Dismissed

B Saravana Nathan v. the State of Karnataka

Karnataka HC20 Feb 2024WP/5037/2024

Case brief

AI extract

What is this about?

High Court disposed of three connected writ petitions filed by students of Karnataka State Law University seeking additional opportunities to clear backlog subjects and appear for examinations after the stipulated course duration expired. The court directed submission of representations for lenient consideration.

What did the court decide?

Direction to petitioners to submit representations; direction to KSLU to consider them leniently before Syndicate.

B Saravana Nathan Vs the State of Karnataka — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:7091 WP No. 5037 of 2024 C/W WP No. 5207 of 2024 WP No. 5256 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2024 BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 5037 OF 2024 (EDN-EX) C/W

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WRIT PETITION NO. 5207 OF 2024 (EDN-EX) WRIT PETITION NO. 5256 OF 2024 (EDN-RES) IN W.P.NO.5037/2024:

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BETWEEN:

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B. SARAVANA NATHAN, S/O BALASUBRAMANIAN, AGED ABOUT 59 YEARS, R/AT NO.205, I.N.T.U.COLONY, ARSARADI MADURAI, TAMIL NADU - 625 016, PH: 9843466420.

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…PETITIONER

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(BY SRI SUDARSHAN A.M., ADVOCATE)

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AND:

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Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka

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THE STATE OF KARNATAKA, DEPARTMENT OF EDUCATION, VIDHANA SOUDHA, DR. B.R.AMBEDKAR ROAD, BENGALURU - 560 001.

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INDIRA PRIYADARSHINI COLLEGE OF LAW ATTUR POST, YELAHANKA NEW TOWN, BENGALURU-560064.

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THE REGISTRAR, KARNATAKA STATE LAW UNIVERSITY, NAVA NAGARA, HUBLI-580 025.

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…RESPONDENTS

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(BY SRI PRINCE ISAAC, AGA FOR R1;

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V/O DATED 20.02.2024 NOTICE TO R2 IS DISPENSED WITH; SRI GIRISH KUMAR R., ADVOCATE FOR R3)

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NC: 2024:KHC:7091 WP No. 5037 of 2024 C/W WP No. 5207 of 2024 WP No. 5256 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) DIRECTING THE R2 AND R3 TO CONSIDER ANNEXURE-D1 TO D2 REPRESENTATION REQUEST MADE BY THE PETITIONER TO THE R2 AND R3 WITHIN SPECIFIED PERIOD. B) DIRECTING THE R2 AND R3 TO ISSUE A APPLICATION TO PETITIONER AS PER ANNEXURE-C1 TO C4 THE NOTIFICATION ISSUED BY THE R3 BEARING NO. KSLU/EXAM/2023-24/2226 DATED 08/02/2024 UNDER GOLDEN CHANCE PROVISION AND ETC.,

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IN W.P.NO.5207/2024:

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BETWEEN:

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SRI DADAPEER, S/O B.A. AHAMED, AGED ABOUT 39 YEARS, R/AT LABOUR UNION OFFICE ROAD, BEHIND RAILWAY STATION, SHANTHI NAGAR, TUMAKURU - 572 102.

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…PETITIONER

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(BY SRI FAYAZ SAB B.G., ADVOCATE)

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AND:

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THE VICE CHANCELLOR, KARNATAKA STATE LAW UNIVERSITY, NAVANAGAR, HUBLI-580025.

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THE REGISTRAR (EVALUATION), KARNATAKA STATE LAW UNIVERSITY, NAVANAGAR, HUBLI - 580 025.

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THE PRINCIPAL, VIDYODAYA LAW COLLEGE, TUMAKURU - 572 102.

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…RESPONDENTS

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(BY SRI GIRISH KUMAR, ADVOCATE FOR R1 & R2; V/O DATED 20.02.2024 NOTICE TO R3 IS DISPENSED WITH)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITTUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NO.1 TO PERMIT THE PETITIONER HEREIN FOR PAYMENT OF THE EXAMINATION FEE WITH PENALTY OF RS.100/- ON 22.02.2024 TO APPEAR FOR THE ENSUING EXAMINATION, WHICH IS

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NC: 2024:KHC:7091 WP No. 5037 of 2024 C/W WP No. 5207 of 2024 WP No. 5256 of 2024

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TENTATIVELY SCHEDULED TO BE HELD FROM 21.03.2024 FOR FIVE YEARS LLB DEGREE COURSE IN LAW. IN W.P.NO.5256/2024:

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BETWEEN:

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SRI SUHAS K.G., S/O K.V. GOPAL, AGED ABOUT 37 YEARS, R/A NO.15/4, KANAKAPURA ROAD, BASAVANAGUDI, BENGALURU - 560 004.

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…PETITIONER

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(BY SMT. ARCHANA K.M., ADVOCATE)

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AND:

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KARNATAKA STATE LAW UNIVERSITY, NAVANAGAR, HUBBALLI-580 025, REP. BY ITS VICE CHANCELLOR.

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REGISTRAR (EVALUATION), KARNATAKA STATE LAW UNIVERSITY, NAVANAGAR, HUBBALLI - 580 025.

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BMS COLLEGE OF LAW, BULL TEMPLE ROAD, BASAVANAGUDI, BANGALORE - 560 019.

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…RESPONDENTS

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(BY SRI GIRISH KUMAR, ADVOCATE FOR R1 & R2; V/O DATED 20.02.2024 NOTICE TO R3 IS DISPENSED WITH)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING CLAUSE 11 OF NOTIFICATION DATED 08.02.24 BEARING NO.KSLU/EXAM/202324/2226 ISSUED BY R1 AND R2 AT ANNEXURE-D. DIRECTING THE RESPONDENTS PERMIT THE PETITIONER TO FILL AND SUBMT APPLICATION, REMIT THE FEES AND APPEAR IN THE EXAM FOR THE SUBJECT CLINICAL COURSE-I PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM (SUBJECT CODE-2055)

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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4 - NC: 2024:KHC:7091 WP No. 5037 of 2024 C/W WP No. 5207 of 2024 WP No. 5256 of 2024

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ORDER

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Learned counsel for petitioners submit that subject matter of all these writ petitions are similar, hence they may be taken up together for disposal.

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Sri Sudharshan A.M., Sri Fayaz Sab B.G. and Smt.Archana K.M., learned counsel for petitioners in respective writ petitions submitted that petitioners in W.P.no.5037/2024 and W.P.no.5256/2024 were students of 3 year LL.B. Course; whereas, petitioner in W.P.no.5207/2024 was student of five year LL.B. Course. It was submitted that as per University Regulations, petitioners were required to complete Course within double the duration of Course. However, taking note of COVID-19 Pandemic, respondent no.1 - KSLU had issued Circular dated 01.09.2023 granting one more opportunity for completing Course to students who had taken admission from year 2009 upto 2014, in case of three year LL.B. Course and from year 2009 upto 2011, in case of 5 year LL.B. Course.

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It was submitted that petitioners in respective petitions had passed in most of subjects and that petitioners in W.P.no.5256/2024 and W.P.no.5037/2024 were having one backlog subject while petitioner in W.P.no.5207/2024 had three

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5 - NC: 2024:KHC:7091 WP No. 5037 of 2024 C/W WP No. 5207 of 2024 WP No. 5256 of 2024

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backlog subjects. It was submitted, if petitioners were provided with one more opportunity, they would clear all backlog subjects and Complete Course. It is also submitted that next ensuing Examinations were scheduled to be commence from 21.03.2024 and for which last date for payment of Examination fee with penalty was 22.02.2024 and therefore seek for expeditious disposal of writ petition.

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On other hand, Sri Girish Kumar R., learned counsel

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for KSLU sought to rely on following authorities:

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i) R Manoharan Vs. The Karnataka State Law University in W.A.No.1151/2018.

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ii) Sithartha Sankar Vs. and Others Vs. Karnataka State Law University and others reported in W.P.no.49427-49430/2017(EDN-EX).

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iii) Sri N Sivaganesan Vs. The Karnataka State Law University and Others in W.P.no.5344/2023.

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At outset, it was submitted that insofar as 5 year

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LL.B Course outer limit for completion of Course was not twice

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duration of Course, but was 5+2 years as per KSLU Statute and UGC Regulation. As none of petitioners had completed Course within outer limit stipulated, all petitioners were on par insofar as relief sought.

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NC: 2024:KHC:7091 WP No. 5037 of 2024 C/W WP No. 5207 of 2024 WP No. 5256 of 2024

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It was submitted, petitioners were not entitled to approach this Court for grant of opportunity for passing Examination beyond duration for completion of Course, as same would be within exclusive jurisdiction of University. It was further submitted that matter of providing one more opportunity to failed students would require to be placed before Syndicate of University and only on its recommendation, opportunity could be granted. It was however submitted that, in case petitioners were to submit representations, same would also be placed before Syndicate for consideration and necessary action in pursuance of same would be taken only after receipt of resolution of Syndicate. It was further submitted that question of permitting petitioners to pay Examination fee and appear for Examinations would arise only if resolution of Syndicate favours petitioners and until then petitioners were not entitled for any indulgence. On above submissions, learned counsel sought for dismissal of writ petition.

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Heard learned counsel and perused writ petition

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record.

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From above submission, it would appear that

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petitioners have failed to complete 3 Year / 5 Year LL.B. Course i.e. pass in all subjects of said Course within outer limit

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NC: 2024:KHC:7091 WP No. 5037 of 2024 C/W WP No. 5207 of 2024 WP No. 5256 of 2024

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stipulated in Regulations. Though petitioners are seeking for grant of additional opportunity, Division Bench of this Court in W.A.no.1151/2018 disposed of on 11.06.2018 has held writ petition seeking such relief would not be tenable. It was further submitted that in W.P.no.5344/2023 and connected matters disposed of on 23.03.2023, only relief granted by this Court was reserving liberty to submit representations to KSLU and directing it to consider them leniently on sympathetic grounds.

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In view of above, it would be appropriate to dispose of present writ petitions also, permitting petitioners to submit representations to KSLU, if not already submitted within one week from today, with a direction to KSLU to place representations before Syndicate for expeditious, sympathetic and lenient consideration and thereafter take appropriate action in terms of such recommendation without delay.

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With above observations writ petitions are disposed

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of.

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PSG

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List No.: 1 Sl No.: 16

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Sd/JUDGE

B Saravana Nathan v. the State of Karnataka

Case brief

What is this about?

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B Saravana Nathan v. the State of Karnataka

Case brief

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