Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5812 OF 2024 (EDN-RES) BETWEEN: VENKATESH H S/O SANNA HONNURAPPA, AGED ABOUT 59 YEARS, 3RD YEAR LLB STUDENT OF CHITRADURGA-577501 …PETITIONER (BY SRI. RAJU S.,ADVOCATE) AND:
1. THE PRINCIPAL CHITRADURGA-577501.
2. VICE CHANCELLOR Digitally signed KARNATAKA STATE LAW UNIVERSITY, by NAVANAGAR HUBBALI-580025 NARAYANAPPA LAKSHMAMMA
3. REGISTRAR EVALUATION I/C Location: HIGH COURT OF KARNATAKA STATE LAW UNIVERSITY, KARNATAKA NAVANAGAR HUBBALI-580025. …RESPONDENTS (BY SRI. SHIVANANDA D S.,ADVOCATE FOR R1; SMT. SARITHA KULKARNI., ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DTD. 23.01.2024 IN NO.KSLU/MPC/JUNE-
2023(OCT/NOV)2183 PRODUCED AS ANNX-D AND ETC. -2- THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs: i. Quash the impugned order dated 23.1.2024 in No. KSLU/MPC/June-2023(Oct/Nov)2183 produced as Annexure-D;
ii. Direct the respondents to allow the petitioner to take semester exams which would be conducted in the month of March 2024 as per exam notification No. KLSU/Exam/2023-24/2294 dated 17/2/2024 is produced as Annexure-E in respect of failed subject including 2nd Semester 3rd Year LLB Course Subject Family Law-II Mohd. Law & Indian Succession Law.
iii. Direct the Respondents to announce the Exam Results of the petitioner in all Backlog subjects, in the interest of justice and equity.
2. In the examination held in October-November 2023,
the petitioner being accused of indulging in malpractice, the Committee awarded a punishment directing the petitioner not to be allowed to take up next two available examination besides forfeiting his performance in the examination in which he committed malpractice by imposing penalty of -3- Rs.500/-. It is challenging the same that the petitioner is before this Court.
3. Notice having been ordered, respondents have
entered appearance. A memo along with documents have been filed. One of the documents is report of the squad in connection with malpractice of the petitioner along with a photocopy of the portion of the syllabus of the examination has been enclosed which was found in possession of the petitioner.
4. A perusal of the said enclosure would indicate that
the same relates to the syllabi and there being no denial of the same being found with the petitioner, I am of the considered opinion that the malpractice having been committed by the petitioner who had taken up the examination for second year law course who should be seriously aware of the applicable law and who ought to be follow applicable law, hence, such action cannot be condoned. In view of the -4- further considered opinion that the penalty which has been imposed by the University is commensurate with the malpractice committed by the petitioner.
5. With the aforesaid observations, the Writ Petition
stands dismissed. The petitioner is hereby cautioned not to indulge in such malpractices and having taken up the course of law, the petitioner has to comply with the applicable law while attending other examinations. Sd/- JUDGE PRS List No.: 2 Sl No.: 11