- 1 - HC-KAR NC: 2025:KHC:35822 WP No. 17553 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.17553 OF 2025 (EDN-RES) BETWEEN: ADITYA AGRAWAL AGED ABOUT 24 YEARS S/O. MR. ANAND AGRAWAL HAVING PERMANENT ADDRESS AT: VISHNU SERVICE CENTRE, SAKTI JANJGIR-CHAMPA CHATTISGARH – 495 689. …PETITIONER (BY SRI ANUPAM AGARWAL, ADVOCATE) AND: 1. JAIN UNIVERSITY (A DEEMED-TO-BE-UNIVERSITY DECLARED AS SUCH UNDER THE PROVISIONS OF THE UNIVERSITY GRANTS COMMISSION ACT, 1956) HAVING ITS OFFICE AT: NO.#44/4, DISTRICT FUND ROAD JAYANAGAR, 9TH BLOCK BENGALURU – 560 069 REP. BY IT VICE CHANCELLOR. 2. UNIVERSITY GRANTS COMMISSION HAVING ITS OFFICE AT: BAHADUR SHAH ZAFAR MARG NEW DELHI - 110 001. REP. BY ITS SECRETARY. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35822 WP No. 17553 of 2025 3. STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION M. S. BUILDING BENGALURU - 560 001 REP. BY THE PRINCIPAL SECRETARY. …RESPONDENTS (BY SRI S. SRIRANGA, SR. COUNSEL FOR, SMT. SUMANA NAGANAND, ADVOCATE FOR R-1; SRI H. R. SHOWRI, ADVOCATE FOR R-2; SMT. B. P. RADHA, A.G.A., FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE AND QUASH THE SAID REJECTION LETTER IN BEARING NO. JU/JR/SO-05/WP-39/5468/2025/434 DATED 02.05.2025 PRODUCED AT ANNEXURE- L ISSUED BY RESPONDENT NO.1 AS BEING ARBITRARY, DISCRIMINATORY, AND IN VIOLATION OF ARTICLES 14 AND 21 OF THE CONSTITUTION OF INDIA AND ETC. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner got enrolled for BMS, S&L course (Bachelor of Management Studies -Strategy and Leadership), which is a three years course with the respondent No.1 deemed to be university for the academic batch 2019-20 to 2021-2022. Unfortunately, the petitioner was diagnosed with multiple sclerosis, which is a chronic - 3 - HC-KAR NC: 2025:KHC:35822 WP No. 17553 of 2025 neurological disorder. It is contended by the petitioner that the said disease is an auto immune disorder. It is contended that the condition of the petitioner worsened and he has been advised by his Doctors to avoid crowded places and not to travel due to associated risks. The petitioner has not completed the course since he has failed in 5 subjects, two in the 5th semester and three in the 6th semester. The petitioner was earlier before this Court in W.P.No.5468/2025 with a prayer to consider the request of the petitioner to permit him to take up online examination in the backlog subjects. This Court recorded the submission of the learned counsel for the respondent No.1 - university that if reasonable time is granted, the respondent would consider the request made by the petitioner and take appropriate decision and pass orders. Accordingly, the impugned order at Annexure-L dated 02.05.2025 has been passed by the respondent No.1 - university stating that there is no provision for the conduct of examination in an online mode for students who have - 4 - HC-KAR NC: 2025:KHC:35822 WP No. 17553 of 2025 been enrolled in full time regular programme. Accordingly, the request made by the petitioner has been rejected. 2. Learned counsel for the petitioner submits that in terms of Section 4 of the Rights of Persons with Disabilities Act, 2016, the appropriate Government and the local authorities shall take measures to ensure that the women and children with disabilities enjoy their rights equally with others. The appropriate Government and local authorities shall ensure that all children with disabilities shall have right on an equal basis to freely express their views on all matters affecting them and provide them appropriate support keeping in view their age and disability. Learned counsel further submits that in the Schedule provided to the Act, 2016, where Specified Disability are defined. Clause 4 (a)(i) defines ‘multiple sclerosis’ as under: “4(a)(i) “multiple sclerosis” means an inflammatory, nervous system disease in which the myelin sheaths around the axons of nerve - 5 - HC-KAR NC: 2025:KHC:35822 WP No. 17553 of 2025 cells of the brain and spinal cord are damaged, leading to demyelination and affecting the ability of nerve cells in the brain and spinal cord to communicate with each other;” 3. In that view of the matter, learned counsel for the petitioner submits that the petitioner who is not in a position to travel outside should be given the benefit of writing the examination online. Learned counsel has also drawn the attention of this Court to Section 16 where the Act, 2016 prescribes certain duty on educational institutions also. It is pointed out that clause 3 of Section 16 provides that the educational institutions should provide reasonable accommodation according to the individual's requirements. While clause 4, would also provide the necessary support, individualized or otherwise, in environments that the maximized academic and social development consistent with the goal of full inclusion, should be ensured by the educational institutions. - 6 - HC-KAR NC: 2025:KHC:35822 WP No. 17553 of 2025 4. Per contra, learned Senior Counsel Sri Sriranga, appearing for the respondent No.1 - University submits that in terms of Regulation No.11 of the examination Regulations 2021 approved by the Academic Council of the respondent No.1 - University, the maximum permissible period for completing any programme shall be “N” plus 2 years, where “N” represents the minimum duration of the programme. The learned Senior Council submits that the petitioner has not been able to complete the programme even after 5 years. Nevertheless, it is submitted that having regard to the difficulties faced by the petitioner, the University is prepared to give one more opportunity to the petitioner to write the examination and complete the course. However, it would not be permissible for the University to conduct online examination for the petitioner who is now Residing at Chathisgarh. 5. Having heard the learned counsel for the petitioner, learned Senior Counsel for the respondent No.1 - University and on perusing the petition papers, this Court - 7 - HC-KAR NC: 2025:KHC:35822 WP No. 17553 of 2025 is of the considered opinion that there can be no doubt that the provisions of the Rights of Persons with Disabilities Act, 2016 mandates every reasonable opportunity to be given to persons with disabilities. However, the prayer made by the petitioner seeking directions to the University to conduct online examinations to enable the petitioner to complete the course, is something which cannot be granted by this Court, having regard to the Regulations of the University and the fact that such separate examination, that too online, which is sought by the petitioner if directed, would be beyond the Regulations of the University. 6. As rightly submitted by the learned Senior Counsel, every possible accommodation will be made for the petitioner if the petitioner wishes to take up the examination, although 5 years have elapsed and the petitioner has not been able to complete the course in terms of Regulation 11. When the university has come forward to accommodate the petitioner to such an extent, - 8 - HC-KAR NC: 2025:KHC:35822 WP No. 17553 of 2025 the petitioner should be able to take up the examination and complete the backlogs. The medical condition of the petitioner and the advice given by the Doctors is that he should avoid crowd, which means that the petitioner is able to move around and do his daily activities. If the respondent No.1 - University has come forward to accommodate the petitioner and conduct the examination once again to enable the petitioner to complete the backlog, the petitioner should take that opportunity agreeing to come and write the examination in the University. Appropriate accommodation will be made by the respondent No.1 - University to ensure that the petitioner is given a separate classroom to sit and write the examination and complete the same without any disturbance. 7. With these observations, the writ petition stands disposed of directing the respondent No.1 - University to inform the petitioner as to when he can come and take up the examination. The petitioner may - 9 - HC-KAR NC: 2025:KHC:35822 WP No. 17553 of 2025 immediately inform the respondent university in writing whether he will be able to take up the examination on the said dates or if the petitioner requires alternative dates, the same may be informed to the University and the University shall fix the examination dates accordingly. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT:VC