce and thereafter issue completion certificate in the Post Graduate in Chemical Engineering and to pass appropriate suitable orders in the interest of justice and equity.
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b) Issue directions to respondent Nos. 1 and 2 to complete the process of acceptance of dissertation submitted by the petitioner on 29.08.2011 (Annexure-K) and on subjecting the petitioner for viva-voce issue course completion certificate in pursuance to prayer No.1 as above.
c) Pass any other order or orders as this Hon'ble Court deemed fit and proper to meet the ends of justice.
2. It is the case of the petitioner that, the petitioner has completed B.E in Chemical Engineering at SDMCT, Dharwad, in the year 2000 and the letter of the willing to pursue M.Sc Graduation in the 3rd respondent-Institution made on 28.04.2004 along with the guide of signature and Principal as per Annexure-A. The petitioner has successfully completed the course by appearing in theory examination in 2006 and eligibility certificate has been issued to him. Thereafter, the petitioner has continued with his research work and submitted dissertation in the same subject with the assistance of two guides i.e. Professor Mohandas Bhat and Co-guide Dr. Arun Patil. Thereafter, the petitioner has submitted the dissertation along with signature of the Head of -4- WP No. 18229 of 2021 the Department in Chemical Engineering on 29.01.2009 as per Annexure- D to the writ petition. It is further stated in the writ petition that 3rd respondent-Institution has submitted the Research Thesis of the petitioner, titled as 'Systematic Approach to the Design of Pharmaceutical Water System' and submitted the report by letter dated 15.04.2009, vide annexure-E to the writ petition along with the requisite fees. Thereafter, the said report was accepted in the nature of evaluation of research thesis and re-submitted the same for the award of M.S.Engineering on 27.04.2009 vide Annexure- F. Immediately, thereafter, the petitioner has made communication dated 21.01.2010 seeking correction of thesis by the panel of experts as per Annexure-G. However, such leave was not accepted by the panel and panel sought for clarification from the petitioner. Thereafter, the guide has re- submitted the thesis incorporating the suggestions as per Annexure-H. Same was not considered by the respondent- University. Therefore, the petitioner has approached the respondent-University as per letter produced Annexure-N to the writ petition. Since the respondent-University has not -5- WP No. 18229 of 2021 considered the re-submission of the corrected thesis of the petitioner, he has presented this writ petition.
3. I have heard Sri Chandrakanth R. Goulay, learned counsel appearing for the petitioner and Sri Santhosh S.Nagarale, learned counsel appearing for the respondents 1 and 2.
4. Sri Chandrakanth R.Goulay, learned counsel appearing for the petitioner argued that there is no impediment for the respondent-University to allow the petitioner to re-submit the corrected copy of thesis and therefore, writ of mandamus be issued to the respondent- University for providing an opportunity to the petitioner to attend viva-voce to issue the completion certificate in the P.G. Masters Degree. He further contended that Sri. Mohandas Bhat, is the guide of the petitioner, who himself has addressed a letter to the University as per the letter dated 29.08.2011 vide Annexure-K, regarding submission of the report, therefore, he submitted that the writ of mandamus may be issued to the respondent-University to allow the -6- WP No. 18229 of 2021 petitioner to appear for the viva-voce and to complete the procedure.
5. Per contra, Sri Santhosh S. Nagarale, learned counsel appearing for the respondents 1 and 2 submitted that Dr.Mohandas Bhat, who is the guide of the petitioner himself has disputed the signature of the petitioner on certificate as per Annexure-P to the writ petition and also Sri Santhosh S. Nagarale, learned counsel submitted that the writ petition deserves to be dismissed on the ground of delay and laches as the petitioner herein seeks correction to be made in the dissertation, filed in the year 2010 and writ petition is filed in the year 2021, after lapse of ten years, therefore, the writ petition deserves to be dismissed on the delay and laches.
6. In the light of the submission made by learned counsel appearing for the parties, it is not in dispute that the petitioner has proposed to carry out the research work in the Department of Chemical Engineering at M.S. Ramaiah Institute of Technology, Bengaluru and accordingly, synopsis of research work filed through the guide as per Annexure-B to the writ petition dated 07.10.2008. Letter dated 24.10.2008 -7- WP No. 18229 of 2021 issued by the respondent-University suggests that the petitioner was asked to appear before the panel members to evaluate his thesis as per Annexure-C to the writ petition and accordingly, the petitioner herein has submitted the dissertation on 29.01.2009 to the respondent-University. It is also forthcoming from the writ petition that the petitioner along with guide has re-submitted the thesis incorporating the suggestions made by the referees on 28.06.2010 vide Annexure-H to the writ petition. On 09.04.2012, the petitioner has approached the respondent-University requesting the University to accept the dissertation work by condoning the delay. Thereafter, the petitioner has sent e-mail to the respondent-University stating that the thesis is ready along with the signature of the guide and co-guide and as such, the perusal of the e-mail would indicate that the petitioner has completed the necessary correction in the thesis as per his e- mail dated 07.08.2020. On careful examination of the grievance urged in the writ petition is that, the petitioner was asked to submit the thesis by 29.01.2009 and as per Annexure-H letter dated 28.06.2010 addressed by the -8- WP No. 18229 of 2021 petitioner suggests that certain changes has been made and incorporated in the thesis and accordingly, sought for submission of the thesis. On careful perusal of Statement of Objections filed by respondent No.1, whereby, both the guide as well as co-guide has stated that they have not given any authority for resubmission of thesis and accordingly, taking into consideration the letter addressed by the guide dated 18.01.2022 vide Annexure- R2 to the writ petition, I am of the view that the petitioner is not pursuing the studies in a responsible manner and there is delay of 11 years, seeking for re-submission of thesis, after submitted the same on 28.06.2010. In that view of the matter, I find force in the arguments advanced by learned counsel for appearing for the respondent-University, that the writ petition is deserves to be dismissed on the ground of on delay and laches. Accordingly, writ petition is dismissed.
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JUDGE SB List No.: 1 Sl No.: 37