Karnataka High Court
Mohammed Idress Ifran And Anr vs The State Of Karnataka& Ors on 13 September, 2017
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF SEPTEMBER 2017
BEFORE
THE HON'BLE MRS. JUSTICE S.SUJATHA
WRIT PETITION Nos.202066-067/2016 (EDN-EX)
BETWEEN:
1. Mohammed Idress Irfan
S/o Abdul Haq
Age about 29 years
Occ: Student, R/o Santrashwadi
Kalaburagi
2. Md Afzal Qhasab
S/o Shaik MD Azeem Qhashab
Aged about 27 years
Occ: Student
R/o Momimpura, Kalaburagi
...Petitioners
(By Sri Ameet Kumar Deshpande, Advocate)
AND:
1. The State of Karnataka
Represented by its Prl. Secretary
Dept. of Technical Education
M.S. Building, Bengaluru - 1
2. Visvesvaraya Technological University
"Jnana Sangama", Belgavi - 590 018
Represented by its Registrar
3. K.C.T. Engineering College
Kalaburagi - 585 104
Represented by its Principal
...Respondents
2
(By Sri A. Syed Habeeb, AGA for R1;
Sri Anand B. Shetty, Advocate for R2)
These writ petitions are filed under Articles 226 & 227 of the
Constitution of India, praying to issue a writ of certiorari and mandamus
and quash the circular dated: 6.4.2016 issued by the respondent No.2
herein in No. REF:VTU/Aca/Gen/2016-17/136, the copy of which is at
Annexure-C in so far as these petitioners are concerned and issue any
other writ, order or direction as may be necessary.
These petitions coming on for orders this day, the court made the
following;
ORDER
The petitioners have challenged the Circular dated 6.4.2016 issued by the Respondent No.2 in so far as these petitioners are concerned.
2. The petitioners are pursuing their course for the degree of bachelor of Engineering with the respondent No.3- College, affiliated to the respondent No.2-University. The petitioner No.1 was admitted to the course in the year 2005- 06 and petitioner No.2 was admitted in the academic year 2007-08. Being aggrieved by the circular dated 6.4.2016, in as much as not permitting the students who have completed 3 the maximum duration of the course to attend classes and to fill the examination forms, petitioners are before this Court, challenging the same.
3. It is significant to note that subsequent notification dated 27.10.2016, issued by the Respondent No.2-VTU has extended the duration to complete the degree of the students admitted during the academic year 2006-07 onwards. The tabular column of the notification, wherein additional years of benefit is granted to the students, reads thus;
Sl. Programme Year of Year of Additional Last Exam
No. admission Completi Years of permitted to
on of benefit complete the
Maximu granted Degree
m without any
Duration arrears
1 a) B.E./B. 2006-07 2013-14 2016-17
Tech (Regular and 2017-
and Lateral 2007-08 2014-15 18 (two July 2018
Entry) years)
2008-09 2015-16
b) B. Arch
(Regular) 2009-10 2016-17 2017-18
and July 2019
2018-19
2 B.E./B. Tech 2010-11 2015-16 2016-17 July 2018
(Only Lateral and 2017-
Entry 18
4
4. In view of the said Notification dated 27.10.2016, the petitioner No.2 who has been admitted to the course in the academic year 2007-08 is entitled for the benefit of the same.
5. By virtue of yet another Notification issued by the respondent No.2-VTU dated 5.4.2017, the students admitted to Under Graduate Courses under VTU prior to academic year 2006-07, who have completed the course in full and are not eligible for the award of degree due to backlog subjects, three more consecutive attempts to complete their degree i.e., June/July-2017, December-2017/January-2018 and June/July-2018 has been provided with.
6. In view of the said notification, petitioner No.1 is also entitled to take up the examinations in terms of the notification.
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7. By virtue of the interim order passed by this Court, the petitioners were permitted to appear for the examinations. Now, in view of the notifications issued by respondent No.2-VTU as aforesaid, petitioners are entitled to the benefits, flowing from the respective notifications as aforesaid.
Accordingly writ petitions are allowed. Respondent Nos.2 and 3 shall declare the results of the petitioners and shall issue marks cards along with certificates.
Ordered accordingly.
Sd/-
JUDGE BL