- 1 - NC: 2025:KHC:18018 WP No. 12083 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12083 OF 2025 (EDN-RES) BETWEEN: SRI SAI EVENING COLLEGE NO. 15, KSOU LEARNERS SUPPORT CENTRE NEW BEL ROAD, MSR NAGAR, MATHIKERE, BENGALURU-560054, REPRESENTED BY ITS PRINCIPAL SANTHOSH DIXIT, S/O. KAVITHA DIXIT W/O. SANTHOSH DIXIT AGED ABOUT 38 YEARS PHNO 9036333 777 …PETITIONER (BY SRI. VASANTHA A K.,ADVOCATE) AND: 1. THE REGISTRAR KARNATAKA STATE OPEN UNIVERSITY MUKTHA GANGOTHRI, MYSURU, KARNATAKA-570006. 2. THE VICE CHANCELLOR KARNATAKA STATE OPEN UNIVERSITY MUKTHA GANGOTHRI, MYSURU, KARNATAKA-570006. 3. THE DEAN KARNATAKA STATE OPEN UNIVERSITY MUKTHA GANGOTHRI, MYSURU, KARNATAKA-570006. 4. THE REGISTRAR (EVALUATION) KARNATAKA STATE OPEN UNIVERSITY MUKTHA GANGOTHRI, MYSURU, KARNATAKA-570006. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18018 WP No. 12083 of 2025 5. THE REGIONAL DIRECTOR KARNATAKA STATE OPEN UNIVERSITY GOVERNMENT PU COLLEGE FOR GIRLS, 13TH CROSS, 4TH MAIN, MALLESHWARAM, BENGALURU-560003. 6. THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF KARNATAKA, NO.645 A, 2ND GATE, 6TH FLOOR, M.S.BILDING DR. AMBEDKAR VEEDHI, BANGALORE, KARNATAKA-560 001 …RESPONDENTS (BY SRI. RAJENDRA KUMAR SUNGAY., ADVOCATE FOR R1 TO R5; SMT. NAVYA SHEKHAR., AGA FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.1 TO 5 AUTHORITY TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER COLLEGE DATED 11.2.2025 IN ACCEPTING THE RENEWAL FEE OF 117 STUDENTS VIDE ANNECURE-D AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner college/student is before this Court seeking for the following reliefs: i. To issue a writ of mandamus or any other appropriate writ or order or direction, directing the R1 to 5 authority to consider the representation made by the petitioner college dated 11.2.2025 in accepting the renewal fee of 117 students vide Annexure-D. - 3 - NC: 2025:KHC:18018 WP No. 12083 of 2025 ii. Issue an order or direction, directing the R1 to 5 by permitting the 117 students of the petitioner college to appear for academic year 2024-25 of Post Graduate and Under Graduate by accepting the annual renewal fee so as to enable the students to appear for examination for the academic year 2024-25 by considering the representation of the petitioner college dated 11.2.2025 vide Annexure- D. iii. To award costs of proceedings. iv. And to pass such other order/s as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, to meet the ends of justice. 2. The contention of the Sri.Vasantha.A.K., learned counsel for the petitioner is that the portal could not be opened by the respondents, on account of non- payment of fees by the petitioner and as such the attendants or otherwise students of the petitioner could not be recorded in the portal. 3. He, however, submits that the students have attended all the classes conducted by the petitioner and therefore they should be allowed to appear for the exams to be conducted from 8.5.2025. 4. Sri.Rajendra Kumar Sungay., learned counsel for respondents No.1 to 5 however opposes the same; - 4 - NC: 2025:KHC:18018 WP No. 12083 of 2025 4.1. Firstly, on the grounds that the payments have not been made for the last 4 years and as such Respondents No.1 to 5 have not taken the students on record and admitted them as students of Respondents No.1 to 5. 4.2. His further submission is that there being contact classes which are held from time to time. It is required for the students to attend the same and for internal assessment to be carried out by Respondents No.1 to 5 to assess the suitability of the students and it is only thereafter that they will be permitted to take up the examination. 4.3. He submits that if the petitioner college/student were to make payment of the due fees, the portal would be opened, thereafter the students of the petitioner could attend the classes, they could be assessed and thereafter take up the examination for next year. - 5 - NC: 2025:KHC:18018 WP No. 12083 of 2025 5. Sri.Vasantha.A.K., learned counsel for the petitioner persists by stating that the students of the petitioner college/student have attended the classes, and they are trained suitably enough to take up the exams and as such they will be permitted to take up the exams. 6. Heard Sri.Vasantha.A.K., learned counsel for the petitioner and Sri.Rajendra Kumar Sungay., learned counsel for respondent No.1 to 5. Perused papers. 7. The petitioner is a learners Support Centre within the meaning of Sub-regulation (r) of Regulation II of the University Grants Commission (Open and Distance Learning Programmes and Online Programmes), Regulation 2020. In terms of Regulation 14, the manner and methodology of admission is provided and in terms of Clause (15) the Common provision for Open and Distance Learning Mode, and Online Mode Evaluation has been provided. 8. Sub-Regulation (3) of Regulation 15 requires that the evaluation shall be of two types, (1) Continuous or - 6 - NC: 2025:KHC:18018 WP No. 12083 of 2025 Formative Assessment, (2) Summative Assessment in the form of End-semester Examination or Term- end Examination provided that no End-Semester Examination or Term-End Examination, shall be held in the subject unless the Higher Educational Institution, in this case Respondent No.1 to 5 is satisfied that at least 75% of the programme or study stipulated for the semester or year has actually been conducted and the learner has minimum attendance of 75% in the programme's specific personal contact programme, and lab component of each of the programmes. 9. 9. The submission of Sri.Vasantha.A.K., learned counsel the Petitioner is that since the portal had not been opened, the attendance of the students could not be captured and as such the non-capturing of the attendance should not be held against the petitioner. 10. There is nothing which has been placed on record to indicate whether the learner has attended any of the programmes, if so, how many programmes, what is the percentage of attendance and if the lab component has been attended by such a learner. - 7 - NC: 2025:KHC:18018 WP No. 12083 of 2025 This being the prerequisite for summative assessment in the form of end-semester examination the prerequisite not only is satisfied, I am of the considered opinion that there cannot be an exception made out to the petitioner college/student to take up the examination without complying with the proviso to Sub-regulation (3) of Regulation 15 of the aforesaid Regulations. 11. In that view of the matter, no ground being made out the petition stands dismissed. 12. Liberty is reserved to the petitioner college/student to make payment of the due amounts, directing respondents No.1 to 5 to open the portal within one week *for the academic year 2025-26 (July Cycle) after such payment, record the attendance of the students going forward and enable the students to take up the examinations next to be conducted. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 15 *inserted vide Court Order dated 13.08.2025