The question as to whether 2^nd and 4^th semester

students of the three years’ LL.B degree course of the

appellant-Karnataka

State

Law

University

could

be

promoted to next semester without conducting any

examination or evaluation is for consideration in this

appeal.

2.

The petitioners, who are three years’ LL.B

degree students of different colleges were before the Writ

Court in WP No.104008/2021 with the following prayers:

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i) Issue a writ of certiorari or any other

order or in the form of direction to quash

the

Notification

dated

22.09.2021

bearing No. KSLU/EXAM/2021-22/675(A)

vide Annexure-m to the writ petition and

also to quash the notification dated

4.10.2021 bearing No.KSLU/EXAM/2021-

22 vide Annexure-N to the students are

concerned in the interest of justice and

equity.

ii) Issue a writ of mandamus directing

respondent No.2 to follow the guidelines

of University Grants Commissioner of

July 2021 vide Annexure-G followed by

Karnataka

University,

Dharwad

vide

Circular dated 27.9.2021 vide Annexure-

K and to promote the intermediate

semester students to next semester and

to evaluate their performance on the

internal evaluation in the interest of

justice and equity

iii) or alternatively to issue a writ of

mandamus directing the 2^nd respondent

to postpone the examinations held vide

notification dated 4.10.2021 bearing No.

KSLU/EXAM/2021-22 vide Annexure-N to

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the writ petition, insofar as 2^nd and 4^th-

semester students are concerned, to

afford

sufficient

time

for

the

said

students to prepare for the examination

after completing the required syllabus to

respective 2^nd and 4^th-semester courses.

Thus in substance, the prayer is to conduct the

evaluation based on internal assessment Or in the

alternative, to postpone the examination scheduled in

October 2021 and to afford sufficient time for the students

to prepare for the examination. The relief granted in the

impugned order is neither of the above prayers. In terms

of the impugned order, there is a direction to promote the

students of the 2nd and 4th semesters without conducting

any kind of examination or evaluation.

3.

Today’s Law students are the pillars of

tomorrow’s legal system including justice delivery system.

Keeping this in mind, the question framed above is to be

considered.

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4.

The

appellant

was

respondent

No.2

and

respondents 1 to 12 were the petitioners before the Writ

Court in WP No.104008 of 2021.

5.

The parties to this appeal would be referred to

as they stand before the Writ Court.

6.

The petitioners had contended in the aforesaid

writ petition that Notification under challenge with regard

to the conduct of examination to the intermediate

semester students is arbitrary and violative of Articles 14

and 21 of the Constitution of India, for the reason that no

proper education was imparted and imbibed to the

students. The contention is raised on the premise that

classes are not properly conducted on the prescribed

syllabus during the Covid-19 pandemic due to lockdown.

Thus, conducting the examination without proper coaching

would be arbitrary. Further, the petitioners relied upon the

decision of this Court in WP No.14389/2020, dated

8.2.2021, wherein this Court directed the Karnataka State

Law University (for short, ‘University’) to assess the

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students based on internal assessments to an extent of

50% and the remaining 50% of the marks based on

performance in the previous semesters only (if available),

insofar as even semester examinations are concerned.

Respondent/University in the writ petition contended that

based on the Press Release dated 10.6.2021 (Annexure-

H), it is incumbent on the University to conduct

examinations either Online/Offline/Blended/Online Open

Book

Exam(OBE)/Assignment

Based

Evaluation(ABE)/Research papers. It is stated that the

University Grants Commission (for short, ‘UGC’) guidelines

on

examinations

and

academic

calendar

for

the

Universities in view of Covid-19 pandemic and subsequent

lockdown

issued

therein

would

be

subject

to

the

a