Smt Kaveri D/O Rajanna Hipparagi Vs the Vice Chancellor

SMT KAVERI D/O RAJANNA HIPPARAGI AGED ABOUT 33 YEARS, OCC: DRAWING TEACHER, C/O. DR. SHASHIKANT JOGALEKAR, TIRUMALA NAGAR, 11^TH WARD, CHITTAWADGI, HOSPETE.

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…PETITIONER

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(BY SRI. IRAPUR HANUMANTAPPA VENKAPPA & SRI. D.V. PATTAR., ADVOCATES)

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AND:

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THE VICE CHANCELLOR KARNATAKA UNIVERSITY, PAVATE NAGAR, DHARWAD-580003.

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ASHPAK KASHIMSA MALAGALADINNI

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Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THE REGISTRAR (EVALUATION) KARNATAKA UNIVERSITY, PAVATE NAGAR, DHARWAD-580003.

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THE PRINCIPAL VIJAYA COLLEGE OF FINE ARTS, P G ART CENTRE, T P AKKI ROAD, RAJEEV GANDHI NAGAR, GADAG-582101

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…RESPONDENTS

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(BY SRI. RAMACHANDRA A MALI., ADVOCATE FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, QUASHING THE IMPUGNED ENDORSEMENT LETTER NO. EXAM/PG/2024/MVA/777 DATED.

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2 -

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NC: 2025:KHC-D:3442 WP No. 103844 of 2024

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21/03/2024 ISSUED BY THE 2^ND RESPONDENT VIDE ANNEXURE-L 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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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioner is before this Court seeking for the following reliefs:

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a. Issue Writ of certiorari or any other writ, quashing the impugned endorsement letter No.Exam/PG/2024/MVA/777 dated 21.03.2024 passed by the 2^nd respondent vide Annexure-L.

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b. Issue a writ of mandamus, directing the 2nd respondent to follow the procedure/guidelines directions, issued by the Government order No.ED/197/UNE/2020, Bangalore dated 10.07.2020, vide Annexure-B.

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c. Issue writ of mandamus by directing the respondent No.2 to give directions to respondent No.3 to conduct of internal assessment test for consideration of internal assessment marks for the IVth semester examination held on September 2021.

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d. Pass any other order/s as this Hon’ble Court deems fit to grant in the circumstances of the case.

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The petitioner was a student of respondent No.3 – College. Having taken up a course in Master of Visual Art, respondent No.3 is affiliated to

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respondent No.2 - Karnataka University. The petitioner being in the final year in the year 2019-20 did not take up the theory or internal assessment/practical examination and subsequently had taken up the theory examination in the year 2021 but not internal assessment. Though the petitioner passed in the theory examination, the internal assessment marks were not awarded to the petitioner on the ground that the petitioner had not attended the classes and/or the internal assessment when the internal assessment was conducted. The petitioner had therefore submitted a representation for allotment of internal assessment marks taking into consideration that the absence of the petitioner was an account of Covid-19 pandemic more particularly due to her husband and mother-in-law both having been afflicted with Covid-19 and undergone treatment in the month of September 2020 and in that regard, she had produced the discharge summary of the mother-in-law and

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husband. This request made by the petitioner on 20/3/2024 came to be rejected by the respondent No.2 on 21.3.2024 on the ground that there is no provision for grant of internal assessment marks. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs.

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The submission of Sri.Irapur Hanumantappa, learned counsel for the petitioner by relying upon the Government Order dated 10/7/2020 is that if a final year student is unable to appear for the examination, the University was required to give an opportunity to appear in the next examination or for such course of paper which may conducted by the University as and when feasible so that the student is not put to any inconvenience or disadvantage. If at all the respondent could have called upon the petitioner to be present for internal assessment which the petitioner would have participated and as such, the assessment marks could have been awarded instead

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of rejecting the request of the petitioner in toto. His submission is that the examination has been held in September-October 2020, the mother-in-law and husband of the petitioner have been afflicted with Covid-19, having undergone treatment as inpatients, the discharge summary having been produced ought to have been taken into consideration by the respondent – University.

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Sri.Ramachandra A.Malli, learned counsel for respondents No.1 to 3 seeks to support the stand of the University by contending that there is no particular provision which would enable the assessment of the petitioner to award internal assessment marks and as such, the petitioner cannot seek for that but would have to redo the entire course since the period has also expired.

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Heard Sri.Irapur Hanumantappa Venkatappa, learned counsel for the petitioner and Sri.Ramachandra

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A.Malli, learned counsel for respondents No.1 to 3 and perused papers.

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This is a strange case where the University instead of encouraging students in completing the course has come in the way of the students completing the course that too on the basis of technicalities. The petitioner had taken up the theory examination and has cleared having secured high marks in the theory examination. It is only on account of the internal assessment not being completed that the petitioner has been declared fail and has been directed now to take up the entire course once again since the time period has lapsed though the age limit has not lapsed.

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Admittedly, the internal assessment was made in the month of October 2020. There is no dispute about the petitioner being absent for the internal assessment but the reason provided by the petitioner

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as indicated above is the affliction of Covid-19 to her mother-in-law and husband and the petitioner being under home quarantine due to she being the immediate relative , caregiver and of afflicted persons with Covid-19. The discharge summary which has been produced indicate that the date of

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discharge is 18/9/2020. The petitioner being the immediate family member in contact with the mother-in-law and husband, the practical/interview assessment having been conducted in the month of October 2020 is in close proximity with the discharge

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of the mother-in-law and husband from their hospitalization and a quarantine of 14 days having been directed by the hospital authorities, I am of the considered opinion that the said quarantine would have gone on to the first week of October 2020 as per the records. In such a situation, where two of the family members have been afflicted by Covid-19 and there being a quarantine for last nearly one and half months, it is rather sad that the University was

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expecting the student to appear for the internal assessment and for not having attended has imposed

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a harsh punishment of failing the petitioner and thereafter not even considering the request and representation made by the petitioner.

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It was expected of University to be more humane towards students and consider these reasons which had been given which ought to have been accepted by any right minded person in the University. The action on part of the respondent - University and its officers leave much be desired. In that view of the matter, I am of the considered opinion that the interest of the student in this circumstance as indicated above would have to be peculiarly considered and suitable orders be passed to protect the interest of the students and as such, I pass the following:

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ORDER

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i) The Writ Petition is allowed.

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ii) Certiorari is issued, the endorsement dated 21/3/2024 at Annexure-L issued by respondent No.2 is quashed.

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iii) A mandamus is issued directing respondent No.3 to conduct the internal assessment of the petitioner by fixing a date in a week commencing from 3^rd March to 7^th March and complete the assessment and submit the internal assessment marks to respondent No.2 to enable respondent No.2 to issue necessary certificate on the basis of the marks secured.

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iv) This Court hopes and believes that this time at least both the College and University would act in an humane manner.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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PRS / List No.: 1 Sl No.: 107

Smt Kaveri D/O Rajanna Hipparagi v. the Vice Chancellor

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Smt Kaveri D/O Rajanna Hipparagi v. the Vice Chancellor

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