IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA '
DATED THIS THE SR0 DAY OF 1VL0LRCH.;'_:'20':1'Q~.:5 _
BEFORE
THE I-ION'BLE MR. JUSTICE A-JJT
WRIT PETITION NO.So225 OI?V"2.QV1OV(EI)'N{.RES}~'3
BETWEEN
MOHAMMED JAVED, _
S/O BABA PATEL, V ;
AGED 19 YEARS
OCC. STUDENT, O
R/O PLOT NO,.2 O. . "
MACCA CO5LONY'.'V.V..:"~._ I '
NEAR MIRAJ MASJIO, '. T
GULBARGA_.' ...PETITIONER
(BY SHITTOAYOGIMATHASSOCIATES, ADV.,)
AND A
" TTTE DEPUTY COMMISSIONER,
2%." JOTATT DTREOTOR,
PRE~'£INIV'ERSITY EDUCATION,
1187" CROSS, SAMPIGE ROAD,
~ ~ A A MALLESTRNARAM, BANGALORE.
A 3} AA.RR1R'c1RAL FARHAN,
ix}
PRELUNIVERSITY COLLEGE,
NEAR HAFT GUMBAZ.
DARGAE ROAD,
GULBARGA.
[BY SR1 M KUMAR, AGA)
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This writ petition is flied under
227 of the Constitution of 'India, prayingto 'order the
respondent to declare the"-._PU_V II.' 'year science
examination No.17l2-GO ofvet’thei..’petitioner as per the
admission ticket for eézainiriation 4OffMarch 2009 as per
AnnexureGand etc., i
This pet.it’i;on- co:n’1ing.»~’on. for-wpr_teliminary hearing
this day, the the foiigwing:
Mr. ‘AGA is directed to take
notice for the re’spon~dents. .
» .fI’he”~pfC»i:\i’tioner claims that he is a student of
Pre– “Uni’versi.ty_ fcourse in one of the colleges in
Gillbarga. .. Apoarently there was shortage of attendance.
«i.’~i?_etijtionertWas not issued with an hall ticket. Petitioner
files a suit before the Civil Court. seeks temporary
injunction which has been granted directing t:he:.fBoard
to issue the necessary hall ticket and alsotti
examination fee. In View of the dir-ection issuedV”by.~ the ‘
Court, the examination fee .
petitioner was permitted it V
Since there was no fiiwtthegt—‘:iir.ejCtionp todddannonnce the
result a communication by the
petitioner to§.t}2e ..fo_rTf’a’nnouncement of
result. to Annexure F.
A.ppp-are’i’i:’t14):?;t ‘”i.s:”noticed that communication at
Annexure”sFiindicates” the petitioner did not have
– requisite attendance’ inasmuch as there was shortage of
‘attenda_r1ce;hIndeed but for the order passed by the civil
Coiirtt the”cj’j_dtiestion of petitioner appearing for the
exainination would not have arisen. Hence the
A v~?_petitioner at this point of time cannot take exception
and cannot seek a direction to the Board for
announcement of the result. Indeed when-‘jV’t1:te2j:é’,.A4is
shortage of attendance, the petitioner ia-; :reVq.1;1’i’reda.’V_’t’o
repeat the said course again. N0″merits”_,
4. Mr. M Kumar is fie-:_mittec1_ to
appearance within four weekelg