Disposed

Sri M Theja v. Visvesvaraya Technological University

Karnataka HC22 Feb 2023WP/15293/2022

Case brief

AI extract

What is this about?

In this writ petition filed for permission to appear for backlog engineering examinations, the Single Judge noted that the petitioner had already sat for and cleared the scheduled examination pursuant to a prior interim order and result declaration. Consequently, the court disposed of the petition leaving the eligibility issue for the pending writ.

What did the court decide?

Writ petition dismissed as the petitioner had already cleared the examination pursuant to an interim order.

Sri M Theja Vs Visvesvaraya Technological… — Education and Admissions | Karnataka HC (2023)

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WP No. 15293 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 15293 OF 2022 (EDN-EX)

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BETWEEN:

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SRI M THEJA S/O D MUNISWAMY, AGED ABOUT 32 YEARS R/AT NO 1314, SRI SAI NILAYAM THIPPIAH LAYOUT DEVASANDRA MAIN ROAD K R PURAM, BENGALURU – 560 036

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… PETITIONER

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(BY SRI. P.N.NANJA REDDY, ADVOCATE)

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AND:

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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VISVESVARAYA TECHNOLOGICAL UNIVERSITY ”JNANA SANGAMA”, VTU MAIN RD BELAGAVI- 560 018 REPRESENTED BY VICE CHANCELLOR

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THE REGISTRAR (EVALUATION) VISVESVARAYA TECHNOLOGICAL UNIVERSITY

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WP No. 15293 of 2022

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JNANA SANGAMA, BELAGAVI 590 018

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SEA COLLEGE OF ENGINEERING AND TECHNOLOGY OFFICE AT EKTA NAGAR A KRISHNAPPA CIRCLE AYYAPPANAGAR DEVASANDRA MAIN ROAD VIRGO NAGAR POST, K.R.PURAM BENGALURU 560 049, REP.BY ITS PRINCIPAL

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…RESPONDENTS

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(BY SRI.AMBARESH.,ADVOCATE FOR SRI SANTHOSH S.NAGARALE, ADVOCATE FOR R-1 & R-2; NOTICE SERVED TO R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICELS 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE R1 AND 2 TO PERMIT THE PETITIONER TO APPEAR FOR THE EXAMINATION SCHEDULED TO BE HELD FROM 01.08.2022 AND THE PETITIONER BACKLOG SUBJECT EXAM IS ON 05.8.2022 & ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY FINAL HEARING, IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 15293 of 2022

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ORDER

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Heard learned counsel Sri P.N. Nanja Reddy, appearing on behalf of petitioner and learned counsel Sri Ambarish, appearing on behalf of learned counsel Sri Santhosh S. Nagarale for respondent Nos.1 and 2.

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The petitioner is a student of Engineering (Mechanical) and has successfully completed the Engineering course in the respondent No.3 – Sea College of Engineering and Technology, affiliated to the respondent No.1 – Vishveshvaraya Technological University.

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Petitioner had appeared for the examinations conducted by the respondents and completed all the subjects except 3 subjects which remain as backlog, ie., Design of Machine Elements, Dynamics of Machines and Turbo Machines.

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It is averred that respondent No.1 has issued a notification dated 13.09.2017 to enable the students of nonCBS scheme to complete their course in one time exit scheme to those students, who have failed to gain eligibility for promotion to 5^th and 7^th semesters as per Regulations during the academic year 2017-18 to permit them to continue their studies of 5^th and 7^th semesters.

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WP No. 15293 of 2022

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In view of the fact that petitioner was not eligible to

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the notification issued, earlier he filed a writ petition in W.P.No.14534/2021 before this Court for a direction to the respondents to notify and give the petitioner an opportunity to write examination as given to other students covered under the notification dated 29.07.2021. This Court passed an order on 17.08.2021 directing the respondents to given an opportunity to the petitioner if he is otherwise eligible as per notification dated 29.07.2021 and directed the petitioner to give a representation to the respondent No.1 - University to consider his case positively in the light of the observations made in W.P. No.775/2021.

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In W.P. No.775/2021 this Court passed an order on16.01.2021 directing the respondent No.1 - University to grant one more opportunity to the students. It is brought to the notice of this Court that the respondent No.1 - University had issued a notification dated 06.11.2020, whereby students who were admitted for the academic year 2010-11 were permitted to take up the examinations.

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The petitioner along with other students have given representation dated 30.08.2021 to the respondent No.3 –

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WP No. 15293 of 2022

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College to grant them two more opportunity to writ the examination in the examination held during December 2021 / January 2022 and June / July 2022. Petitioner paid fees for taking up the examination of remaining subjects, but the respondent No.3 – College refused to receive the examination fee saying that the petitioner is not eligible to take examination after lapse of 10 years.

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Being aggrieved by the said action of the respondent No.3 – College, the petitioner preferred a writ petition in W.P. No.4070/2022, in which this Court passed an order permitting the petitioner to take up examination. Pursuant to the said order petitioner paid examination fee on 22.02.2022 for all three subjects in view of interim order passed in the said writ petition on 14.02.2022, but respondent No.3 issued hall ticket and failed to make arrangements to the petitioner to take up examination on 22.02.2022. Therefore, petitioner could not take examination of subject Design of Mechanic Elements of 6^th semester and only took up examination in two subjects.

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On 27.06.2022 this Court directed the respondents to announce the results of the petitioner, who attended only for

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WP No. 15293 of 2022

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two subjects, where the results announced and petitioner succeeded in only one subject and with regard to other subject petitioner preferred another writ petition for revaluation in W.P. No.1308/2023, which is pending adjudication before this Court.

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It is submitted by the petitioner that he could not take up examination for Design of Mechanic Elements of 6^th semester. Accordingly, petitioner approached the respondent No.1 - University for permitting and taking examination fee, which was refused and hence aggrieved by the same, petitioner filed the present writ petition.

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During pendency of this writ petition, this Court passed an order dated 02.08.2022 granting relief to the petitioner by way of an Interim order permitting the petitioner to take up the scheduled examination conducted on 05.08.2022, subject to the condition that the petitioner shall not claim any equities and same would be subject to the final outcome of the writ petition.

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Thereafter, another order came to be passed by this Court on 17.02.2023 and pursuant to the said interim order petitioner has taken up the examination for Design of Machine Elements – II (Code – 10ME62) and further this Court directed

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WP No. 15293 of 2022

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respondent No.1- University to place the result of the petitioner for the said subject before Court.

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In pursuance to the said order dated 17.02.2023, results of the petitioner is placed before this Court by the respondent No.1 – University. On perusal of the said results, it is seen that the petitioner secured 15 marks in internal examination and 69 marks in theory examination and thereby he had passed in II Class.

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The present writ petition is filed to permit the petitioner to appear for the examination to be held on 01.08.2022 and petitioner to take backlog subject examination on 05.08.2022. By virtue of an interim order petitioner appeared in the said examination and in pursuance of the results, the petitioner cleared the said examination.

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Therefore, in view of the prayer having become satisfied with the declaration of the result and examination having been taken by the petitioner, the present writ petition would not survive for consideration.

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Accordingly, the prayer sought for by the petitioner in this writ petition has been met with a positive answer in pursuance of the interim order and declaration of the result by

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WP No. 15293 of 2022

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the respondent No.1 – University, this writ petition is disposed of.

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However, the eligibility criteria of the petitioner is kept open and to be decided in the another writ petition filed by him in W.P. No. 1308/2023, which is pending adjudication before

this Court.

Sd/JUDGE

List No.: 1 Sl No.: 22

Sri M Theja v. Visvesvaraya Technological University

Case brief

What is this about?

What did the court decide?

Sri M Theja v. Visvesvaraya Technological University

Case brief

What is this about?

What did the court decide?

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