M HEMANANDA Vs. SECRETARY EDUCTION DEPARTMENT VIDHANA SOUDHA

JUDGEMENT

(1.) Heard the Counsel for the appellants and respondents 2, 4 and 5.

(2.) The facts of the case are as follows : The appellants are students of the Bangalore University pursuing either the 3 year or 5 year Law course in the BES College of Law, Bangalore. The appellants are under the semester scheme of the L.L.B course. Their grievance is that they are students who have failed in certain subjects, but who are not permitted to take up the examinations for those failed subjects in the ensuing semester examination, on the footing that the University has been consistently following a practice that the examinations for the 3 year L.L.B. course which consists of six semesters and the examinations for the 5 year L.L.B. course which consists of ten semesters are conducted every six months. But, a failed candidate belonging to a odd semester, namely, I, III or V semester in the 3 year course or I, III, V. VII and IX semester in the 5 year course would be permitted to take the examination for the failed subject only in odd semesters and cannot take the examination along with students sitting for the even semesters. The appellants therefore had preferred a writ petition questioning the action of the respondent-University in issuing a separate timetable prescribing the supplementary examination only for students taking the even semester.

(3.) The respondent - University had filed statement of objections to contend that since the year 2002, the system of semester scheme in L.L.B. programme has been successfully conducted without any hurdle. There are 42,000 to 45,000 students taking the 3 years and 5 year L.L.B. examinations. Hence, the University is driven to its limits in having to complete the process of holding the examination, declaring the results and processing the requests for re-valuation, with hardly any time left to arrange for the supplementary examinations. Therefore, the practice adopted by the University is in the line with the Regulations that govern several of the courses offered by the University. The petitioners were fully aware of the consistent practice and having taken admission voluntarily are bound by the Regulations of the University. The contention of the petitioners that there is arbitrary treatment in the University permitting supplementary examinations in respect of annual students was negated on the ground that University conducts only 3 year and 5 year L.L.B semester scheme and that there is only a one time exception given for annual students to take the examination, the last Of which was held in May, 2009.