IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Aravind Kumar, J.
Sri. N.Manjunath, S/o V Nagaraj – Petitioner
Versus
Bangalore University Jnanabharathi Campus and Ors. – Respondents
W.P. No. 28630, 28729, 296982-9707, 29811-29813, 30256, 30715 of 2016 (EDN-EX)
Decided On : 22-07-2016
KARNATAKA STATE UNIVERSITIES ACT, 2000 [K.A. No. 29/2001] - Section 44(1)(c) - Attendance - Calculation - Denominator - Regulations Governing the Choice Based Credit System (Semester Scheme) for Undergraduate and Integrated Masters Degree Programmes in the Faculties of Arts, Science and Commerce, Regulation 8.4 - Denial to student to appear in examination for not achieving 75 % attendance prescribed by University - College construing denominator as 434 while calculating percentage of attendance in spite of total number of classes held during period of 2016 is only 418 - Error on part of college established - Considering correct denominator as 418, percentage of attendance comes to 77.27% - Denial, held, improper.
KARNATAKA STATE UNIVERSITIES ACT, 2000 [K.A. No. 29/2001] - Section 44(1)(c) - Calculation of attendance - Regulations Governing the Choice Based Credit System (Semester Scheme) for Undergraduate and Integrated Masters Degree Programmes in the Faculties of Arts, Science and Commerce, Regulation 8.4 - Participation by students in extra curricular activities during 2015-16 for 7 days - To be counted towards total attendance - Attendance of all students exceeding more than 75% - Directions issued to University to declare result accordingly.
EDUCATION - Examination - Shortage of attendance - Karnataka State Universities Act (29 of 2001) - Section 44(1)(c) - Regulations Governing the Choice Based Credit System (Semester Scheme) for Undergraduate and Integrated Masters Degree Programmes in the Faculties of Arts, Science and Commerce, Regulation 8 - Denial to student to appear in examination for not achieving attendance prescribed by University - University prescribing minimum 75 % attendance - However, students entitled to seek for reckoning their attendance for days of functions, programmes, sports day conducted by college during working hours as per Regulation 8.4 - College receiving examination fees from student in spite of not possessing requisite attendance in contravention of circular of Bangalore University - Student held, entitled to benefit of those days.
Petitioners are seeking for quashing of endorsements issued to them, whereunder they have been intimated by their College in which they are studying namely Dayananda Sagar College of Arts, Science and Commerce (hereinafter referred to as” college’) that they have achieved attendance less than prescribed by the Bangalore University Regulation and as such, they would not be issued with Hall Tickets for the examination due to be held. They are also seeking for further a direction to permit them to write remaining examinations of 4th Semester and 6th Semester B.Com and 4th Semester Business Management.
2. It is the contention of petitioners that they are all studying in respondent- College and for academic year 2015-2016, which commenced on 28.12.2015 and ended on 23.4.2016, they have achieved requisite attendance prescribed by the University and on account of certain Co-Curricular activities conducted during the academic year by the college, they could not attend regular classes but they have attended additional classes and had skipped classes only on those days on which there were Co-Curricular activities and same also had to be taken into consideration for the purpose of calculating or reckoning their percentage of attendance. It is also their contention that College had collected examination fee, being aware of the deficit in attendance and thereby made petitioners to believe that they are entitled to appear and write ensuing examinations deemed to be held during May 2016 and had never intimated petitioners about shortage of attendance and at the end of academic year just before commencement of final examination they have been denied hall tickets for examination on the ground that they do not possess requisite attendance and same is illegal and liable to be quashed.
3. It is further contended that impugned endorsements issued to petitioners are without verifying the true and correct facts. They further contend that students studying in same courses in other colleges, under same Management at Kanakapura, Hall tickets have been issued though they had less than 75% attendance and intention of respondent-College by issuing impugned endorsements to the writ petitioners is only with an intention to collect fees for academic year 2016-2017 by detaining petitioners in the same classes. As such, they have sought for quashing of the impugned order.
4. On service of notice, respondent-College has appeared, filed their statement of objections denying the averments made in the petitions except to the extent expressly admitted thereunder. It is specifically contended by respondent-College that Bangalore University has prescribed number of hours in which each student will have to attend the class during academic year and achieve the attendance which should not be less than 75% of number of classes actually held by the end of the year and on account of petitioners not having achieved the same, petitioners cannot claim as a matter of right to seek for a direction for issuance of Hall tickets or permission to be granted to write examinations.
5. It is also denied by the respondent-College that question of considering attendance in respect of days on which certain extra curricular activities were conducted would not arise, since the Regulations of the University prescribes that only if a candidate represents the Institution/University/State/Nation in sports or NCC or NSS and cultural functions, then attendance can be granted for those days as otherwise attendance cannot be granted if students have not attended classes for any other reason. On these grounds, they have sought for dismissal of the writ petition.
6. I have heard the arguments of Sriyuths Nataraj H.C., Vikas Mahendra, Lakshmanachar K.V. and Sindhu learned counsel appearing for the petitioners, Sri. H.M. Muralidhar, learned counsel appearing for respondents Nos.1 and 2. However,
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