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2025 DAILYLAW 44171 (KAR)

THE REGISTRAR (EVALUATION) v. SELVAGANABATHY R

WA/100583/2024 · 2025-03-04

C M Poonacha, S G Pandit

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Judgment text

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- 1 - NC: 2025:KHC-D:4226-DB WA No. 100583 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100583 OF 2024 (EDN-RES) BETWEEN: THE REGISTRAR (EVALUATION), KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBBALLI, KARNATAKA-580025. …APPELLANT (BY SRI K.L. PATIL, ADVOCATE) AND: 1. SELVAGANABATHY R AGE: 29 YEARS, OCC: STUDENT, R/O: H.NO.3, BANNERUGATTA ROAD, NEXT TO STATION MARKET, GOTTIGERE, BENGALURU-560083. 2. THE PRINCIPAL, DR RAMMANOHAR LOHIA LAW COLLEGE, 1 AND 2, GOTTIGERE BANNERGATTA, MAIN ROAD, BENGALURU-560083. …RESPONDENTS (BY SRI.ARAVIND D KULKARNI, ADVOCATE FOR C/R1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 08/08/2024 PASSED IN WP NO.104415/2024 (EDN- RES), IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4226-DB WA No. 100583 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M POONACHA) The present intra-Court appeal under Section 4 of the Karnataka High Court Act, 1961 is filed challenging the order dated 8.8.2024 passed in WP No.104415/2024. 2. The learned Single Judge vide impugned order dated 8.8.2024 allowed the writ petition, set-aside the impugned order dated 1.7.2024 (Annexure-B) and reserved liberty to the University to redo the enquiry. It is further observed that there would be no impediment for the petitioner to appear in ensuing exams. 3. The apprehension of the appellant, as submitted by the learned counsel Sri. K.L.Patil for the appellant, is that if the petitioner is permitted to appear in the examination, the same would impact the declaration of result having regard to the result of enquiry. It is further submitted by the learned counsel for the appellant/University that the next exams are scheduled in the month of July, 2025. 4. Learned counsel Sri. Aravind D Kulkarni, for respondent No.1/writ petitioner submitted that the writ - 3 - NC: 2025:KHC-D:4226-DB WA No. 100583 of 2024 petitioner has already appeared in the examination. It is further submitted that pursuant to the order dated 25.1.2025 passed in WP No.104890/2024, the appellant/University is required to conduct enquiry, in terms of the guidelines passed therein. 5. In view of the aforementioned, the present appeal is disposed off, reserving liberty to the appellant/University to complete the enquiry, in terms of directions issued by this Court vide order dated 25.1.2025 passed in WP No.104890/2024, as expeditiously as possible, in any event on or before 30.6.2025. In the event, the enquiry is not completed before the said date, the writ petitioner shall be permitted to appear in the next ensuing examination. The results of the examination, which have already been taken by the writ petitioner, shall be subject to the result of the enquiry. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR List No.: 1 Sl No.: 9