IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.36535 OF 2025 (EDN-RES)

BETWEEN:

K. ABDUL SAMAD, S/O K. NISAR AHAMAD, AGED ABOUT 18 YEARS, RESIDENT OF HOSAPETE, VIJAYANAGARA DISTRICT - 583 201.

PRESENTLY STUDING IN DIPLOMA - 1^ST SEMESTER T. M. A. E. 'S (TUNGABHADRA, MALLIKARJUNA AND ALLAMPRABHU EDUCATION SOCIETY)

SREE M. VISVESVARAYA POLYTECHNIC, HOSAPETE - 583 201.

…PETITIONER (BY SMT. VAISHNAVI G. K., ADVOCATE)

AND:

Digitally signed 1. STATE OF KARNATAKA by CHANDANA DEPARTMENT OF TECHNICAL EDUCATION B M Location: High BOARD OF TECHNICAL EXAMINATIONS, Court of VIKASA SOUDHA, BENGALURU - 560 001.

Karnataka REPRESENTED BY ITS SECRETARY.

2. PRINCIPAL/NODAL OFFICER, SIR M. VISVESVARAYA POLYTECHNIC, (TMAE SOCIETY), BALLARI ROAD, SANKLAPUR, HOSAPETE - 583 201.

3. THE JOINT DIRECTOR, (ADMISSION/EXAMINATION)

GOVT POLYTECHNIC, SESHADRI ROAD, K.R.CIRCLE, NEAR M.S.BUILDING, BANGALORE - 560 001.

…RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R3)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO RECEIVE THE EXAMINATION FEE FROM THE PETITIONER WITH LATE FEE VIDE ANNEXURE-C AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks the following reliefs:

"a) Issue writ in the nature of mandamus to the respondents to receive the examination fee from the petitioner with late fee, vide Annexure-

C.

b) Consequently permit him to appear for the examinations to the Diploma Electronic and communication courses which he is pursuing with the 2^nd respondent, or " Learned AGA accepts notice for respondents 1, 2, 4 and 6.

Issuance of notice to other respondents is waived as there is no order adverse to their interest is passed.

2. Petitioners are stated to be the students of respondents 2 to 5 and have filed the present petition seeking for a direction to respondents 2 to 5 to receive the examination fee from the petitioners along with late fee and consequently, permit them to appear for the examination in the diploma courses which they are pursuing with respondents 2 to 5, if otherwise they are eligible.

3. It is submitted by the learned counsel appearing for petitioners that the examination was scheduled on 17.12.2022 and the petitioners' request for acceptance of examination fee has not been acceded to by the respondent Authority stating that the examination fee cannot be accepted in light of the Circular at Annexure-C dated 13.10.2022 and specifically as regards to Clause (f), wherein it is stated that the examination fee along with fine, if any is required to be paid within a period of 15 days prior to the date of commencement of examination.

4. Heard the learned counsel representing respondents 1, 2, 4 and 6.

5. Petitioners have stated by way of submission made by their learned counsel that the delay in paying the examination fee is in light of the holidays from 01.09.2022. It is further submitted that in light of holidays after the conclusion of the previous semester, they were not aware of the last date and accordingly, there has been some lapse on their side. However, they undertake to pay the fine/late fee along with the examination fee and they may be provided an opportunity to write the exams.

6. Learned counsel for respondents 1, 2, 4 and 6 submits that the circular is self- explanatory and there has been lapse on the part of the petitioners. However, it is for the Court to carve out any equitable relief taking note of the peculiar facts that the petitioners have put forward.

7. Taking note of the contentions of both sides and also noticing that the petitioners have undertaken to pay late fee along with other fees and the respondents would also look into the aspect of petitioners fulfilling other eligibility criteria for taking the exam