Allowed

Tanish S v. the State of Karnataka

Karnataka HC11 Jan 2023WP/633/2023

Case brief

AI extract

What is this about?

Petitioner students were initially permitted oral late payment of exam fees but were rejected by the college as the deadline had passed. The High Court allowed the writ petition, directing the Board to accept late fees with applicable penalties and permit the students to write the examinations.

What did the court decide?

Writ of mandamus issued to Respondent No.1 to accept Late exam payment fee and permit petitioners to take exams subject to conditions.

Tanish S Vs the State of Karnataka — Education and Admissions | Karnataka HC (2023)

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WP No. 633 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^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. 633 OF 2023 (EDN-RES)

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BETWEEN:

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TANISH S S/O SURESH J., AGED ABOUT 19 YEARS, R/A NO.12, 3^RD MAIN, SHIVA NAGARA, RAJAJI NAGARA, BENGALURU-570 010.

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VIMAL B S/O BABU AGED ABOUT 19 YEARS, R/A NO.89, 7^TH CROSS, KIRLOSKAR FOUNDRY, BENGALURU-570 022.

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(BY SRI. MAHENDRA G., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY THE SECRETARY, BOARD OF TECHNICAL EXAMINATIONS, THANTRIKA SHIKSHANA BHAVANA, SHESHADRI ROAD, BENGALURU-560 001.

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PRINCIPAL RAMAIAH POLYTECHNIC COLLEGE, MSR NAGARA, MSRIT POST, BENGALURU-560 054.

…PETITIONERS

…RESPONDENTS

WP No. 633 of 2023

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(BY SMT. PRAMODINI KISHAN, ADVOCATE FOR R1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO ACCEPT THE LATE EXAM PAYMENT OF EXAM FEES FROM THE PETITIONERS.

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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 appearing for the petitioners and learned Additional Government Advocate appearing for the respondent-State. Respondent No.2 is served but remained unrepresented.

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This petition is filed by the petitioners, who are 1^st year Electrical and Electronics Polytechnic students of respondent No.2-College. Respondent No.1-Board had fixed 03.01.2023 as last date for payment of exam fees. On 04.01.2023, the petitioners had written a letter to the Principal of respondent No.2-College requesting to accept the late payment of exam fees and petitioners were orally permitted to pay the exam fees on or before 05.01.2023. On the basis of such oral communication, the petitioners approached the respondent No.2-College for payment of exam fees, on 04.01.2023. However, same was rejected on the ground that last date for payment of exam fees was over i.e. 03.01.2023.

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WP No. 633 of 2023

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Being aggrieved by the same, the petitioner-students have approached this Court seeking direction to the respondents to accept the exam fees and permit them to write the examinations.

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It is seen that the practical examinations are scheduled to commence from 18.01.2023 and theory examinations from 30.01.2023. In view of the same, I deem it appropriate in the interest of justice and considering the career of the students and also examinations are yet to take place,to permit, petitioner-students to pay the exam fees and respondent No.1-Board shall accept the late fees by imposing penalty, if any, as per Rules and Regulations of the Technical Board and permit the petitioner-students to write the examinations, if they fulfill all requirements and subject to their eligibility and conditions of the Technical Board. With these observations, the writ petition is allowed .

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Writ of mandamus issued to Respondent No.1 to accept the Late exam payment fee from the petitioners and

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WP No. 633 of 2023

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permit the petitioners to take the exams subject to the terms

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and conditions stated above.

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SD/JUDGE

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SB List No. 1 Sl No.: 26

Tanish S v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Tanish S v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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