THE HIGH COURT OF KARNATAKA
E.S.INDIRESH
MR SYID SAMIULLA – Appellant
Versus
THE KARNATAKA STATE LAW UNIVERSITY – Respondent
WP 22073/2024
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NC: 2026:KHC:17414 WP No. 22073 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026
BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.22073 OF 2024 (EDN-RES)
BETWEEN:
MR. SYID SAMIULLA, S/O. S. SAIFULLA,
AGED ABOUT 24 YEARS, R/O. WARD NO.26,
KUMBAR STREET, COWL BAZAR, BELLARY,
KARNATAKA - 583102.
…PETITIONER (BY SRI. ANIL KUMAR A.S., ADVOCATE FOR
SRI. PARAMESWARAPPA C.,ADVOCATE)
AND:
1. THE KARNATAKA STATE LAW UNIVERSITY Digitally signed by AASEEFA PARVEEN NAVANAGAR, HUBLI-580025.
Location: HIGH REPRESENTED BY THE COURT OF KARNATAKA REGISTRAR (EVALUATION).
2. AL AMEEN COLLEGE OF LAW, BEHIND AL-AMEEN TOWERS,
REPRESENTED BY THE PRINCIPAL HOSUR ROAD, BENGALURU - 560027.
…RESPONDENTS (BY SRI. R. GIRISH KUMAR, ADVOCATE FOR R1 (VC)
(VK NOT FILED); V/O. DATED 28.10.2024, SERVICE OF NOTICE TO R2 HELD SUFFICIENT)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER VIDE ANNX-A TO FILL THE EXAM APPLICATION FOR THE 6TH SEMESTER OF 3 YEARS LL.B COURSE BY ACCEPTING THE EXAM FEES OF THE PETITIONER, SUBSEQUENTLY PERMITTING THE PETITIONER TO TAKE UP EXAMINATION VIDE ANNX-B BY ISSUE OF ANY OTHER WRIT, ORDER, DIRECTION AS THE CASE
MAY BE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the parties.
2. In this petition, petitioner has sought for direction to the respondents to permit the petitioner to appear for 6th Semester of three years' LL.B Course examination and also sought for quashing the Shara Note dated 30.07.2024 vide (Annexure-A) issued by the respondent No.2-College, impugned Notification No.KSLU/Exam/2023-24/683 dated 19.07.2024 issued by respondent No.1-University vide
(Annexure-B).
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3. It is the case of the petitioner that the petitioner
has joined the respondent No.2-College affiliated to respondent No.1-University. It is stated that the petitioner has completed four Semesters of three years LL.B course satisfactorily. It is the case of the petitioner that while the petitioner was pursuing the fifth Semester examination, the petitioner was arrested in a Criminal Case in RC.03/2023/NIA/BLR and was in judicial custody till he was enlarged on bail. It is the case of the petitioner that since the petitioner was in judicial custody, he could not attend the classes regularly of 6th Semester course till 10.08.2024. It is also stated that, the petitioner has got the permission of the competent Sessions Court in the criminal proceedings to write fifth year examination and the said request made by the petitioner was accepted by the Trial Court and the Trial Court allowed the petitioner to appear in fifth semester examinations. It is further stated in the petition that, the petitioner was exonerated in the proceedings in Special C.C. No.1150/2024, said to have been registered against the petitioner. Accordingly, it is the case of the petitioner that on account of the fact that the petitioner was in judicial custody, the petitioner was not able to attend the 6th Semester
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examination. However, the petitioner has written the examination pursuant to the interim order passed by this Court and the results have been announced and the petitioner has
been passed in the 5th Semester examination.
4. Taking into consideration the said facts, in the
peculiar circumstances of this case, wherein this Court in W.P.No.3433/2022 disposed of on 07.07.2022, under identical circumstances allowed the writ petition wherein the petitioner therein was detained in the judicial custody. In that view of the matter and under the peculiar facts and circumstances of the case, without making it a precedent, I am of
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