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2025 DAILYLAW 48863 (KAR)

MR. BENANTONIO. R v. DAYANANDA SAGAR UNIVERSITY

WP/32077/2025 · 2025-10-27

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42654 WP No. 32077 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 32077 OF 2025 (EDN-RES) BETWEEN: 1. MR. BENANTONIO. R S/O MANVEL STEPHEN RODRIGUES, AGED ABOUT 24 YEARS RESIDENT OF JAYALAXMI NILAYAM, YASHODAMMA LAYOUT, SRINIDI NILAYA, 1ST CROSS, 2ND MAIN, KUDLU, BENGALURU-560 068, FORMER STUDENT, LL.B (3 YEAR) PROGRAMME, DAYANANDA SAGAR UNIVERSITY, SCHOOL OF LAW, BENGALURU. 2. MR. KARTIKKUMAR S S/O SHIVASWAMY R AGED ABOUT 31 YEARS RESIDENT OF NO.607, 4TH MAIN, 2ND STAGE, 9TH BLOCK, NAGARBHAVI, BENGALURU-560 072, FORMER STUDENT LL.B (3 YEAR) PROGRAMME, DAYANANDA SAGAR UNIVERSITY, SCHOOL OF LAW, BENGALURU. …PETITIONERS (BY SRI. HARSHA PRABHAKAR, ADVOCATE FOR SMT. AISHWARYA.M, ADVOCATE) AND: DAYANANDA SAGAR UNIVERSITY A PRIVATE UNIVERSITY ESTABLISHED UNDER THE DAYANANDA SAGAR UNIVERSITY ACT, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42654 WP No. 32077 of 2025 2012 HAVING ITS OFFICE AT KUDLU GATE CAMPUS, HOSUR MAIN ROAD BENGALURU-560 068. REPRESENTED BY ITS REGISTRAR, DR.PUTTAMADAPPA C. …RESPONDENT (BY SRI. BADRI VISHAN, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-UNIVERSITY TO CONSIDER AND AWARD MEDALS TO THE TOPPERS OF THE LL.B. (3- YEAR) PROGRAMME FOR THE 2022 BATCH, IN ACCORDANCE WITH SECTION 8(iv) OF THE DAYANANDA SAGAR UNIVERSITY ACT, 2012 AND IN A FAIR AND NON-DISCRIMINATORY MANNER. THIS PETITION, COMING ON FOR ORDERS, 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 Mandamus, or any other appropriate writ, order or direction, directing the Respondent –University to consider and award medals to the toppers of the LL.B(3-years) Programme for the 2022 Batch, in accordance with Section 8(iv) of the Dayananda Sagar University Act, 2012 and in a fair and non- discriminatory manner; b. Issue a writ of Mandamus, or any other appropriate writ, order, or direction, restraining the Respondent –university from conducting the convocation scheduled on 28th October 2025, as per the invitation produced at Annexure-G, without including the medal distribution for students of the School of Law, pending - 3 - HC-KAR NC: 2025:KHC:42654 WP No. 32077 of 2025 due consideration and disposal of the Petitioner’s representations regarding medal eligibility; c. Grant an interim order of stay on the operation and effect of any decision or communication excluding the school of Law from medal eligibility, until the final disposal of this Writ Petition; d. Pass such other order(s) or direction(s) as this Hon’ble Court may deem fit, proper, and necessary in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned counsel for respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner joined 3 year LLB programme at the respondent – University and successfully completed their course in May 2025. The 6th semester marks card produced by the petitioners indicate that while petitioner No.1 obtained CGPA 8.44, petitioner No.2 obtained CGPA 8.18. It is the grievance of the petitioners that when they requested the respondent – University to award them Class, Ranks and Medals in the Convocation scheduled on 28.10.2025, the respondent – University intimated the petitioners that as per the Regulations for award of ranks and medals of the respondent – University, only students who have obtained CGPA more than 9 - 4 - HC-KAR NC: 2025:KHC:42654 WP No. 32077 of 2025 would be eligible to Rank and a Medal and refused to award Ranks and Medals to the petitioners, who are before this Court by way of the present petition. 4. 4. Per contra, it is the contention of the respondent that as per Regulation No.8 w.e.f.2022-23, the minimum CGPA to be obtained / secured by a student should be equal to or more than to be eligible to be considered for a rank and consequent medal and since the petitioners CGPA was 8.44 and 8.18 respectively, the petitioners could not demand awarding of ranks and medals and as such, there is no merit in the petition and the same is liable to be dismissed. 5. Before adverting to the rival contentions, it would be apposite to refer to regulation 8 of the Extant Regulation, which is as under:- “8. The ranks for each program are declared as per the conditions laid down as below: Programme under Grading System: a) For declaring the ranks, the final CGPA is taken into consideration. b) Rankings will be assigned / awarded in the descending order of their performance. - 5 - HC-KAR NC: 2025:KHC:42654 WP No. 32077 of 2025 c) Students having a CGPA of equal to or more than 9.00 is only eligible to be considered for a rank. d) CGPA score shall be considered up to two decimal point. e) In case two or more students secure same CGPA, tie- breaking rule shall be applied. If the tie continues, the same shall be resolved by comparing the Final semester/ Year SGPA. If the tie persists, then the number of times the student has obtained the higher SGPA shall be considered.” 6. Regulation 8(1)(c) clearly contemplates that for the purpose of eligibility to be considered for a rank, it was absolutely essential for the petitioners to have obtained CGPA of equal to or more than 9.00; as stated supra, in the light of the undisputed fact that the petitioners had obtained CGPA 8.44 and 8.18 respectively, they would not be entitled to be awarded a rank or medal as sought for by the petitioners, who clearly not entitled to any relief in the present petition, which deserves to be dismissed. 7. Accordingly, I do not find any merit in the petition and the same is hereby dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV/SRL