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2025 DAILYLAW 52342 (KAR)

CHARANAKUMAR S/O SIDDAIAH v. UNIVERSITY OF AGRICULTURAL SCIENCES DHARWAD

WP/102487/2025 · 2025-08-19

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10485 WP No. 102487 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102487 OF 2025 (EDN-AD) BETWEEN: CHARANAKUMAR S/O. SIDDAIAH, AGE: 31 YEARS, OCC: DEPUTY RANGE FOREST OFFICER, R/O: CHEELANAHALLI, MUDUDI POST, ARASIKERE TALUK, DISTRICT: HASSAN …PETITIONER (BY SMT. GAYATRI S. R. & SRI. ANKIT DESAI, ADVOCATES) AND: 1. UNIVERSITY OF AGRICULTURAL SCIENCES DHARWAD, REPRESENTED BY THE REGISTRAR, DHARWAD, KARNATAKA – 580 005. 2. DEAN, POST GRADUATE STUDIES, UNIVERSITY OF AGRICULTURAL SCIENCES, DHARWAD, KARNATAKA – 580 005. 3. DEAN COLLEGE OF FORESTRY, SIRSI, KARNATAKA – 581 401. 4. DIRECTORATE OF EDUCATION, UNIVERSITY OF AGRICULTURAL SCIENCES, DHARWAD, KARNATAKA – 580 005. …RESPONDENTS (BY SMT. VEENA J. BANTI & SRI. PUNEETH BADIGER, ADVOCATES FOR R1, R2 & R4; R3-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED NOTIFICATION/ORDER DATED 15.02.2022 ISSUED BY THE RESPONDENT NO.1 WHICH IS PRODUCED AT ANNEXURE-G BEARING NO. F.NO. R/A2P/A130/11/2021-22 1406-C AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10485 WP No. 102487 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari quashing the impugned notification/order dated 15.02.2022 issued by the respondent No.1 which is produced at Annexure-G bearing No. F.NO. R/A2P/A130/11/2021-22 1406- C; b. Issue a writ of mandamus directing respondents No.1 to 4 to consider the representations dated 04.03.2025 & 06.01.2022 which are produced at Annexure-J to J3 and permit the petitioner to continue his course; c. Pass or issue any other writ or orders as deemed fit in the interest of justice and equity. 2. Petitioner was admitted as student of Forestry in College of Forestry affiliated to the University of Agricultural Sciences, Dharwad-Respondent No.1 in the year 2016-17. The petitioner successfully completed the first semester by scoring a GPA of 7.32, second semester with a GPA of 8.42 with OGPA of 7.62 for both the semesters. 3. The petitioner having applied for was selected as a Forest Officer and as such, he made a representation to the first respondent seeking permission to - 3 - HC-KAR NC: 2025:KHC-D:10485 WP No. 102487 of 2025 discontinue his course and continue the same after finishing his training vide representation dated 21- 09-2017. 4. After completing his training as a Forest Officer, he had approached the Dean-respondent No.3 to permit him to apply online for readmission to continue his education for the year 2021. No response having been received, email was sent on 28.09.2020, as regards which also no response received. 5. On 29-12-2021, respondent No.1 issued a notification announcing the list of candidates provisionally selected for M.Sc. (Agri) and Ph.D programme for the academic year 2021-22 for readmission candidates. The selected candidates to undergo document verification on or before 18.01.2022. The name of the petitioner was also found in the said list. 6. Pursuant to the notification, the petitioner submitted a representation to the respondent No.1 through respondent No.2, intimating them about the selection - 4 - HC-KAR NC: 2025:KHC-D:10485 WP No. 102487 of 2025 for readmission, that he is ready to pay the fees as required. The representation having been forwarded to respondent No.2, no action was taken. Subsequently another representation was submitted on 7.01.2022 placing on record the above facts. 7. Finally, on 15.02.2022, respondent No.1 replied to the petitioner, stating that his admission had been cancelled in terms of regulation 4.2.2(C) and 4.3.4 of the academic information regulation since he had failed to register for the first semester of 2017-18 within one year. Subsequently, various correspondents have been exchanged. It is challenging the cancellation that the petitioner is before this court. 8. Learned counsel for the petitioner submits that the petitioner having been selected as a Forest Officer had voluntarily discontinued his education programme with a request to continue after the training was complete and thereafter, the petitioner has been incessantly following up with the - 5 - HC-KAR NC: 2025:KHC-D:10485 WP No. 102487 of 2025 respondents for continuation which was not considered favourably by the respondents and in that background, the aforesaid reliefs are sought for. 9. Learned counsel for respondents No.1, 2 and 4 would, however, rely upon Regulation 5.7 of the Academic Information Regulation for the Postgraduate degree programme to contend that if a candidate desirous of readmission, not seeking readmission in the immediate next academic year after cancellation of admission, the candidate shall not be eligible for readmission. The petitioner, having discontinued his Master's programme in the year 2016-17, sought readmission in the year 2021, which was beyond a period of one year from his discontinuation and in that background, he submits that the respondent university is right in rejecting the application of the petitioner for readmission. 10. Heard Ms.Gayathri.S.R, learned counsel for the petitioner, Shri. Puneeth Badiger, learned counsel for respondents No.1, 2 and 4. Perused papers. - 6 - HC-KAR NC: 2025:KHC-D:10485 WP No. 102487 of 2025 11. This is one more case where the University has treated a student admission matter as adversarial litigation and instead of trying to help the student in completing the course, has sought to hyper technically object to his readmission. 12. It is not in dispute that the petitioner had been admitted for his M.Sc. Forestry in the year 2016-17 and has a good GPA of 7.32 for the first semester, 8.45 for the second semester and an OGPA of 7.62 for both semesters out of 10. The petitioner, being a qualified person, was also selected for the post of Forest Officer and was taken up on training, which went on till the year 2020, and immediately thereafter, he applied for readmission. From 20.09.2020 till 15.02.2022, though there were several emails and correspondence which had been exchanged, it is on 15.02.2022 that the respondent No.1 informed the petitioner of the cancellation of his candidature. - 7 - HC-KAR NC: 2025:KHC-D:10485 WP No. 102487 of 2025 13. Reference having been made by counsel for respondents No.1, 2 and 4 to regulation 5.7, what is seen is regulation 5.7 is part of chapter-V relating to readmission and the entire chapter does not contemplate a voluntary discontinuation on account of selection for any particular post or otherwise, but relates to readmission and or cancellation on account of a default on part of the student, that is, if the student were not to have attendance, has not completed 75% of subjects, and or did not qualify in any of the semesters, that his admission would be cancelled and in terms of 5.7, re-admission had to be made within one year. 14. In the present case, the petitioner has discontinued the course on account of being appointed as a forest officer and immediately after completing his training has approached the respondents for readmission for better prospects in his future job. This aspect ought to have been favourably considered by the University in the interest of the student who has been selected - 8 - HC-KAR NC: 2025:KHC-D:10485 WP No. 102487 of 2025 as a Forest Officer, which is in the interest of the respondent University also. 15. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. A certiorari is issued. The impugned notification/order dated 15.02.2022 issued by respondent No.1 at Annexure-G is quashed. iii. A mandamus is issued directing respondents No.1 to 4 to consider the various representations which have been submitted by the petitioner and readmit the petitioner for M.Sc. (Agriculture), upon the petitioner paying any balance fees. iv. If balance fees are paid within a period of four weeks from today, the readmission process will be completed within six weeks from today. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 70