Allowed

Renuka Shetty v. State of Karnataka

Karnataka HC26 Mar 2021WP/6087/2021

Case brief

AI extract

What is this about?

High Court allowed writ petition filed by a law student seeking to appear for two pending papers. Court directed the Vice-Chancellor to collect examination fee online as an extraordinary case and permit the petitioner to write the balance exams scheduled for the following day.

What did the court decide?

Directed the 2nd respondent to collect examination fee online and permit the petitioner to write the two remaining papers in the upcoming examination.

Renuka Shetty Vs State of Karnataka — Education and Admissions | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE R DEVDAS

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WRIT PETITION NO.6087 OF 2021 (EDN - EX)

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BETWEEN

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RENUKA SHETTY W/O SHAILESH SHETTY AGED ABOUT 32 YEARS R/AT AZAD NAGAR NO.3, BLDG -46 ROOM-944, VEERA DESAI ROAD ANDHERI WEST, MUMBAI-58. …PETITIONER

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(BY SRI. K S RAJESH GOWDA, ADVOCATE)

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AND

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STATE OF KARNATAKA PRINCIPAL SECRETARY HIGHER EDUCATION DEPT M.S.BUILDING, BANGALORE – 560 001.

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THE VICE-CHANCELLOR KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBLI, KARNATAKA

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THE REGISTRAR KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBLI, KARNATAKA

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PRINCIPAL

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BMS LAW COLLEGE BASAVANAGUDI, BULL TEMPLE ROAD BENGALURU

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…RESPONDENTS

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(BY SMT PRAMODHINI KISHAN , AGA FOR R1, SRI.GANAPATHI N.BHAT, ADVOCATE FOR R2 AND R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R- 4 TO ISSUE EXAM APPLICATION FORM TO THE PETITIONER AND DIRECT THE R-2, 3 AND 4 TO ALLOW THE PETITIONER TO MAKE PAYMENT OF EXAMINATION FEE WITHOUT ANY PENALTY AND ALLOW HER TO APPEAR FOR IN ORDER TO CLEAR THE BACKLOGS IN COMING EXAMINATION WHICH IS GOING TO BE HELD ON 27.03.2021 AS PER TIME TABLE VIDE ANNEXURE-F AND ETC.

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

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ORDER

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R. DEVDAS J., (ORAL):

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The petitioner is a student of 3 years Law Course, studying in the 4^th respondent-Institution. The petitioner is from Mumbai, she was admitted to the Course during the Academic Year 2017-18.

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The grievance of the petitioner is that the 2^nd respondent-University is not permitting the petitioner to pay the examination fee and write the 6^th Semester Examination in two papers.

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Learned counsel for the petitioner submits that the petitioner had taken up the supplementary examination in three papers which were held during the month of November-December 2020 and the results were announced. However, since the petitioner had failed in two subjects, she sought revaluation and the revaluation results were announced on 18.03.2021. The petitioner has cleared one subject and therefore she was required to take up the remaining two papers. However, the 2^nd respondent-University issued revised notification dated 22.02.2021 announcing the dates of payment of examination fee. It is the contention of the learned counsel that as per the revised notification, the last date for payment of the examination fee without penalty was 26.02.2021 and for payment with penalty, it was on 01.03.2021. However, since the results of the revaluation of the supplementary examination were announced on 18.03.2021, the petitioner could

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not pay the fee as she was not aware whether she would pass in the subjects after revaluation.

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Sri. Ganapathi N.Bhat, learned counsel for 2^nd respondent-University would submit that even as per the revised notification, it is clear that the petitioner was permitted to pay the examination fee even without awaiting the results of the revaluation. It is submitted that time was extended till 21.03.2021, for payment of fees. It is an admitted fact that provision is made for the students to pay the examination fee online more so because of the COVID-19 pandemic. Learned counsel would therefore submit that the petitioner cannot make allegations against the 2^nd respondent-University for not making provision for payment of examination fee.

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Having heard the learned counsels and on perusing the

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petition papers, this Court finds that the petitioner was in a position to pay the examination fee, however, the petitioner has not paid the examination fee. But the interest of the student is to be borne in mind. No harm would be caused to the 2^nd respondent-University if the examination fee is directed to be collected and permit the

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petitioner to write the two remaining papers. Since the examinations have already commenced today, but the papers which are required to be written by the petitioner is scheduled to be held tomorrow i.e., on 27.03.2021, the examination fee shall be collected by making provision to collect the same online or in any other manner convenient. The examination fee shall be paid by the petitioner by 5.00 p.m. today.

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Consequently, this writ petition is disposed of with a direction to the 2^nd respondent-University to collect the examination fee online as an extraordinary case and permit the petitioner to write the examination in two papers as sought for.

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SD/JUDGE

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Renuka Shetty v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Renuka Shetty v. State of Karnataka

Case brief

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What did the court decide?

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