LAWS(KAR)-2020-11-156

KARTIK B. Vs. KARNATAKA STATE LAW UNIVERSITY

Decided On November 04, 2020
Kartik B. Appellant
V/S
Karnataka State Law University Respondents

JUDGEMENT

(1.) Petitioners who were pursuing the 5 year B.A.LLB., course in the 5th respondent Law College are at the door steps of the writ court grieving against non-consideration of their representations dated 14.02.2020 and 29.04.2020 at Annexures-H & H1 seeking extension of the benefits of Circular dated 31.10.2019 at Annexure-E so that they can appear in the ensuing examinations, which facility is made available to similarly circumstanced students of 3 year Law Course.

(2.) The respondent-University having entered through its Panel Counsel has filed a Statement of Objections dated 24.08.2020 resisting the writ petition contending that the grievance of the petitioner is squarely covered by the Division Bench judgment dated 30.05.2018 rendered in Writ Appeal Nos.1040-1042/2018 between S.Sunderarajan & others vs. Karnataka State Law University & others ; the Panel Counsel also submits that the Regulations/Statutes made by the University to some extent favourable to the petitioners are pending consideration for the grant of Assent of the Chancellor and therefore till Assent is granted, the University is helpless in the matter.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is convinced that substantially petitioners are similarly circumstanced as the litigants in the aforesaid writ appeal and therefore the relief cannot be claimed as a matter of right, at the hands of the University. The Division Bench (which comprised of Hon'ble CJ & KSDJ) at pages 5 & 6 of the judgment has observed that the students cannot have right to appear for the examinations beyond what has been conceded by the Regulations & Circulars of the University; so observing the writ appeals have been dismissed; the decisions on which learned counsel for the petitioners relied have been rendered by the single Co-ordinate Judges of this Court without noticing the law declared by the Division Bench; even otherwise, no concrete relief has been granted to the litigants in those cases too; that being the position, these petitioners cannot have a favourable treatment at the hands of the University.