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IN THE HIGH COURT OF KARNATAKA
R. Devdas, J.
SRIRAM JYOTHIKA – Appellant
Vs.
KARNATAKA STATE LAW UNIVERSITY – Respondent
W.P. No. 6055 of 2021
Decided On : 24-03-2021
Examination - LL.B Course - Permission to write examination without original documents
Fact of the Case:
The petitioner was not issued a hall ticket for the 1st semester examination of the LL.B course due to not furnishing original marks card, degree certificate, and transfer certificate, despite having completed the BBA course. The petitioner sought permission to write the examination due to delays caused by the COVID-19 pandemic and university processes.
Finding of the Court:
The court directed the university to permit the petitioner to write the examination and submit the original documents later, ensuring that the result would not be announced until the documents were submitted.
Issues: Admission to examination without original documents, impact of COVID-19 pandemic and university processes on document availability
Ratio Decidendi: The interest of justice could be met by allowing the petitioner to write the examination and submit the original documents later.
Final Decision: The writ petition was disposed of with a direction to the university to permit the petitioner to write the 1st semester examination of the LL.B course, with the condition that the result would not be announced until the original documents were submitted.
JUDGMENT :
R. Devdas, J.
1. The petitioner was admitted to Three Law Course (LL.B) in the 2nd respondent-Institution for the academic year 2020-21. The petitioner is to write the 1st semester examination which would commence from 26/3/2021. However, Hall Ticket has not been issued to the petitioner on the ground that she has not furnished the original Marks card, Degree certificate and Transfer Certificate. The petitioner, after completing the 12th standard examination from the Board of Intermediate Examination of Andhra Pradesh in the month of May, 2017, joined Bachelor of Business Administration (BBA) course in the 3rd respondent- Institution which is affiliated to the 4th respondent-University.
2. Learned Counsel for the petitioner draws the attention of this Court to Annexure-D, which is a copy of the Marks card which shows that the petitioner has successfully completed the BBA course. However, the original Marks cards, Degree certificate and Transfer Certificate have not yet reached the hands of the petitioner probably because of the intervening COVID-19 pandemic and there has been delay on the part of the universities in holding the examinations, declaring results and for such other reasons. Therefore, the Learned Counsel for the petitioner submits that in the interest of the petitioner, she may be permitted to write the 1st semester examination.
3. On hearing the learned Counsels for the petitioner and 1st respondent-University, this Court is of the opinion that the interest of justice could be met if the petitioner is permitted to write the examination and thereafter submit the original Marks card, Degree certificate and Transfer Certificate as and when she receives the same.
4. Consequently, the writ petition stands disposed of with a direction to the 1st respondent-University to permit the petitioner to write the 1st semester examination of Three Year LL.B course, subject to the condition that the result shall not be announced unless the petitioner submits that the original Marks card, Degree Certificate and Transfer Certificate. It is ordered accordingly.
The court prioritized the interest of justice by allowing the petitioner to write the examination and submit the original documents later, considering the impact of the COVID-19 pandemic and universi....
The court's decision was based on the principle that a student with sufficient attendance and willingness to pay late fees should not be prejudiced by administrative issues in accessing examinations.
Adherence to University rules and the decision-making process for awarding degrees.
The court emphasized the importance of considering a student's legitimate expectations and the impact of University rules on academic progression, especially in the context of the Covid-19 pandemic.
Court ruled that educational institutions must act fairly and acknowledge students' legitimate expectations, particularly after allowing them to participate in examinations despite procedural discrep....
The main legal point established in the judgment is the application of Regulation 17(a)-2(iii) and the court's reliance on precedents to allow the issuance of the consolidated marksheet of M.Sc. (Com....
A university cannot deny a student the right to continue studies or withhold examination results based on procedural failures, especially after allowing the student to attend classes and take exams.
Judicial review is limited in academic matters unless there is a clear violation of statutory provisions or regulations.
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