B BASAVARAJU Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) IN this Writ Petition the petitioner has questioned the legality of the decision of the Mysore University cancelling his admission to the L.L.B. Degree course and also to the M.A. Degree Course in History.

(2.) THE facts of the case, in brief, are as follow : The petitioner holds Master's degree in Economics of the Mysore University. He joined a private law College, namely, Saradavilas Law College for the law degree course in the academic year 1982 -83. He also sought admission to the M.A. Degree Course in History in the academic year 1983 -84, and the same was granted. Subsequently, the University, noticing that the petitioner was pursuing two degree courses simultaneously, issued a notice dated 23 -7 -1985, calling upon the petitioner to show cause as to why his admission to the three year L.L.B. Degree course as also to the M.A. Degree Course in History, should not be cancelled in view of the Regulations, which prohibited the candidates from pursuing the two degree courses simultaneously during the same academic year. The above notice was based on the notification dated 17th August, 1983, (Annexure -K). It reads : 'University of Mysore Mysore Viswavidyanilaya Karya Soudha, Crawford Hall, Mysore, Dt: 17 -8 -1983. No. R2/388/83 -84. Notification Sub : Barring students from studying simultaneouslymore than one course leading to a degree. Pursuant to the resolution of the Academic Council passed at its meeting held on 27/28 -5 -1983, following regulations are notified for information and guidance of students under the jurisdiction of this University. 1. No student admitted to a degree in a College of Department of Studies under the jurisdiction of this University shall be permitted to study simultaneously in any other course leading to a degree (regular, evening or correspondence) offered by this University. 2. If a candidate gets admitted to more than one course except as provided in Regulation 1 above the University shall cancel without going prior notice his/her admission to both the courses to which he/she has joined. The above Regulations will be effective from the academic year 1983 -84.' The petitioner submitted his reply and requested the University to save him the benefit of the studies of the two degree courses. The University, however, proceeded to pass the order dated 16th April, 1986 (Annexure -A). Relevant portion of the same reads : 'Order No. R/7.Misc./85 -86 dt: 16 -4 -1986. In pursuance of the decision taken by the University Syndicate at its meeting held on 7 -3 -1986 and as per regulation relating to barring students from studying more than one course simultaneously leading to a degree (Regular, evening or correspondence) the admission of Sri B. Basavaraju, S/o B.C. Boralingegowda, S. Bideri Post, Kadur Taluk, Chickmagalur District (i) to L.L.B. Degree course at Saradavilas Law College, Mysore, and (ii) to M.A. Degree course in History at Manasagangothri, Mysore, is cancelled and his results of both the degree examinations are withdrawn By Order, Sd/ - for Registrar' Aggrieved by the said order, the petitioner has presented this Petition.

(3.) SRI V.C. Brahmarayappa, Learned Counsel for the University, submitted that a notification had been issued as early as on 21 -2 -1980 prescribing the Regulations for the law degree course. Relevant portion of the same reads : '2(a) Candidates pursuing a course of instruction leading to the degree in law, either BGL or LLB of the Mysore University shall not simultaneously pursue a course of study for any other Degree or Diploma or Certificate of this University or Body, provided that this rule shall not apply to those who are already undergoing double courses of study before 1 -1 -1978 ' In view of the above Regulation, Learned Counsel submitted that the petitioner while continuing his studies for the Law degree course, could not have sought admission to the M.A. Degree Course in History.