Allowed

Abdul Rahman Kalegar v. State of Karnataka

Karnataka HC2 Feb 2023WP/2519/2023

Case brief

AI extract

What is this about?

Petitioners, student petitioners unable to pay examination fees on time due to financial constraints, sought direction to Board and College to accept fees and permit appearance. Court ruled in favor. Court directed respondents to accept fees with penalty and issue hall tickets if eligible.

What did the court decide?

Writ of mandamus issued to accept examination fees along with late fee/penalty if any and to permit petitioners to write fifth semester examinations and issue hall tickets.

Abdul Rahman Kalegar Vs State of Karnataka — Education and Admissions | Karnataka HC (2023)

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WP No. 2519 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^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.2519 OF 2023 (EDN-EX)

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BETWEEN:

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ABDUL RAHMAN KALEGAR S/O.MOHAMED ALI KALEGAR AGED ABOUT 18 YEARS R/AT NEHRUNAGAR SIRSI – 581 402

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KARTHIK R.KALAL

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S/O.RAJESH KALAL AGED ABOUT 18 YEARS R/AT RAMANBAIL SIRSI – 581 401

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SUJAN M.NAIK

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S/O.MARTHAND NAIK AGED ABOUT 18 YEARS

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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AMBAGIRI, 5^TH CROSS

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NELEKANI POST SIRSI – 581 402

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…PETITIONERS

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(BY SRI SANGAMESH R.B., ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF COLLEGIATE TECHNICAL EDUCATION M.S.BUILDING VIDHANA VEEDHI BENGALURU – 560 001

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WP No. 2519 of 2023

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THE SECRETARY BOARD OF TECHNICAL EXAMINATIONS (ELECTRONICS AND COMMUNICATION) PALACE ROAD

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BENGALURU – 560 001

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R.N.SHETTY POLYTECHNIC COLELGE SIRSI, UTTARA KANNADA DISTRICT-581 402 REPRESENTED BY ITS PRINCIPAL

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…RESPONDENTS

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(BY SMT.PRAMODHINI KISHAN, AGA FOR R1 & R2)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.2 AND 3 TO ACCEPT THE EXAMINATION FEES IN RESPECT OF EACH OF THE PETITIONERS AND PERMIT THEM TO WRITE THE EXAMINATION FOR FIFTH SEMESTER AS PER THEIR REGISTRATION NOS.327EC2001, 327EC20010, 327EC20019 RESPECTIVELY AND ETC.

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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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Registry has raised objection with regard to

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maintainability of this writ petition, in view of the fact that the petitioners are all the resident of Sirsi.

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The petitioners are all students studying in Diploma course in the third respondent-College having joined the course during 2020-2021. At present, they are studying in fifth semester (Electronic & Communication Engineering). The petitioners have cleared all the subjects of the previous

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WP No. 2519 of 2023

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semesters and they have sufficient attendance of more than 75% to appear in the next examination i.e. fifth semester. The theory examination of fifth semester is scheduled to commence from 10.02.2023. The petitioners could not pay the fee in time, which was scheduled to be paid on or before 31.12.2022. It is the case of petitioners that due to precarious financial condition of poverty and for other reasons, they were unable to pay the required fee on time. Nevertheless, the petitioners have approached respondent No.3-College during first week of January, 2023 for accepting the payment of fee for attending examinations. However, respondent No.3 did not accept the same on the ground that there was a delay in payment of necessary fee.

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The petitioners addressed several letters to respondent No.2-Board requesting for grant of time to pay examination fee, but the same was not heeded to. The petitioners have sufficient attendance to take up the examination or otherwise eligible to write fifth semester examination. To affirm this aspect, the respondent-College has issued confirmation letter at Annexure-C showing the attendance of the petitioners is above 75%. Due to inaction on the part of respondent No.2 in

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WP No. 2519 of 2023

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not accepting the fee for the fifth semester examinations from the petitioners, the petitioners are before this Court left with no other alternative remedy.

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Learned Additional Government Advocate for respondent Nos.1 and 2 contends that primarily, the petitioners have not moved the appropriate Bench for seeking relief. However, the fact remains that the examinations are scheduled to be commenced from 10.02.2023. Merely on the technical ground, this Court cannot ignore the want of time for the petitioners to approach the Bench having jurisdiction to consider the writ petition. However, it will not limit the scope of this Court under Article 226 of the Constitution of India and restrict or curtail the powers of this Court to provide necessary relief in favour of the petitioners. With these observations, in the peculiar facts and circumstances of the case which shall not act as a precedent, I proceed to pass the following:

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ORDER

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i) The writ petition is allowed;

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ii) Writ of mandamus is issued to respondent Nos.2 and 3 to accept the examination fee in respect of each of the petitioners along with late fee/penalty,

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WP No. 2519 of 2023

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if any and to permit the petitioners to write examinations of fifth semester as per their registration Nos.327EC2001, 327EC20010 and 327EC20019 respectively, if they are otherwise eligible and entitled to;

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iii) On payment of such fee and acceptance of the same, on fulfillment of eligibility criteria, respondent No.2 shall issue the hall ticket/admit card to the petitioners well within time.

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Sd/JUDGE

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LB List No.: 1 Sl No.: 26

Abdul Rahman Kalegar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Abdul Rahman Kalegar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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