Allowed

Mohammed Sanaulla Khan v. the State of Karnataka

Karnataka HC17 Jan 2023WP/321/2023

Case brief

AI extract

What is this about?

Petitioners, students facing withheld first-semester results despite paying fees and attending classes, sought directions under Article 226 to announce results and permit third-semester examinations.

What did the court decide?

Writ of mandamus issued to announce first-semester results forthwith and issue admission tickets for the third-semester examination by 9.00 am on 18.01.2023.

Mohammed Sanaulla Khan Vs the State of Karnataka — Education and Admissions | Karnataka HC (2023)

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WP No. 321 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^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.321 OF 2023 (EDN-RES)

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BETWEEN:

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MOHAMMED SANAULLA KHAN S/O SHUJA AHAMMED KHAN AGED ABOUT 18 YEARS OCC STUDENT STUDYING AT D BHANUMAIAH S POLYTECHNIC UDAYAGIRI MYSURU 570 019

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JIBRAN PASHA S/O NAYEEM PASHA AGED ABOUT 18 YEARS OCC STUDENT STUDYING AT D BHANUMAIAH S POLYTECHNIC UDAYAGIRI

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MYSURU 570 019

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…PETITIONERS

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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(BY SRI.GOPALAKRISHNAN R.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION (TECHNICAL) M S BUILDING

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DR AMBEDKAR VEEDHI

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BENGALURU 560 001 REP BY ITS PRINCIPAL SECRETARY

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THE COMMISSIONER DEPARTMENT OF COLLEGIATE AND TECHNICAL EDUCATION PALACE ROAD

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WP No. 321 of 2023

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BENGALURU 560 001

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THE PRINCIPAL D BHANUMAIAH'S POLYTECHNIC UDAYAGIRI MYSURU 570 019

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BOARD OF TECHNICAL EXAMINATIONS TECHNICAL EDUCATION REPRESENTED BY ITS DIRECTOR PALACE ROAD BENGALURU 560 001

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…RESPONDENTS

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(BY SMT.PRAMODHINI KISHAN .,AGA FOR R-1, R-2 & R-4; SRI SAMPATH BAPAT, ADVOCATE FOR R-3

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO R3 AND MORE PARTICULARLY THE R4 TO ANNOUNCE THE 1ST SEMESTER EXAMINATIONS MARKS LAST WHICH WAS HELD DURING THE MONTH OF AUGUST -SEPTEMBER 2022 & ETC.

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

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ORDER

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Heard the learned counsel Mr. R. Gopalakrishnan appearing on behalf of for petitioners, learned AGA Smt. Pramodhini Kishan, appearing for respondent Nos. 1, 2 and 4 and learned counsel Sri Sampath Bapat, on behalf of respondent No.3.

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This petition is preferred by two students, who have taken admission for Diploma Course in the respondent No.3 – College. The first semester examination was conducted so also second semester, which the petitioners have attended by

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paying relevant fees during the month of August – September 2022. Admittedly, the petitioners have not paid examination fee for first semester, which was held during the month of January 2022.

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In the month of May 2022 the petitioners were permitted and paid examination fee for both first and second semester examinations, which is to be held during August – September 2022. Simultaneously, they have taken examination for both semesters.

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However, the respondent – Authorities have announced results of second semester and with held the results of first semester with respect to petitioners herein. The second semester provisional marks card was received by the petitioners.

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Pursuant to the examination held during August – September 2022, wherein petitioners have taken first and second semester examination, the respondent No.3 – College has taken the admissions or third semester with all the students including the petitioners. Accordingly, petitioners

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have paid admission fee and obtained admission and attended classes of third semester.

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However, petitioners were shocked to receive information from the respondent – Authorities that they were not permitted to take examination of ensuing 3^rd semester as they have not fulfilled the criteria for having not registered for the first semester with the respondent – Authorities.

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The contention of the learned counsel for petitioner is that the petitioners were regularly attending classes including practical and they have paid requisite fees for 3^rd semester also, but their first semester results were with held and 2^nd semester results were announced.

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The petitioner No.1 passed four subjects out of five subjects and petitioner No.2 completed three subjects out of 5 subjects. Hence, petitioners are before this Court seeking permission and direction to the respondent – Authorities to announce results of the first semester, which is shown as with held during the month of August – September 2022 and permit them to take examination with regard to 3^rd semester for which

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examination fee is collected by the respondent - college and is scheduled to be held from 18^th January 2023.

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Per contra, learned AGA representing respondents – State vehemently opposes grant of any relief to the petitioners as this would encourage flouting of legal process before this Court as petitioners are in violation of Regulation 14.1, as they have not registered for even and odd examination. Hence, result of first semester is with held and so also they have not registered first semester they are not entitled to move to the next semester.

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The learned AGA further contends that it appears it is becoming a general norm that students whenever they face difficulties in admission, payment of tuition fee and examinations, they are careless about their future career and the Colleges are also not bothered about the students admission, collection of fees and taking examination and also on other aspects.

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Learned AGA further contends that in the present case on hand, the petitioners have not registered themselves for the first semester, but they have taken admission and paid

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examination fee for the next second and third semester. Even they have succeeded in it by obtaining examination results, but which is in violation of the Regulation 14.1 for the calendar year 2020.

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Learned AGA further contends that the respondent - college was very well aware of Regulation 14.1 and 14.2 and they ought to have appraised the same to the petitioners before their admission and permitting them to take examinations after collecting relevant fees and petitioners should have not been put to the difficult position forcing them to approach this Court time and again by seeking reliefs. Petitioners are made to run pillar to post and corridors of this Court rather than concentrating on their studies. The Colleges are answerable to this situation and they have to be penalized for failure on their part. College is an Institution and not independent.

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Be that as it may, coming back to the facts and circumstances of the case, admittedly petitioners have taken the examination of both first and second semesters during the month of August – September 2022 and the results of the first

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semester is yet to be announced, which requires to be announced to proceed further, but the fact also remains that the examination fee for the second and third semesters is also paid and accepted and collected by the respondent – college.

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The present case on hand, is filed to facilitate the petitioners to take examination in January 2023 for 3^rd semester, but time and again this situation has arisen where the Courts are in helpless situation. The petitioners are young students and their future is in jeopardy. In these matters, taking a lenient view, this Court most of the times is in favour of the petitioners because their career should not be affected, which is bad in the eye of law and this is a direct violation of the Regulations framed by the University.

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On the contrary when such violation is found it should be the authority, which should penalize the institution for collecting fee and putting students in jeopardy. Admittedly, in Regulations of Diploma Programme for the Curriculum 2020, no such penal clause is prescribed. The respondent – Government will have to incorporate certain penal clause for such violations and breaches of the Regulations committed by

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the respondent – College, which is responsible for such action and forcing the students to approach the Court seeking for necessary reliefs of taking examination and announcing results.

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In the present case on hand, the petitioners are seeking for declaration of announcement of their results, which was with held for the first semester and for permission to take up 3^rd semester examination by issue of Admission Card / Hall Tickets. I am of the opinion that the present petition requires lenient consideration specifically to the two petitioners herein as a Special Case.

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Accordingly, I pass the following order:

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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 No. 4 – Board of Technical Examinations, Technical Education, to announce results of the petitioners held and conducted during the months of August – September 2022 for the first semester forthwith.;

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(3) Writ of mandamus is issued to the respondent No. 4 – Board of Technical Examinations, Technical Education, to issue Admission tickets / Hall Tickets in favour of the petitioners herein and permit them to take up examination of 3^rd semester scheduled to commence on 18.01.2023 subject to the other condition of their eligibility.

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(4) It is made clear that respondent Nos.1, 2 and 4 – State is at liberty to impose cost against the respondent No.3 – College for violation of Regulations consequently putting the students to difficult position and forcing them to approach this Court at the 11^th hour rather than, concentrating on their studies.;

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(5) The respondent Nos.1, 2 and 4 – State are at liberty to incorporate the penal clause in their Regulations suitably.;

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(6) It is also made clear that the respondent No.3 – College, shall display in the notice Board of their College during commencement of every

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10 -

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examination with regard to eligibility, approval, Regulations, registration of their admission and about compliance of Regulation and direct the students to follow it in true spirits.;

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(7) Since the examination is scheduled to commence at 10.00am on 18.01.2023, the Respondent No 4 is directed to issue Admission tickets / Hall tickets on or before 9.00am on 18.01.2023 to the petitioners herein.;

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(8) It is made clear that the aforesaid order shall not act as a precedent in any other case.

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Sd/JUDGE

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List No.: 1 Sl No.: 70

Mohammed Sanaulla Khan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mohammed Sanaulla Khan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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