BANGALORE UNIVERSITY Vs. RITA P B

JUDGEMENT

(1.) Bangalore University, Jnana Bharathi through its Registrar, has filed this appeal against the order of the learned single Judge of this Court dated November 28, 1984, by which W.P. No. 13507 of 1984 filed by Kum. P. B. Rita (hereinafter referred to as the writ petitioner) has been allowed and the words 'provided they have submitted the applications for the examinations along with the required fees' in Regulation X(2) for the B.A., B.Com , and B.Sc., Degree Courses of the Bangalore University are declared invalid as offending Article 14 of the Constitution. A further writ of mandamus was issued to the Bangalore University to permit the writ petitioner to keep term for the III Year Degree Course during the cu rent academic year.

(2.) In order to appreciate the controversy certain salient features of the case may be noticed : The writ petitioner joined St. Joseph College, Bangalore for the B.A. Degree Course during the academic year 1982-83. She completed the I Year Degree Course in that year and during the academic year 1983-84, she had put in the requisite attendance for the II Year Degree Course. As averred in the petition, the writ petitioner suffered typhoid fever at the relevant point of time and therefore she did not submit her application to the II Year Degree examination. Having put in the prescribed attendance during the II Year Degree Course, the writ petitioner intended to attend the III Year Degree Course during the academic year 1984-85, and in the meanwhile passed II Year Degree at the supplementary examination having regard to the fact that carry forward system is in existence according to the Regulations of the University When she sought permission to continue the III Year B A., Degree Course during the current academic year an endorsement dated August 14, 1984 was issued by the Registrar in the following terms :

(3.) The learned single Judge, on consideration of the relevant regulations, has come to the conclusion that the latter part of Regulation X(2) is violative of Article 14 of the Constitution, and as earlier stated, the same has been declared invalid.