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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