Allowed

Pavankumar M v. State of Karnataka

Karnataka HC18 Jan 2023WP/1267/2023

Case brief

AI extract

What is this about?

Students were denied admission cards for diploma examinations due to inadvertent late payment of fees despite having eligibility. The Karnataka High Court directed colleges to accept fees with prescribed late penalties and issue admission cards to prevent loss of an academic year.

What did the court decide?

Writ of mandamus issued to accept examination fees with late penalty and permit appearance in the examination by issuing admission cards.

Pavankumar M Vs State of Karnataka — Education and Admissions | Karnataka HC (2023)

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WP No. 1267 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON’BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 1267 OF 2023 (EDN-RES)

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BETWEEN:

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PAVANKUMAR M S/O MARUTHI AGED ABOUT 17 YEARS NO. GOPALAPURA SUNNAGARA STREET HIRIYUR, CHITRADURGA - 577 598 SINCE MINOR REP BY HIS NATURAL GUARDIAN MOTHER GEETHA C.T

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Digitally signed by V KRISHNA Location: HIGH COURT OF KARNATAKA

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SYED HASAAN S/O NAYAZ AHMED AGED ABOUT 18 YEARS NO. 367, 2ND MAIN ROAD HMT LAYOUT, ANAND NAGAR BENGALURU - 560024

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…PETITIONERS

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(BY SRI. MURALIDHAR H M.,ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF TECHNICAL EDUCATION BOARD OF TECHNICAL EXAMINATIONS VIKASA SOUDHA BENGALURU - 560001 REP.BY ITS SECRETARY

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WP No. 1267 of 2023

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GOVERNMENT POLYTECHNIC NH 48, YARADAKATTE HIRIYUR CHITRADURGA - 577 599 REP BY ITS PRINCIPAL/NODAL OFFICER

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MEI POLYTECHNIC COLLEGE CODE - 204 RAJAJINAGAR IV BLOCK, BENGALURU - 560010 REP BY ITS PRINCIPAL/NODAL OFFICER

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THE JOINT DIRECTOR (ADMISSION/EXAMINATION) GOVT POLYTECHNIC SESHADRI ROAD, K R CIRCLE NEAR M S BUILDING BANGALORE - 560001

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…RESPONDENTS

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(BY SMT.PRAMODHINI KISHAN, AGA FOR R-1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT TO THE RESPONDENTS TO RECEIVE THE EXAMINATION FEE FROM THE PETITIONERS WITH LATE FEE & ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 1267 of 2023

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ORDER

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The petitioners are students of respondent Nos. 2 and 3 – College pursuing their diploma course in Electronics Communication and Computer Science and Engineering. It is three year course and scheme of examination is semester system. The practical examination commences from 18.01.2023 to 27.01.2023, while the theory examination is scheduled from 30.01.2023.

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Petitioners acquired eligibility to appear for the said examination. Respondents notified the students for remittance of examination fee. But there was no classes and due to inadvertence, petitioners failed to notice the same and failed to pay the examination fee.

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On 17.01.2023, when petitioners approached respondent Nos. 2 and 3 to collect admission card, to their surprise the respondent Nos. 2 and 3 informed them that they have not remitted the examination fee on time and they will not be permitted to attend the examination. Even the Principal is not ready to accept the examination fee in view of the Circular issued by the Government.

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WP No. 1267 of 2023

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It is the case of the petitioners that they have not

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paid the examination fee on time as their financial condition is not very good and due to their inadvertence they are not permitted to take up the ensuing examination. It is the case of the petitioners that they are ready and willing to pay the examination fee and prepared to write the examination, but they have not paid the examination fee since the notification for payment of examination fee was not displayed on the notice board.

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It is the case of the petitioners that they have

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attended the classes regularly. They have made a representation dated 17.01.2023 to accept their examination fee with penalty, but the same was rejected by the respondent No.2 on the ground that they approached them after last date of making payment. Hence, the petitioners left with no other alternative are approaching this Court seeking the relief as sought for by them in the writ petition.

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Admittedly, the examination are yet to commence and the practical examination is scheduled to commence from 18^th January 2023 and the petitioners herein have their

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WP No. 1267 of 2023

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practical examination scheduled to commence from 19.01.2023. If the authorities are permitted to accept the fee along with whatever late fee prescribed by the respondents, petitioners would not be deprived of loss of one semester due to their ignorance and fault and they would save one precious academic year.

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It is necessary to note here that the practical examination is scheduled to commence from 18^th January 2023 and theory papers are scheduled to commence from 30^th January 2023. In view of the fact that examinations have not yet commenced and grievance of the petitioners is only with regard to late payment of examination fee, in my opinion, it is curable by the respondent No.2 – College with regard to fine and penalty prescribed in the Regulations as stated in Annexure-C.

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As per Annexure-C payment of examination fee without fine is from 15.10.2022 till 14.11.2022. In case of late payment, with payment the examination fee is payable from 15.11.2022 till 22.11.2022 by paying fine of Rs.50/- per semester examination at first stage. At second stage it is with

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WP No. 1267 of 2023

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fine of Rs.100/- per semester from 23.11.2022 till 30.11.2022. The stage three is with fine of Rs.200/- per semester from 01.12.2022 till 08.12.2022 and fourth stage the fine amount if Rs.400/- per semester from 09.12.2022 till 16.12.2022.

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In view of the last date having got over the petitioners are before this Court seeking leave of this Court for issuance of writ of mandamus to respondents to accept examination fee with late fee, penalty and permit them to take up examination for diploma course, which they are pursuing.

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In the similar situation, this Court allowed the writ petition in W.P. No.633 of 2023 and permitted the two petitioners therein to pay examination fee with payment of late fee and also directed the respondent No.2 – College to issue Admission Card / Hall Tickets. The petitioners in the present writ petition are also praying to grant similar relief as they are eligible for such benefits extended to the petitioners. Petitioners would be entitled to similar parity along with other students in aforestated writ petition.

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Accordingly, I pass the following order:

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WP No. 1267 of 2023

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ORDER

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(1) The writ petition is allowed.;

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(2) Writ of mandamus is issued to the respondent Nos.2 and 3 - College, to receive examination fee with prescribed late payment fee / penalty from the petitioners.;

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(3) The respondent Nos.2 and 3 – College, shall permit the petitioners to appear in the examination to the Diploma course, which they are pursuing, if they are otherwise eligible to take up the examination.;

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(4) In view of the fact that the examinations are scheduled to commence from 18.01.2023 and petitioners examination is scheduled to commence on 19.01.2023, the respondent Nos. 2 and 3 – College, are directed to accept the fee and issue Admission Card / Hall Ticket on or before 9.00am on 19.01.2023 to facilitate the petitioners to take up the examination on 19.01.2023.;

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WP No. 1267 of 2023

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(5) This order is subject to the eligibility of the petitioners otherwise in taking the examination.

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(6) The petitioners shall communicate this Order to the respondent Nos.2 and 3 - College by way of hand summons and also through telephonic information.

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SdJUDGE

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VK List No.: 2 Sl No.: 1

Pavankumar M v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Pavankumar M v. State of Karnataka

Case brief

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