IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
PRADEEP SINGH YERUR, J.
Shrinidhi S/o. Sanjeev Shirahatti - Appellant
Vs.
Karnataka State Law University - Respondent
Writ Petition No. 106270 Of 2024 (EDN-RES)
Decided On : 30-06-2025
| Table of Content |
|---|
| 1. petitioner faced issues with degree completion. (Para 1 , 2 , 3) |
| 2. obligation on university to inform on subjects. (Para 4 , 5 , 6) |
| 3. university's regulations on subject completion. (Para 7 , 8 , 9) |
| 4. responsibility during student transfer. (Para 10 , 11 , 12) |
| 5. indulgence due to university negligence. (Para 13 , 14) |
| 6. petitioner granted opportunity to complete subjects. (Para 15 , 16 , 17) |
| 7. right to education as fundamental. (Para 18) |
| 8. order to allow exam and issue degree. (Para 19) |
ORDER :
PRADEEP SINGH YERUR, J.
1. This petition is filed by the petitioner, who is a law student. He had enrolled in a 5 year integrated law course for BBA LL.B (Hon) with the first respondent University. The petitioner had completed the first year (2 semesters). The petitioner had continued his second year and appeared for the third semester. But since the respondent University had raised objections regarding shortage of attendance for the fourth semester, they did not permit him to take the examination. Therefore, he was constrained to take re-admission for the second year for the academic year 2019–2020. Thereafter, the petitioner met with an accident and was unable to attend classes, and again he was not permitted to appear for the third semester examination.
2. Being not satisfied with the respondents College and University, the petitioner applied for transfer to R.L. Law College, Belagavi from Karnataka State Law University’s Law School, Navanagar, Hubballi. The admission to respondent No.4, R.L. Law College, was given with a condition that the petitioner had to pass two subjects, namely Managerial Economics and English. In compliance with the said condition imposed by respondent No.4, the petitioner cleared the two subjects.
3. The petitioner has now cleared all the semesters up to 10th semester. Subsequently, the petitioner requested the respondent University to issue the degree certificate. However, to his shock and surprise, the respondent University refused to give the degree certificate on the ground that the petitioner has not cleared/passed three subjects, namely Economic Development in India, Entrepreneurship Development, and the Law of Torts, which are second semester subjects for the 5-year integrated BBA LL.B programme.
4. Thereafter, the petitioner gave a representation to the respondent University, which was not considered. Hence, the petitioner is before this Court for the following reasons:
4.1. The respondent University is functioning in the most undisciplined manner, without giving proper instructions to the students, so also not providing proper guidance and procedure to appear in the examination and not reverting to the petitioner whenever any query is raised for addressing their issues.
4.2. Respondent No. 4, R.L.Law College, is also acted negligently and irresponsibly in permitting the petitioner to take up the admission, during which time it imposed a condition that the petitioner had to take up only two subjects, namely Managerial Economics and English, but did not whisper anything about the three other subjects, namely, Economic Development in India, Entrepreneurship Development, and Law of Torts.
5. It is contended by the learned counsel for the petitioner that, the petitioner is a student. He was not aware of the requirements in the integrated programme. He was under the impression that, in the previous college, he must have completed the subjects while taking admission in respondent No.4, R.L. Law College. Since the University or College did not mention anything about the three subjects, which were asked to be taken subsequently, he was clueless. Had it been a situation where respondent No.4 College had insisted that the petitioner should take these three subjects along with the two subjects, which are insisted at the initial time, the petitioner would have taken the subjects and would have cleared them. Therefore, it is contended by the learned counsel for the petitioner that, had the University made
Universities must adequately inform transferring students of all required subjects to meet degree criteria, fostering transparency and accountability in academic processes.
Judicial intervention in academic attendance regulations is limited; courts cannot condone non-compliance with university attendance rules which uphold academic discipline.
The court ruled that educational institutions have an obligation to issue Transfer Certificates upon request when relevant to a student's enrollment process.
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 affirmed the right of students to seek inter-university transfers under compassionate grounds, ensuring adherence to procedural fairness.
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