Ms Nithya Bharadwaj (4Jn12Cs064) vs The Principal on 13 February, 2020

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Karnataka High Court

Ms Nithya Bharadwaj (4Jn12Cs064) vs The Principal on 13 February, 2020

Bench: P.B. Bajanthri

                           1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 13TH DAY OF FEBRUARY, 2020

                        BEFORE

      THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

           W.P. NO. 23724/2017 (EDN-RES)

BETWEEN:

MS. NITHYA BHARADWAJ (4JN12CS064),
AGED ABOUT 23 YEARS, IV B.E.
(COMPUTER SCIENCE), D/O MR. ANJAN, B.,
JAWAHARLAL NEHRU NATIONAL COLLEGE
OF ENGINEERING, NAVULE, SHIMOGA - 577 204.
RESIDENT OF VAINATEYA, # 5, 4TH CROSS,
S. ACHUTHA RAO LAYOUT, SHIMOGA - 577 201.
                                       ... PETITIONER
(BY SRI. S. ARUMUGHAM,
SRI. RAVIKANTH .A, ADVOCATES)

AND:

1.      THE PRINCIPAL,
        JAWAHARLAL NEHRU NATIONAL
        COLLEGE OF ENGINEERING,
        NAVULE, SHIMOGGA - 577 204

2.      THE REGISTRAR,
        VISVESWARAYA TECHNOLOGICAL UNIVERSITY,
        REPRESENTED BY ITS REGISTRAR (EVALUATION),
        SANTIBATAWADA ROAD, BELGAUM - 590 014.
                                       ... RESPONDENTS

(BY SRI. SANTOSH .S. NAGARALE, ADVOCATE FOR R-2.
R-1 SERVED BUT - UNREPRESENTED.)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT RESPONDENTS TO ALLOW THE PETITIONER TO
APPEAR FOR THE 8TH SEMESTER B.E., COMPUTER SCIENCE
EXAMINATION SCHEDULED TO BE CONDUCTED FROM
4.6.2017 AND DECLARE HIS 7TH AND 8TH SEMESTER
                               2




RESULTS ALONG WITH THE OTHER SIMILARLY SITUATED
STUDENTS RESULTS AND ETC.,

      THIS PETITION IS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:-


                          ORDER

In the instant petition, petitioner has sought for the following reliefs:

(a) Issue writ of mandamus or any other writ or direction directing the Respondents to allow the Petitioner to appear for the 8th Semester B.E. Computer Science examination scheduled to be conducted from 04.06.2017 and declare her 7th and 8th Semester results along with the other similarly situated students results in the interest of justice and equity.

(b) Declare that the Petitioner is eligible for 8th Semester under Regulation O.B. 7.1 of VTU.

(c) Pass such other relief that this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity.

2. On 05.06.2017 while ordering emergent notice, interim order was granted subject to the result of this petition and it was also made clear that 3 petitioner shall not claim any equity, in the event if writ petition fails.

3. In terms of O.B. 7.1 read with O.B. 7.2 of the VTU Regulations and the fact that petitioner had backlog of one subject in 3rd Semester and she is ineligible to appear for 7th Semester and consequently, for 8th Semester examination, to this extent University/respondents have extracted the aforesaid provision in Paragraph 6 of the statement of objections. Para.6 reads as under:

6. It is humbly submitted that petitioner is ineligible to attend 7th Semester as the petitioner did not met the eligibility criteria prescribed by the VTU Regulations. OB 7.2 is herewith reproduced as under:

           O.B.   7 PROMOTION               AND
       ELIGBILITY     FOR                   THE
       EXAMINATIONS

            OB 7.1 There shall not be any

restriction for promotion from an odd semester to the next even semester, provided the candidate has fulfilled the attendance requirement.

OB &.2 A candidate shall be eligible for promotion from an even semester to the next odd semester (i.e. to the next academic year) if the candidate has not failed in more than four heads of passing of the immediately preceding two semesters and has passed in all the subjects of all the still lower semester examinations.

A theory or practical shall be treated as a head of passing.

Illustrations:

a. A candidate seeking eligibility to 3rd semester should not have failed in more than 4 heads of passing of first and second semesters taken together.

b. A candidate seeking eligibility to 5th semester should have passed in all the subjects of 1st and 2nd semesters and should not have failed in more than 4 heads of passing of third and fourth semesters taken together.

c. A candidate seeking eligibility to 7th semester should have passed in all the subjects up to 4th semester and should not have failed in more than

4 heads of passing of 5th and 6th semesters taken together.

In the instant case, the petitioner had a backlog of one subject in the 3rd Semester and hence, she was ineligible to appear for the 7th Semester and for the fact that she had applied for Challenge Revaluation and failed. It is humbly submitted that if the petitioner 5 is to be promoted to 7th Semester, the petitioner should not have backlog up to 4th Semester. A copy of the Challenge Revaluation result of the petitioner and the communication dated 15/11/2016 addressed by the respondent No.2 university to the respondent No.1 college regarding Challenge Revaluation results of the petitioner is herewith produced and marked as ANNEXURE R-2 and R-3 respectively.

Admittedly, petitioner had the backlog of one subject in the 3rd Semester. Consequently, she is not eligible for participation in the process of 7th and 8th Semester examination. Accordingly, petitioner has not made out a case so as to grant relief of Writ of Mandamus to the respondents. Hence Writ Petition stands dismissed.

Sd/-

JUDGE Brn

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