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2025 Supreme(Kar) 491

IN THE HIGH COURT OF KARNATAKA AT BENGALURU 
E.S. INDIRESH, J.
Gagan M.P. S/o Manjunath R. - Appellant
Versus
The State of Karnataka - Respondent
Writ Petition Nos. 17720, 17772 of 2025
Decided On : 20-06-2025


Advocates:
Advocate Appeared:
For the Appellant : Bhadrinath R.
For the Respondents: Sukanya Baliga, M.P. Srikanth, Girish Kumar R.

Judicial intervention in academic attendance regulations is limited; courts cannot condone non-compliance with university attendance rules which uphold academic discipline.

Headnote:(A) Education Regulations - Clause 13 and 15 - Attendance requirements for examinations - Petitioners seeking to write 2nd Semester B.A., L.L.B. examination denied due to insufficient attendance below mandated 70% - Petitioners argued delay in remedial submission and discrimination as grounds for relief. (Paras 6, 10, 12)

(B) Jurisdiction under Article 226 - Courts should not perpetuate illegalities nor extend benefits of illegality to others - Discretion to condone attendance requirements lies solely with the university. (Paras 12, 13)

Facts of the case:
Petitioners, enrolled in B.A., L.L.B. course, lacked requisite attendance necessary to appear for examinations, claiming unfair treatment compared to other students.

Findings of Court:
Petitioners failed to meet minimum attendance; court emphasized adherence to university regulations and academic discipline.

Issues: The court addressed attendance eligibility, grounds for condoning attendance, and implications of allowing students with insufficient attendance to take examinations.

Ratio Decidendi: The court ruled it cannot condone attendance shortfalls beyond regulatory limits, emphasizing that academic discipline must be upheld and rightful attendance fulfillment is necessary to obtain examination permission.

Result: Writ petitions dismissed.

Table of Content
1. petitioners seek examination attendance. (Para 1 , 2 , 3 , 4)
2. arguments on attendance and grounds for relief. (Para 6 , 7 , 8 , 9)
3. regulations on attendance and eligibility. (Para 10 , 11 , 12)
4. court affirms importance of attendance regulations. (Para 13 , 14)
5. writ petitions dismissed. (Para 15)

ORDER :

1. In WP.No.17720/2025, the petitioners are seeking writ of mandamus to direct the respondent Nos.2 and 3 to permit the petitioners to write examination of 2nd Semester and further to take the final examination and to announce the results pertaining to the 2nd Semester of the 5 years B.A., L.L.B., course scheduled to be held on 22.06.2025 (Annexure-A) and consequential relief as prayed.

2. It is the case of the petitioners that the petitioners have joined the 5 years B.A., L.L.B., course (1st year students of 2nd Semester) in the respondent No.3 College affiliated to respondent No.2 University.

3. The grievance of the petitioners in this writ petition that, the petitioners have not been permitted to take ensuing examination of 2nd Semester of 5 years of B.A., L.L.B., on the ground that the petitioners have no requisite attendance during the 2nd Semester in the respondent No.3 College. Hence, the petitioners have preferred these writ petitions.

4. In WP.No.17772/2025, the petitioner has sought for identical relief to permit the petitioner to take up 2nd semester examination of 1st year B.A., L.L.B., (five year course) examination as per scheduled time table produced at (Annexure-Q), inter alia, direction to the respondents to consider the representation dated 12.06.2022 produced at Annexure-P.

5. Heard Sri.Bhadrinath.R., learned counsel for the petitioners in WP.No.17720/2025 and Sri.Dhiraj.A.K., learned counsel for the petitioner in WP.No.17772/2025, Smt.Sukanya Baliga, learned AGA for respondent No.1-State, Sri.Girish Kumar.R., learned counsel appearing for the respondent No.2- University, Sri.M.P.Srikanth, learned counsel appearing for the respondent No.3.

6. Sri.Bhadrinath.R., learned counsel appearing for the petitioners contended that, the lack of attendance of the petitioners herein is on the ground that there is a delay in filing of remedial submissions by the petitioners, which is not a part of curriculum as such and in this regard, he has submitted that, the petitioners herein had requisite attendance to take up ensuing examination. He further argued that, on the ground of not filing the remedial submissions within the requisite period, delay has been caused, which required to be condoned by allowing this writ petition. He also submitted by referring to the Notification dated 12.05.2025 (Annexure-A) that, it is the mandatory for the college to ensure that the list of eligibility candidates to write the examination, as per the regulation of respective courses, has to be filed within the requisite period with the respondent–University. It is further contended by Sri.Bhadrinath.R., learned counsel that, the writ petition requires to be allowed by providing an opportunity to the petitioners to take up examination, as there is a clear lack of fairness and proper application of mind by the respondent college. He also pointed out that, the college is discriminating with regard to granting attendance to some of the students and he submitted that a candidate who has secured 21.89% has been allowed to take up examination, however, the same benefit has not been extended to the petitioners herein and accordingly, sought for interference of this court.

7. Sri.Dhiraj, learned counsel appearing for the petitioner in WP.No.17772/2025, submitted that the petitioner herein was regular to the college, however, on account of the illness, he was not able to attend the class for few days and same has to be considered sympathetically and in this regard, he refers to the medical certificate, produced at annexure-D series and submitted that, the case of the petitioner has to be considered for permitting him to take up ensuin

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