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2025 DAILYLAW 36880 (KAR)

PURVA KHARBIKAR v. THE STATE OF KARNATAKA

WP/34924/2024 · 2025-04-16

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:15790 WP No. 34924 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34924 OF 2024 (EDN-RES) BETWEEN: PURVA KHARBIKAR D/O MANISH KHARBIKAR AGED ABOUT 20 YEARS RESIDING AT NO. 01, KSRP SENIOR OFFICER’S RESIDENTAILA QUARTERS MADIVALA ROAD OPP. FSI 2ND BLOCK, KORAMANGALA BANGALORE – 560 008. …PETITIONER (BY SRI. MURALI N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY EUDUCATION DEPARTMENT VIDHANA SOUDHA BANGALORE – 560 001. 2. THE REGISTRAR (EVALUATION) KARNATAKAA STATE LAW UNIVERSITY BANGALORE – 560 056. 3. SETH SHANKARLAL LAHOTI LAW COLLEGE KALABURAGI – 585 102. REP BY ITS PRINCIPAL. 4. ST. JOSEPH'S COLLEGE OF LAW NO.18 RESIDENCY ROAD BANGALOER – 560 025. REP BY ITS PRINCIPAL. …RESPONDENTS (BY SRI. SUDEV HEGDE, AGA FOR R-1 SRI. GIRISH KUMAR.R, ADVOCATE FOR R-2 NOTICE TO R-3 & R-4 ARE D/W V/O DATED: 06.01.2025) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:15790 WP No. 34924 of 2024 THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED PROVISIONAL RESULT SHEET OF AUG-SEP 2024 IN SO FAR IT RELATES TO THE COMPANY LAW SUBJECT OF THE PETITIONER AT ANNEXURE A 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 for the following reliefs:- “a) Issue a Writ of Certiorari, or any other appropriate writ, or order, or direction in the nature of writ, thereby quashing impugned provisional result sheet of Aug- Sept-2024 in so far it relates to the Company Law subject of the Petitioner at Annexure-A. b) Issue a Writ of Mandamus, or any other appropriate writ, or order, or direction in the nature of Writ, thereby directing Respondent No.2 to award three grace marks to the petitioner in the Company Law papers of the Petitioner; c) Award costs of this petition and grant nay other appropriate relief deemed necessary in the circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned AGA for the 1st respondent as well as learned counsel for 2nd respondent and perused the material on record. - 3 - NC: 2025:KHC:15790 WP No. 34924 of 2024 3. Learned counsel for the petitioner placed reliance upon the order passed by the co-ordinate Bench of this Court in the case of Farook Ahmed vs. The Karnataka State Law University & Anr. – W.P.No.2898/2023 Dated 28.02.2024 in order to point out that the total marks in the Examination comprising of Theory and Practical is 100 and consequently, the Regulation entitled the petitioner to claim 3 grace marks for the purpose of passing the examination in Company Law, in which she has secured 29 marks as against the minimum passing marks of 32, which is impugned in the marks sheet deserves to be quashed and petitioner be awarded / granted 3 grace marks in terms of the Regulations. 4. Per contra, learned counsel for 2nd respondent – KSLU submits that the petitioner not having passed the remaining semesters examinations, which is mandatorily required for the purpose of seeking protection under the Regulation as held by this Court in the case of M.Bharath Kumar Reddy vs. The Vice Chancellor & others – W.P.No.201030/2023 Dated 28.02.2024, the petitioner is not entitled to any relief in the present petition. 5. At this stage, learned counsel for the petitioner submits that request of the petitioner for grant of 3 additional grace marks - 4 - NC: 2025:KHC:15790 WP No. 34924 of 2024 may be considered by the respondents after the petitioner successfully clears remaining examinations in terms of Bharath Kumar Reddy’s case supra. 6. In view of the aforesaid facts and circumstances and in the light of the undisputed fact that other than the examination in Company Law, in which the petitioner has secured only 29 marks as against minimum required marks of 32 coupled with the fact that the petitioner has failed in the remaining semesters / examinations, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to make a request for awarding grace marks after passing the remaining semesters. It is made clear that in the event, the petitioner passes all subjects in all the examinations / semesters and makes a request for awarding grace marks in the instant VI semester in Company Law, the respondents shall consider the same and take appropriate decision in accordance with law. 7. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.