Disposed

Nithin v. Vs State of Karnataka

Karnataka HC13 Feb 2024WP/4040/2024

Case brief

AI extract

What is this about?

A diploma student who discontinued after five semesters due to his father's death sought re-admission to the sixth semester of the Diploma in Mechanical Engineering course. The court disposed of the petition directing him to approach the college for admission subject to intake limits and government approval, with an affidavit undertaking.

What did the court decide?

Petitioner permitted to seek re-admission to the college's sixth semester within intake limit, subject to government approval, affidavit undertaking not to claim equity, fees and formalities.

Nithin v Vs State of Karnataka — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:6055 WP No. 4040 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI

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WRIT PETITION No.4040 OF 2024 (EDN-RES)

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BETWEEN:

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NITHIN V., S/O LATE VASUDEVAIAH, AGED ABOUT 32 YEARS, R/O NO.303, NEAR EXCISE OFFICE, OLD GAS AGENCY ROAD, T.B. EXTENSION, NAGAMANGALA, MANDYA DISTRICT - 571 432.

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…PETITIONER

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(BY SRI H. KANTHARAJU, SENIOR COUNSEL FOR SRI RAVI H.K., ADVOCATE)

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AND:

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Digitally signed by GURURAJ D Location: High Court of Karnataka

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STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001.

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THE COMMISSIONER, THE DEPARTMENT OF COLLEGIATE AND TECHNICAL EDUCATION, PALACE ROAD, BENGALURU - 560 001.

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THE PRINCIPAL, GOVERNMENT POLYTECHNIC COLLEGE, K.R. PETE, MANDYA DISTRICT - 571 426.

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…RESPONDENTS

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(BY SRI PRINCE ISAAC, AGA FOR R1 TO R3)

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NC: 2024:KHC:6055 WP No. 4040 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO GRANT ADMISSION TO THE PETITIONER INTO THE 6^TH (SIXTH) SEMESTER OF DIPLOMA IN MECHANICAL ENGINEERING COURSE FOR THE ACADEMIC YEAR 2023-24 AS PER REPRESENTATION DATED 21.08.2023 VIDE ANNEXURE-L BY ISSUING A WRIT OF MANDAMUS AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This writ petition is filed seeking for following reliefs:

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"Direct the respondents to grant admission to the petitioner into the 6^th (Sixth) semester of Diploma in Mechanical Engineering Course for the academic year 2023-24 as per representation dated 21.08.2023 vide Annexure-L by issuing a writ of mandamus and etc."

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Sri H. Kanthraraju, learned Senior Counsel

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appearing for Sri Ravi H.K., advocate for petitioner submitted that petitioner had earlier got admitted to Diploma in Mechanical Engineering Course at Government Polytechnic College, K.R.Pete under registration no.116ME10027. When he had completed five semesters and was in sixth semester, due to unfortunate event of death of his father late Vasudevaiah on 09.09.2011, he was forced to discontinue studies.

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NC: 2024:KHC:6055 WP No. 4040 of 2024

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As his father was a 'D' Group employee in Department of Animal Husbandry, petitioner got appointment on compassionate ground and on 31.03.2016, successfully completed his probationary period.

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It was submitted that as per Regulation 16(iv) of Diploma Program for the Curriculum-2020, which came into force from academic year 2020-21 onwards permitted students of Diploma Courses to discontinue and take re-admission to Diploma Program and any time, within intake limit of college. Therefore, petitioner was entitled to seek re-admission for sixth semester. Hence, he filed representation to respondent no.2 as per Annexure-L on 22.08.2023 for grant of permission.

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It was submitted that petitioner had simultaneously made representation to Government, wherein on 27.12.2023 (Annexure-N), respondent no.1 had called upon respondent no.2 to examine and send proposal to Government, if its approval was required. It was further submitted that under similar circumstances, respondent no.1 had granted approval for re-admission to two other candidates dated 18.02.2022 as per Annexure-P. Relying upon same, sought for similar relief.

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NC: 2024:KHC:6055 WP No. 4040 of 2024

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On other hand, learned Additional Government Advocate appearing for respondents submitted that petitioner was admitted to Diploma Course during academic year 201011, when Diploma Course was governed under Regulation and Guidelines for Diploma Courses as per Curriculum-C-09/10. Said regulations stipulated maximum period for completion of Courses at three times duration of Course i.e. nine years. In case of petitioner who had joined Course in academic year 2010-11, period of nine years would expire in year 2020. As petitioner had sought permission for re-admission after lapse of said period, petitioner was not entitled for relief.

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It was further submitted that Diploma Course being regular Course with attendance requirement, petitioner who was Government Servant would be barred from pursuing studies during employment, without obtaining permission. Especially as no order granting permission for study leave was produced. It was further submitted that presently, Diploma Courses were following Curriculum-2020, which was different from Curriculum-C-09/10 and therefore sought for dismissal of petition.

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NC: 2024:KHC:6055 WP No. 4040 of 2024

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Heard learned counsel and perused writ petition

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record.

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From above submission, there is no dispute that petitioner had joined for Diploma in Mechanical Engineering Course at respondent no.3-College during academic year 201011. And that he discontinued Course due to death of his father when he had completed five semesters of said Course. Though, petitioner had joined Diploma Course when Curriculum-C-09/10 was in force, was forced to discontinue it due to death of his father, he had sought approval for re-admission as per Annexure-L, when Diploma Program for the Curriculum-2020 Regulations were in force, which under Regulation 16(iv) provide exit and re-entry to Diploma Program at any point without restriction. Outer limit for completion of Course was done away with. Thus, prima-facie petitioner would be entitled for relief. But, since respondents are required to verify whether such re-admission would be permissible in light of intake of respondent no.3-College and whether petitioner had applied for and obtained permission for study leave and also whether petitioner would be entitled for re-admission regardless of change in Curriculum would require to be examined by

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6 - NC: 2024:KHC:6055 WP No. 4040 of 2024

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respondents for granting approval/permission as done in case of some other similarly situated candidates.

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In view of submission that last date for admission would expire on 15.02.2024, keeping open contention of respondents that there was change in curriculum, whether petitioner is required to obtain permission for study leave, and also whether outer limit stipulated in earlier Regulations of Curriculum-C-09/10, and taking note of contents of Annexure-P wherein respondent no.1 had approved re-admission in respect of two other candidates with observation that Curriculum-2020 would provide re-admission at any time, petitioner deserves indulgence, especially as last date for admission for sixth semester was on 15.02.2024.

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Hence, it would be appropriate to dispose of writ petition permitting petitioner to approach respondent no.3College for admission with a direction to respondent no.3 to consider petitioner's request for re-admission, if it is within intake limit of college for sixth semester, subject to approval/permission by Government for re-admission.

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NC: 2024:KHC:6055 WP No. 4040 of 2024

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Petitioner shall file an affidavit undertaking before respondent no.3-College not to claim any equity, in case approval is not granted by Government and pay necessary fees and meet other admission formalities.

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Said re-admission would be subject to petitioner filing application for and obtaining permission/approval from Government that petitioner would be entitled to take re-admission for completion of Diploma Course beyond outer limit under Curriculum-C-09/10, sanction order for study leave etc., within period of four weeks thereafter.

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With above observations, writ petition stand disposed of .

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Learned Additional Government Advocate to communicate

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this order to respondents for compliance.

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Sd/JUDGE

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GRD

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List No.: 1 Sl No.: 49

Nithin v. Vs State of Karnataka

Case brief

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Nithin v. Vs State of Karnataka

Case brief

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