BANGALORE UNIVERSITY Vs. KUMARI RITA

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 Ku. 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 current academic year.

(2.) In order to appreciate the controversy certain salient features of the case may be noticed : The Writ Petitioner joined St. Joseph's College, Bangalore for 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: "With reference to the above, Miss P.B. Rita, is hereby informed that as per Regulation No. X(2) of B.A.,/B.Sc./B.Com., Degree Courses of the Bangalore University, the candidates who have completed attendance in the II year Degree shall be eligible to keep term in the III year provided they have submitted the applications for the examinations along with the required fees. As per her above application, she has not paid the examination fees for II Year Degree Course and submitted the application for the said examination. Hence she is not eligible to keep term in the II Year B.A., Degree Course during the academic year 1984-85." According to the endorsement, the Writ Petitioner was ineligible to keep term for the III Year as she had not submitted the application for the examination during the II Year Degree Course. Feeling aggrieved from the aforesaid endorsement, W.P.No. 13507 of 1984 was filed by the Writ Petitioner.

(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.