- 1 - HC-KAR NC: 2025:KHC:19050 WP No. 12190 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 12190 OF 2025 (EDN-RES) BETWEEN: MS. SAMRUDDHI SADASHIV BENNURKAR D/O. SADASHIV BENNURKAR, AGED 28 YEARS, REG. NO 1DS16EI401, R/O. NO. S-3, ANKUSH RESIDENCY, SHAHU PARK, RAJENDRA NAGAR, SHIVAJI UNIVERSITY, KARVIR, KOLHAPUR, MAHARASHTRA - 416004. …PETITIONER (BY SRI. ARVIND N., ADVOCATE) AND: 1. VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA, BELAGAVI 590018. REP. BY ITS REGISTRAR. 2. DAYANANDA SAGAR COLLEGE OF ENGINEERING, SHAVIGE MALLESHWARA HILLS, KUMARASWAMY LAYOUT, BENGALURU - 560078. REP. BY ITS PRINCIPAL. …RESPONDENTS (BY SRI. SANTHOSH S. NAGARALE, ADVOCATE FOR R1; NOTICE TO R2 IS HELD SUFFICIENT VIDE ORDER DATED 25.04.2025) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19050 WP No. 12190 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDA PRAYING TO QUASH/SET ASIDE THE ORDER DTD. 03.11.2022 PASSED BY R-1 UNIVERSITY VIDE ANNX-H; DIRECT THE RESPONDENT UNIVERSITY TO CONSIDER THE REPRESENTATION DTD. 15.11.2022 GIVEN BY THE PETITIONER TO THE R-1 UNIVERSITY VIDE ANNX-J AND CONSEQUENTLY DIRECT THE RESPONDENT UNIVERSITY TO EXTEND 1 MORE YEARS TO COMPLETE THE BE COURSE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who was enrolled for Undergraduate Course in Engineering with the second respondent, is aggrieved by the Communication dated 03.11.2022 [Annexure - H] issued by the first respondent - the University. The first respondent, by the impugned Communication dated 03.11.2022, has informed the second respondent to appraise the petitioner about the applicable University's Regulations/Norms, and this Communication is in response to the petitioner's - 3 - HC-KAR NC: 2025:KHC:19050 WP No. 12190 of 2025 request, which is forwarded by the second respondent to the first respondent, seeking extension to complete her Undergraduate Course. 2. The undisputed facts are that the petitioner, who enrolled herself for the Undergraduate Course as aforesaid for the year 2016-17, had to complete her course within six academic years, but the petitioner has not. The petitioner contends that she could not complete the course within the prescribed six academic years because of the intervening COVID-19 Pandemic and the loss of her father during this period. 3. If Mr. Arvind N., the learned counsel for the petitioner, relying upon a decision of a Co-ordinate Bench of this Court in W.P. No.19097/20241, submits that this Court must permit the petitioner additional attempts to complete 1 This petition is disposed of on 21.10.2024 - 4 - HC-KAR NC: 2025:KHC:19050 WP No. 12190 of 2025 her course, Mr. Santhosh S. Nagarale, the learned counsel for the first respondent, submits that this Court must distinguish the decision in W.P. No.19097/2024 because it is rendered in the light of the Notification dated 15.12.2021 issued by the National Commission for Indian System of Medicine, which is not applicable to the present case. 4. The learned counsel further elaborates that: [a] the first respondent, in terms of the Communication received by All India Council for Technical Education [AICTE], has permitted the students to go to the next year without having to actually take up examinations giving the benefit of the average of the earlier two Semesters to mitigate the hardship to the student community because of the difficulties wrought by COVID-19 Pandemic, - 5 - HC-KAR NC: 2025:KHC:19050 WP No. 12190 of 2025 [b] the petitioner could not avail this advantage because she had backlogs in the two previous Semesters. The learned counsel also canvasses that the petitioner had two years beyond the COVID-19 affected period to complete her course, but she has not. 5. The circumstances, as canvassed by Mr. Santhosh S. Nagarale are formidable by themselves, and this Court must also observe that the petitioner is made known way back in the year 2022 that she cannot seek extension because of the University's Regulations/Norms and despite being so informed in the year 2022, she has approached this Court only in April 2025. There is a delay, and this in itself will defeat the petitioner's rights. This Court must also conclude that in the light of the afore and a decision of this Court in W.P No.51509/2017 - 6 - HC-KAR NC: 2025:KHC:19050 WP No. 12190 of 2025 [a decision that was relied upon by Mr. Santhosh S. Nagarale], the petitioner cannot succeed. 6. This Court's observation in the aforesaid writ petition reads as under: "5. Having regard to the fact that the notification specifically states that beyond six years, the petitioner is not entitled to any further opportunity to appear in the examinations in which he has not cleared, this Court exercising jurisdiction under Article 226 of the Constitution, cannot direct the respondent-University to permit the petitioner to appear in further examinations to be conducted by the University; that too, by an interim order. Such a direction would be a direction to the University to violate its extant Regulations which is impermissible in law. In the circumstances, no relief can be granted to the petitioner herein as sought by him. However, in the event the respondent- University affords further opportunity to the petitioner to complete his course, he is entitled to make use of such an opportunity, if he is otherwise eligible to do so." - 7 - HC-KAR NC: 2025:KHC:19050 WP No. 12190 of 2025 In the light of the afore, the petition stands disposed of, observing that in the event the first respondent, because of multiple representations, extends any opportunity, the petitioner can avail thereof. SD/- (B M SHYAM PRASAD) JUDGE RB