Allowed

Akash Kumar K v. the Bangalore University

Karnataka HC22 Feb 2023WP/2891/2023

Case brief

AI extract

What is this about?

Students approached the High Court via writ petition seeking approval of their admission to a college after the University rejected their orders due to excess intake. The Court directed the University to consider the petitioners' representation and dispose of it within two weeks.

What did the court decide?

Writ of mandamus issued to Respondent 1 (University) to consider the petitioners' representation and decide the same within a time limit not exceeding two weeks.

Akash Kumar K Vs the Bangalore University — Education and Admissions | Karnataka HC (2023)

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WP No. 2891 of 2023

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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. 2891 OF 2023 (EDN-RES)

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BETWEEN:

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AKASH KUMAR K AGED ABOUT 19 YEARS, S/O K KARUPPASAMY COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE - 560090

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ASNAN MOHAMMED AGED ABOUT 19 YEARS, S/O ABDUL HAMEED COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE - 560090

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Digitally signed by VINUTHA M Location: High Court of Karnataka

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ANANDHU S AGED ABOUT 19 YEARS, S/O SUBHASH R COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE - 560090

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MOHAMMED MUSTHAQ AGED ABOUT 18 YEARS, S/O MOIDEEN K C COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE - 560090

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WP No. 2891 of 2023

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PRIYAN M P AGED ABOUT 20 YEARS, D/O PHILIP M J COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE - 560090

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PRUDHVI AGED ABOUT 19 YEARS, S/O RADHAKRISHNAN K COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE - 560090

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SHIMILAJ AGED ABOUT 19 YEARS, S/.O RIYAS COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE - 560090

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BIBIN KOCHUMON AGED ABOUT 18 YEARS, S/O KOCHUMON SAMUEL COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE - 560090

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DHANESH BABU AGED ABOUT 18 YEARS, S/O BABU COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE - 560090

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AKHIL KRISHNAN AGED ABOUT 19 YEARS

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WP No. 2891 of 2023

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S/O RADHAKRISHNAN K COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE 560090

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LIKITH P AGED ABOUT 19 YEARS S/O PRABHAKAR D COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE 560090

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JYOTHISH KALYAN AGED ABOUT 18 YEARS D/O JAYACHANDRAN P COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE 560090

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ADITHYAN AGED ABOUT 21 YEARS S/O SURESH BABU Y M

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COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE 560090

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MOHAMMED ARSHAD O AGED ABOUT 20 YEARS S/O ABDUR RAHMAN

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COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE 560090

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HRITHIK SONU AGED ABOUT 19 YEARS S/O SURESH K

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COURSE: BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE 560090

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SHUBHAN NAIR AGED ABOUT 19 YEARS

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WP No. 2891 of 2023

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S/O MURALEETHARAN NAIR COURSE BBA

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R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE 560090

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IBNU RAUF

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AGED ABOUT 21 YEARS S/O SAIJU ABRAHAM COURSE BBA

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R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE 560090

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NIKHINA SHYJU AGED ABOUT 18 YEARS D/O KOCHUMON SAMUEL COURSE BBA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE 560090

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ALEENA K AGED ABOUT 18 YEARS D/O ANIL KUMAR K COURSE BBA -AV R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE 560090

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NANDHAN K

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AGED ABOUT 18 YEARS S/O GIRISH KUMAR K COURSE BBA -AV R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE 560090

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MOHAMMED BIN NAZIR BAMER AGED ABOUT 19 YEARS, S/O NASIR BIN MOHAMOOD BAMER, COURSE BBA-AV, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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AJAL KRISHNA

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AGED ABOUT 21 YEARS,

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WP No. 2891 of 2023

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S/O ANILKUMAR K T, COURSE BBA-AV, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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SAURAV R AGED ABOUT 19 YEARS, S/O P SUNIL KUMAR, COURSE BBA-AV, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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TONDURU BABA FAKRUDIN AGED ABOUT 19 YEARS, S/O THONDUR BABA COURSE BBA-AV, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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AKHILESH U B AGED ABOUT 18 YEARS, S/O UMESH, COURSE BBA-AV, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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ANSIL BADUSHA AGED ABOUT 18 YEARS, S/O BADUSHA T COURSE BBA-AV, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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AKSHAY LAL AGED ABOUT 18 YEARS, S/O LALU COURSE BBA-AV, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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MOHAMMED FARHAN AGED ABOUT 19 YEARS,

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WP No. 2891 of 2023

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S/O MANAF A M COURSE BBA-AV, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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RAJ ANKUSH AGED ABOUT 18 YEARS, S/O DILIP KUMAR SINGH COURSE BBA-AV, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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NIHAL M K

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AGED ABOUT 18 YEARS, S/O DINESH BABU M COURSE- BCA R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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SANGEETH N T AGED ABOUT 18 YEARS, S/O MANOJAN COURSE -BCA, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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SNEHA SIBI AGED ABOUT 18 YEARS, D/O SIBIMON K C COURSE -BCA, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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SREERANGH N K AGED ABOUT 19 YEARS, S/O JITHESH BABU M K COURSE -BCA, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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ADITHYAN NAIR

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AGED ABOUT 18 YEARS,

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WP No. 2891 of 2023

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S/O P K RAVEENDRAN, COURSE -BCA, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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BENET TARZAN AGED ABOUT 18 YEARS, D/O TARZAN COURSE -BCA, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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ARJUN VAS AGED ABOUT 18 YEARS, S/O GIRESH COURSE -BCA, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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37. DARSHAN B

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AGED ABOUT 18 YEARS, S/O BHASKAR T COURSE -BCA, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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38. SHAHARBAN

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AGED ABOUT 18 YEARS, S/O MUHAMMED KUNJU M M COURSE -BCA, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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39. GEORGE JOSE

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AGED ABOUT 21 YEARS, S/O JOSE C V

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COURSE -BCA, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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JISHNU DEV

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AGED ABOUT 18 YEARS,

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8 - WP No. 2891 of 2023

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S/O GIREESH E T COURSE -BCA, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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MEBEL JAMES AGED ABOUT 18 YEARS, D/O JAMES THOMAS, COURSE -BCA, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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RITIK MAITY AGED ABOUT 18 YEARS, S/O MUKTI PADA MAITY, COURSE -BCA, R R INSTITUTE OF MANAGEMENT STUDIES, CHIKKABANAVARA, BANGALORE-560090.

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…PETITIONERS

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(BY SRI. SIJI MALAYIL.,ADVOCATE)

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AND:

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THE BANGALORE UNIVERSITY JNANABHARATHI CAMPUS, JNANABHARATHI BANGALORE - 560056 REPRESENTED BY ITS REGISTRAR (ADMINISTRATION)

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R R INSITUTE OF MANAGEMENT STUDIES RAJA REDDY LAYOUT, NEAR CHIKKABANAVARA RAILWAY STATION, HESARGATTA ROAD, BANGALORE - 560090 REPRESENTED BY ITS PRINCIPAL

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…RESPONDENTS

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(BY SRI. PRASANNA B R., ADVOCATE FOR R1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE

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WP No. 2891 of 2023

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WRIT OR ORDER IN THE NATURE OF MANDAMUS OR SUCH ORDER THIS HONBLE COURT MAY DEEM FIT TO CONSIDER THE REPRESENTATION DATED 05/01/2023 MADE BY THE PETITIONERS TO THE R-1 PRODUCED AT ANNEXURE-A AND CONSEQUENTLY DIRECT THE R1 TO APPROVE THE ADMISSION OF THE PETITIONERS IN THE R2-COLLEGE 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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Heard the learned counsel for the petitioners and the learned counsel for respondent No.1.

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The petitioners are students of BBA, BBA Aviation and BCA courses pursuing their studies in respondent No.2college. After the admissions to respondent No.2-college, the names of the petitioner were sent to respondent No.1University for admission and approval. It is submitted that respondent No.2-college was permitted to admit 60 students for BBA course, 120 students for BCA course and 60 students for BBA Aviation course. Respondent No.2 made a representation to respondent No.1-University to approve the admission of the petitioners to BBA, BCA and BBA Aviation courses. However, the representation made by respondent No.2-college was not considered by the University in view of the fact that the petitioners were in excess to the approved

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WP No. 2891 of 2023

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permission granted by the University and the University has clearly given an endorsement that the admissions of the petitioners could not be approved as they are excess students and they shall be discharged immediately from the college.

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Learned counsel for the petitioners submits that in the Syndicate of Bangalore University, a meeting was conducted and it was decided that the excess admitted students shall be taken in the subsequent academic year by reducing the intake. The petitioners who have been admitted to the college are now facing the wrath of not being approved by the University in view of excess admission having been made by respondent No.2. He also submits that he would not press prayer (b) in the writ petition and he would confine his writ petition to prayer (a) which is to consider the representation dated 05.01.2023 made by the petitioners with regard to approval of their admission to respondent No.2-College.

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Per contra, learned counsel for respondent No.1Univeristy contends that vide letter dated 22.12.2022 (Annexure-B), the excess admissions have been clearly mentioned with regard to BBA is excess of 18 students over

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WP No. 2891 of 2023

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and above 60, BBA Aviation being excess of 11 over 60 being the maximum and BCA being excess of 14 over and above 120 being the prescribed and approved admission. He also further contends that the representation was made by respondent No.2-College way back on 02.11.2022 seeking similar prayer as is sought in the representation made by the petitioners at Annexure-A and to which, respondent No.1-Univeristy issued an endorsement dated 22.12.2022 expressing its opinion that the students who have taken admission in respondent No.2college are in clear excess of the permission granted to the college for intake of students. Therefore, he contends that this is a dual litigation and the college has setup the students to come before the Court seeking for the same prayer which has already been rejected by the University.

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Be that as it may, learned counsel for the petitioners contends that as per Annexure-F, the Syndicate has the powers to consider the representation of the petitioners by accommodating them in the same year by taking necessary permission for additional intake or in the alternative by accommodating them in the subsequent year.

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Under these circumstances, the college having already explored the possibility of accommodating the petitioners-students for the present academic year which is not fruitful, the present writ petition is filed by the petitionersstudents seeking to consider their representation filed before respondent No.1-University.

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In view of the above, I deem it appropriate to dispose of the writ petition with a direction to respondent No.1University to consider the representation of the petitioners dated 05.01.2023 made to respondent No.1 vide Annexure-A in accordance with law and to dispose of the said representation within a reasonable time bound manner.

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Accordingly, I pass the following:

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ORDER

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i) Writ petition is allowed.

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ii) A writ of mandamus is issued to respondent No.1-University to consider the petitioners' representation dated 05.01.2023 in accordance with law and decide the said representation within a reasonable time not exceeding the

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WP No. 2891 of 2023

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outer limit of two weeks from the date of receipt of copy of this order.

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(iii) However, this Court has not expressed any opinion with regard to the petitioners being eligible or not eligible.

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Sd/JUDGE

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VM List No.: 1 Sl No.: 12

Akash Kumar K v. the Bangalore University

Case brief

What is this about?

What did the court decide?

Akash Kumar K v. the Bangalore University

Case brief

What is this about?

What did the court decide?

What the court decided

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