LAWS(KAR)-2013-5-91

NARASIMHA BHAT S Vs. REGISTRAR (ACADEMIC) AND ORS

Decided On May 29, 2013
NARASIMHA BHAT S Appellant
V/S
REGISTRAR (ACADEMIC) AND ORS Respondents

JUDGEMENT

(1.) The petitioners have secured lateral entry to B.E. Course after completing their diploma course in Engineering. Their grievance is over the respondent Visvesvaraya Technological University ('VTU)'s Regulation which prescribes that the student has to complete the B.E. Course within 8 years from the date of admission. In this regard, they have called into question, the Regulation F2 of the V.T.U. Regulations governing the Degree of Bachelor of Engineering/Technology.

(2.) Sri Vivek Reddy, the learned counsel for the petitioners submits that the petitioners work during day time to earn their livelihood and prosecute their B.E. Course in the evening colleges. They have surmounting difficulties in completing the B.E. Course in the prescribed number of years. He submits that the prescription that they must complete the Course in eight years is not based on any material. He submits that if the petitioners are permitted to complete their Course taking few more months or years and then earn their livelihood based on their acquiring the B.E. Degree, it would safeguard their interest without putting anybody else's interest in jeopardy. Both on the ground of reasonableness and doctrine of proportionality, the prescription of the outer limit of eight years for completing the B.E. Course is not sustainable. He submits that the petitioners have already completed 80% of their Course and if one more chance is given to them, they would be able to complete their B.E. Course.

(3.) He has relied on the Apex Court's judgment in the case of B.P.SHARMA vs. UNION OF INDIA AND OTHERS, 2003 7 SCC 309. Paragraph Nos. 14, 15 and 16 as read out by him are as follows: