High Court Karnataka High Court

Ravi Raj Singh vs The Vice Chancellor on 23 November, 2009

Karnataka High Court
Ravi Raj Singh vs The Vice Chancellor on 23 November, 2009
Author: Mohan Shantanagoudar
IN THE HIGH COURT OF KARNATAKA AT BANGALQRE

DATED THIS THE 239° my 09 NOVEMBER  

BEFORE

THE HON'BLE MRJUSTICE Mo;}{KN_ sHATNT'xwATeoQ5gRj«

WRIT PETITION No.432443--122OO9(EBE§}§:AAD§'*3  k  %

BETWEEN:

S/0 Raj Bahadur Singh' - 
Aged about 26 years "

Ravi Raj Singh .  ,.

R/a No.219, 3F_d'C.r0ss"   . 
AGB Layout;H(%s5arghatt.a=  A V  ~ 
Main Roa_d; BgIriga,_1ore+__9_Q;'    I , ..Petitioner

(By Sri  V IDIiInQ'dé_1I";vv--Adv.} J
AND : "  4' '

1. ;'I'f'1e,Vice Chaficellcr
" ' °'fi$yeshwa1'aiah.Technological
 Un§ver_sity, Belgaum
~ Hana  :3af1gama, Belgaum.

"The Sirar
"'«.._Vis_vesh*Waraiah Technological
University, Belgaum

 AA _ Jnaha Sangama, Belgaum.

  I;i'he Principal

The Acharya Institute of



Technologz, Soladevanahalli
Hessarghatta Main Road 5 
Banga1ore--560 090. ..Resporid.en.ts

(By Sri Basava Prabhu s. Patil, Adv., for R1 &  ' ;;-.0:  r.- 
Sri J. Sudhakar, Adv., for R3]  V 0'

This writ petition is filed under Arti_(:ies   "of 0 7. 

the Constitution of India, prayingflto1.di1'ect0"th'e 

permit the petitioner to take admission in :e.es'pVonden_t 

College to the Hi Year BE Couirsejfinfonnation Science] under

the New Scheme of Syfiaibus zeros};--- "

This writ petition   hearing in
B-Group, this d;iy._the  §:;1;ide'  V'fo1loWing:-
  i ; 9;.mi.._R D as 

ifietitioner"'."i_sV_'0'the...:'student of 3rd respondent-

Insffigution’~wfith_Sea’t_ N”o.IAY02IS074. He Was admitted

tor-Vitffing-ineveringiiCourse (BE) in the year 2002-03. He

the 151 semester examination in the year

2A002~03″_[vgianuary, 2003). He secured Zfid Ciass in the

said zexétmination. However, in the 2nd semester, the

–..Vpeti_i:ioner failed in one subject. Subsequently, the

fx,/v0

petitioner joined Sid Semester in the year 2003-04 and

failed to appear for laboratory (practical) exani’iri’atio;1s.

Petitioner took up 3rd and 4″‘ semester ex_ainina1ions.””inl’v.

the year 2005-06. He failed inthe

Thus, he was declared to

semesters till he cor11pletes’tll*i’e..yearlier

2. By the the petitioner
requested for readrnission in the
year syllabus was adopted
by the the petitioner had
to in the year 2007-08 for 3rd
semesterlu ” the petitioner has not

conzlpleted the V-..3?ffl____sr:mester. Since the petitioner has

» alread.y’«spent__8 years in the Course, his admission to

0′ automatically cancelled in View of the

Re§lula’ti,on4lNos.OB6.1 and 0136.2, which read thus:–

F,’//3

___s_
extend the time of eight years for completion of BE
Course. Hence, this writ petition is filed praying for a
direction to the respondents to permit the petitioner to
continue the Course in the respondent–eoii.eg§’*ifgf’vygpra

Year under new Scheme of Syllabus.

The Writ petition is oppioésecieby

University by filing the stat_er-nentttof obj

4. Though the’: new was adopted by the
University in the the petitioner

was ‘adoption of new syllabus by
the 2006, he cannot get over

Reg11_1ation’ The said Regulation of the

cleatrvluymtvreveals that the candidate shall

“theV:fcourse Within a period of eight academic

ye~arsV__vfrop;31’Atthe date of first admission, failing which

has to discontinue the Course. It is not in

it ‘~~V_d’i–s-pute that the petitioner being the student of BE

r¥_.m.J\,

% hill
Course has not completed the Course within eight years
from the date of his initial admission. Therefore, he will
have to discontinue automatically in View of Regulation
No.OB.6.2. He cannot continue his course”

years.

5. According to the petiti’Qner:;ih’e is ‘s~ufferiifIg from

illness i.e., Herpes Ensephalitis, it which fsiffects

memory power. It ‘seemS,y._.tuFI’€..__petitioners_by_i§)rodu.cing
the medical certificates,”–ihfas the Executive
Cou:’1c’1l for_’1″e_laXatio’n’ in his case.

Accwizjding 3 counsel appearing for the
Uiii\.!ersit.y;l the petitioner is rejected by the

Urijve.rs1i.y Rafter perusing the medical certificates.

» :V’i~iow.eyer;«.,_tl*1ve document at AnneXure–N does not reveai

of the petitioner was considered by the

Eiéiegrutixze Council of the University individually with

* V refeifence to the medical records.

we

Be that as it may, this Court does not wish to
COITl1’1″1E,’I1T. anything on merits of the matter, inasmuch

as, if the petitioner feels that his case ‘toriae

reviewed by the Executive Council, it is him”t–0

approach the Executive CO1,1I:1:Ci1 Ithe’Ii}riiver:siitv,1pfor ‘

appropriate reliefs. I-Iowever, since’ thet.”petiti_oner

not completed the Course required
under Reguiation can be granted in
this writ. petition. it i V

is dismissed.

HO\AitfV€§.’,’ the petitioner to approach the
so chooses, by producing the

re15e\-ramt medical_ records in support of his case. If such

..ap.p’}i,cat_i_on is made by the petitioner, the

” 1;esp<'indE:jnt?%University shail consider the request of the

petitioner on merits and in accordance with law

" iprefeiring to the medical records of the petitioner.

M

_ 3 _

The application of the petitioner shall be
considered by the respondent within four weeks from
the date of receipt of the application, if the application is

filed within two weeks from today.

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