A BE (Civil) student admitted in 2015-16 was denied marks cards and degree as he had only 200 credits, below the required 5 CGPA. The University's Equivalence Committee, as a one-time measure covering 68 similarly situated students, recommended awarding his degree; his grievance resolved and the petition was disposed of.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO.15492 OF 2022 (EDN-RES)
BETWEEN:
SRI BHARATH KUMAR DANDIN, S/O BASAVARAJ Y. DANDIN, AGED ABOUT 24 YEARS, R/AT NO.58, SECTOR 57, NAVANAGAR, BAGALKOT - 587 103.
…PETITIONER
(BY SRI CHANDRAKANTH R. GOULAY, ADVOCATE)
AND:
Digitally signed by GURURAJ D Location: High Court of Karnataka
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED LETTER/COMMUNICATION BEARING NO. VTU/EXAM/2022-23/438 DATED 02.07.2022 PASSED BY THE R-2 VIDE ANNEXURE-B AS WITHOUT COMPETENCE AND JURISDICTION AND ALSO ARBITRARY, ILLEGAL AND VOID AND ALSO IN VIOLATION OF THE ARTICLE 21 OF THE CONSTITUTION OF INDIA. DECLARE THE INSISTENCE OF POSSESSING MINIMUM OF 5 CGPA POINTS BY THE RESPONDENT UNIVERSITY TO THE PETITIONER HAVING BEEN ADMITTED THE ACADEMIC COURSE IN 2015-16 BATCH
NC: 2024:KHC:7061 WP No. 15492 of 2022
RETROSPECTIVELY AND HAS COMPLETED ALL THE SUBJECTS IN MARCH 2022 AS ARBITRARY ILLEGAL AND VOID AND OTHERWISE UNSUSTAINABLE IN LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking for following reliefs:
Sri Chandrakanth R Goulay, advocate for petitioner submitted that petitioner was admitted in respondent no.3-College for BE (Civil) Course during academic year 2015-16 and completed four years of study in year 2018-19. It was submitted though petitioner had cleared all subjects, he was not issued with Marks Cards and Degree Certificates, apparently on ground that he had acquired 200 credits which was below minimum prescription of 5 CGPA points. It was submitted that refusal to
NC: 2024:KHC:7061 WP No. 15492 of 2022
award Degree despite passing in all subjects was illegal and unsustainable.
stand disposed of.
Sd/JUDGE
GRD
List No.: 1 Sl No.: 40
2 issues framed by the court
Whether the University could retrospectively insist on a minimum 5 CGPA for award of degree to a student admitted in 2015-16 who passed all subjects.
Should the impugned letter withholding marks cards and degree certificate be quashed?
2 provisions across 1 enactments
Sri Bharath Kumar Dandin
Visvesvaraya Technological University, Belagavi (Rep. by the Registrar)
The Registrar (Evaluation), Visvesvaraya Technological University, Belagavi
The Principal, KLE Dr. M. Sheshgiri College of Engineering and Technology, Belagavi
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
