ASHWINI KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are students studying in Nittur Polytechnic College, Bidar, Government Polytechnic College, Bidar, Government Polytechnic College, Aurad (B), Yadgir Polytechnic College, Yadgir and Nivedita Polytechnic College, Yadgir in different branches of Diploma Courses which colleges are controlled by second respondent. Petitioners-1 to 13 claim to have completed their course in fourth semester and were anticipating to be admitted to fifth semester and petitioner No. 14 is seeking admission to third semester after having compiled course in second semester. Petitioners are seeking for quashing of the Circular dated 24.07.2012 Annexure-A issued by second respondent whereunder the carry over system to next semester is permitted only in the event of candidates having not failed in not more than 8 subjects in previous semesters and also for a direction to full carry over system as per circular dated 02.08.2010 Annexure-C.

(2.) Learned Counsel for the petitioners and respondents would fairly submit that similar writ petitions were filed before Principal Bench at Bangalore and an order came to be passed on 10.09.2012 in W.P. Nos. 32330-437/2012 by receiving an affidavit filed by Sri. S. Vijay Kumar, Joint Director (CDC), Department of Technical Education whereunder it was agreed to by the State in the said affidavit that respondents would promote/admit diploma students who have failed in 10 or less subjects in semesters-I to IV and same would be applicable only for the academic year 2012-13 and for the academic year 2013-14 onwards, carry over system will be strictly in accordance with circular dated 01.08.2009.

(3.) Learned Government Advocate would fairly admit at this, stage that affidavit of the Joint Director was filed in the said writ petitions before Principal Bench.