Allowed

Rashmitha G.T. v. the Principal

Karnataka HC1 Feb 2023WP/1626/2023

Case brief

AI extract

What is this about?

This writ petition challenged an order deprecating the petitioner from a backlog subject. The High Court allowed the petition, directing the educational institutions to permit the petitioner to appear for the examination under the One Time Measure scheme notification.

What did the court decide?

Writ of mandamus issued to permit petitioner to appear for the examination on 03/02/2023 under the One Time Measure scheme.

Rashmitha G.T. Vs the Principal — Education and Admissions | Karnataka HC (2023)

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1 - WP No. 1626 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 1626 OF 2023 (EDN-EX)

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BETWEEN:

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RASHMITHA G.T. W/O M C BALASUBRAMANYA AGED ABOUT 22 YEARS NO.31B 1ST FLOOR D SOUZA NAGAR BEHIND PES UNIVERSITY COLLEGE BSK III STAGE BANGALORE-560085.

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…PETITIONER

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(BY SRI. NARENDRA GOWDA, ADVOCATE)

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AND:

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Digitally signed by VEERENDRA KUMAR K M Location: HIGH COURT OF KARNATAKA

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THE PRINCIPAL GLOBAL ACADEMIC OF TECHNOLOGY IDEAL HOMES TOWNSHIP OPP MYSORE ROAD RAJARAJESHWARI NAGAR BANGALORE-560098.

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THE REGISTRAR VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGHAMA BELAGAVI-590018.

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…RESPONDENTS

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WP No. 1626 of 2023

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(BY SRI. SANTHOSH S NAGARALE, ADVOCATE FOR R2)

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THIS WP IS FILED PRAYING TO-QUASH THE IMPUGNED ORDER DATED 24/11/2022 ISSUED BY THE RESPONDENT NO.2 MADE IN REF NO VTU/BGM/SA(1)/LC/2022-23/4402 VIDE ANNEXURE-D.DIRECT THE RESPONDENT NO.1 AND 2 TO ALLOW THE PETITIONER IN UPCOMING EXAMINATION TO BE HELD ON 03/02/2023 FOR 7TH SEMESTER I.E. POWER SYSTEM PLANNING SUBJECT, BY ISSUING WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTIONS.

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

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ORDER

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Heard the learned counsel for the petitioner

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as well as learned counsel for respondent No.2. The petitioner to take out hand summons to respondent No.1.

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The petitioner had joined the first respondent-Engineering College for the period 2011 to 2015 in Electrical and Electronics course by paying the necessary fee for the entire course.

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WP No. 1626 of 2023

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It is the case of the petitioner that she has completed the entire course of 8 semesters, except one subject in the 7^th semester i.e., Power System Planning, which is a backlog.

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The petitioner had cleared all the semester 1 to 6 in a single attempt without having any backlog. But unfortunately in the 7^th semester, the petitioner was unable to clear one subject i.e., Power System Planning. When the petitioner applied for payment of examination fee for remaining one subject of the backlog, the second respondent did not permit the petitioner to take up the examination on the ground that she is

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not eligible to participate or attempt the examination. The second respondent issued Annexure-D dated 24.11.2022 informing the petitioner that she cannot sit for the ensuing examination of the backlog subject of 7^th semester. Thereafter the petitioner paid the examination fee

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WP No. 1626 of 2023

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on 20.01.2022. But despite which, she was not allowed to attend the examination on the ground of non eligibility as stated in Annexure-D dated 24.11.2022. The petitioner made a request, but the same was rejected by respondent No.2 and hence the petitioner is before this court seeking for an order to permit the petitioner to appear for examination of the backlog of one subject in the 7^th semester i.e., Power System Planning and having completed the 8 semester course.

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It is the case of the petitioner that she is a brilliant student and she having cleared all the semester examinations in one attempt and due to certain unavoidable reasons she was unable to clear one subject of 7^th semester i.e., Power System Planning, which became backlog and if she is provided an opportunity she would, clear the same.

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WP No. 1626 of 2023

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Learned counsel for the second

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respondent has filed a memo today by serving a copy of the same on the other side bringing the notice of this court that the second respondent University has issued notification dated 09.12.2022 wherein there is some reprieve provided to the

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petitioner by virtue of an opportunity as a One Time Measure by vide a notification. The petitioner is covered under the benefit of this One Time Measure scheme by the notification dated 09.12.2022 and as per the University the students

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who have registered under the umbrella of VTU from the year 1998-99 would be entitled to the benefit of the said One Time Measure scheme. The petitioner is under the scheme as she has enrolled herself during the year 2011 and she is enrolled under the program of B.E., course. Therefore she would be squarely covered under this notification for One Time Measure scheme which would benefit the petitioner. In view of this notification the

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WP No. 1626 of 2023

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petitioner would be entitled to take up the examination under the scheme provided by VTU. Accordingly I pass the following:

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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 respondent Nos.1 and 2 to allow the petitioner to take up the upcoming examination which is scheduled to be held on 03.02.2023 for one subject in 7^th semester i.e., Power System Planning, in view of the notification issued by respondent No.2 dated 09.12.2022;

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(3) The examination fee if not received,

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shall be received by the college and forward the same to the University. If the same is not accepted the petitioner

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WP No. 1626 of 2023

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shall pay fresh examination fee as required by the college and university, if any with late fee or penalty, on payment of which the respondents 1 and 2 shall permit the petitioner to take up the ensuing examination scheduled to be held on 03.02.2023 and after accepting the same, they shall issue admit card/hall ticket to the petitioner without further delay by the end of 02.02.2023 and the same shall be

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communicated to the petitioner;

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(4) The petitioner shall follow the One Time Measure scheme formulated by the Visvesvaraya Technological University (‘VTU’) by complying necessary requirements as prescribed and contained in the notification dated 09.12.2022 more specifically with

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WP No. 1626 of 2023

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regard to online registration as stated in Clause(6) of the said notification;

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(5) The admit card/hall ticket shall be issued in pursuance to the compliance made by the petitioner, if the petitioner is otherwise entitled to and eligible for the said examination.

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Sd/JUDGE

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KMV List No.: 1 Sl No.: 28

Rashmitha G.T. v. the Principal

Case brief

What is this about?

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Rashmitha G.T. v. the Principal

Case brief

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