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2025 DAILYLAW 85715 (KAR)

KUM USHA D/O. BASAVARAJ MULIMANI v. THE STATE OF KARNATAKA

WP/104638/2025 · 2025-07-16

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8809 WP No. 104638 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104638 OF 2025 (EDN-AD) BETWEEN: KUM. USHA D/O. BASAVARAJ MULIMANI, AGE: 19 YEARS, OCC: STUDENT, H.NO.17, JAYANAGAR, 2ND CROSS, DHARWAD. …PETITIONER (BY SRI. HERUNDI AMARAPPA ADAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE AND TECHNICAL EDUCATION, PALACE ROAD, BENGALURU-560001. 3. THE SECRETARY, UNIVERSITY GRANTS COMMISSION, NEW DELHI-110002. 4. THE REGISTRAR, KARNATAK UNIVERSITY, DHARWAD-580003. 5. THE PRINCIPAL, KARNATAK UNIVERSITY’S SIR SIDDAPPA KAMBLI LAW COLLEGE, DHARWAD-580001. 6. THE NODAL OFFICER, UNIFIED UNIVERSITY AND COLLEGE MANAGEMENT SYSTEM (UUCMS), DEPARTMENT OF HIGHER EDUCATION, BENGALURU. …RESPONDENTS (BY SRI.P.N.HATTI, HCGP FOR R1, R2 & R6; SRI.K.L.PATIL, ADVOCATE FOR R4 & R5) Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.19 12:48:37 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8809 WP No. 104638 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION DIRECTING THE RESPONDENTS NO.5 TO PERMIT THE PETITIONER TO APPLY AND PURSUE THE ADMISSION PROCESS TO THE LLB COURSE PROVISIONALLY, SUBJECT TO CONFIRMATION OF ELIGIBILITY AND FINAL ENROLMENT. B. DIRECT THE RESPONDENT NOT TO CANCEL OR INTERFERE WITH THE PETITIONER’S ONGOING GRADUATION COURSE, TILL SHE INITIATES OR COMPLETES THE LLB ADMISSION PROCESS. C. DECLARE THAT THE DENIAL OF ACCESS ON THE UUCMS PORTAL WITHOUT PROPER HEARING OR REGULATION IS ILLEGAL AND VIOLATIVE OF FUNDAMENTAL RIGHTS AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1, 2 and 6 and the learned counsel for respondent Nos.4 and 5. 2. Notice to respondent No.3 is dispensed, as no relief is sought against the said respondent. 3. It is the contention of the learned counsel for the petitioner that the petitioner is a student pursuing her - 3 - HC-KAR NC: 2025:KHC-D:8809 WP No. 104638 of 2025 1st year B.A. Degree at Government First Grade College, Kalaghatagi, District Dharwad affiliated to Karnatak University, Dharwad. After having taken admission for B.A. Degree course, the petitioner is now intending to pursue 5 years integrated LLB course in the Karnatak University’s Sir Siddappa Kambli Law College of Karnatak University, Dharwad. 4. The grievance of the petitioner is that, she had applied for the said LLB programme, but she is unable to proceed with the online admission process due to denial of access in the UUCMS portal, on the ground that “the petitioner is already enrolled in a degree programme and cannot apply for another degree simultaneously. Please complete or withdraw from the current program before applying”. 5. Learned counsel for the petitioner submits that the petitioner has enrolled to B.A. Degree and now if she gets admission for 5 years integrated LLB course, she would withdraw from the 1st year B.A. degree from the - 4 - HC-KAR NC: 2025:KHC-D:8809 WP No. 104638 of 2025 Government First Grade College, Kalaghatagi. If she does not get admission for the 5 years integrated LLB course, the petitioner may pursue the degree college for 1st year B.A. course. The rejection of the petitioner’s application in the UUCMS portal is the reason for the petitioner to approach this Court. 6. Learned AGA representing the State and the learned counsel for the respondent-Karnatak University submits that the petitioner cannot apply in two courses simultaneously, hence the UUCMS portal has denied the said application. The petitioner has to withdraw one course to join another course as simultaneous courses are not permitted. The contention of the petitioner is that if admission is granted and she is permitted to apply in the said portal for the 5 years integrated LLB course, she will withdraw from the 1st year B.A. course. 7. It is quite natural that a person may join a particular course but apply for admission in another course, for which they are eligible. The concerned - 5 - HC-KAR NC: 2025:KHC-D:8809 WP No. 104638 of 2025 authority can put forth the eligibility criteria for continuation in the new course by saying that only if they withdraw from the previous course they will be permitted for admission. On such condition, which is now undertaken by the petitioner, the respondents can permit the petitioner to apply for the 5 years integrated LLB course. Therefore, this Court is of the opinion that the respondent No.1 shall open the UUCMS portal for the petitioner to fill her application for admission to the 5 years integrated LLB course at Karnatak University’s Sir Siddappa Kambli Law College of Karnatak University, Dharwad and put forth the condition, as required, and if the petitioner gets selected and does not withdraw from the previous 1st year B.A. degree at Government First Grade College, Kalaghatagi, District Dharwad, the respondents would be at liberty to take action in accordance with law. Therefore, in view of the petitioner giving the undertaking that she will withdraw from the 1st year B.A. degree course, this Court can dispose of the matter. - 6 - HC-KAR NC: 2025:KHC-D:8809 WP No. 104638 of 2025 8. This Court is conscious of the fact that students often apply to several universities and colleges in pursuit of the best courses available to get the desired educational qualification to pursue their career. In doing so, they may apply for multiple courses simultaneously. The respondent universities and colleges, having their own rules, regulations, and eligibility criteria, are entitled to highlight and enforce the same. This Court finds no fault if such conditions are imposed, and in cases where those conditions are not complied with, the respondent universities/colleges may require a student, such as the petitioner to withdraw from a previous course or institution in order to be eligible for admission to the current 5 years integrated LL.B. course. If the petitioner fails to meet the eligibility conditions imposed by the concerned college/university, the respondents would be within their domain and rights to cancel the petitioner’s admission. Under the circumstances, I pass the following: - 7 - HC-KAR NC: 2025:KHC-D:8809 WP No. 104638 of 2025 ORDER i. This petition is allowed. ii. Writ of mandamus is issued directing the respondent No.5 to permit the petitioner to apply for the 5 years integrated LLB course. However, the same will be subject to confirmation of the eligibility and final enrolment. iii. Upon the petitioner being successful in enrolling into 5 years LLB course, as sought for, the petitioner shall fulfill the eligibility conditions as prescribed by the respondent- College and the University. iv. The respondent No.5 shall open the UUCMS portal for the petitioner to fill her application for enrolling into the 5 years integrated LLB course. v. Since the time period for filing of the application for the 5 years integrated LLB - 8 - HC-KAR NC: 2025:KHC-D:8809 WP No. 104638 of 2025 course was closed yesterday i.e., on 15.07.2025, for the reasons specified in Annexure-C, the respondent No.5 shall open the portal, which shall facilitate the petitioner to fill the application from today i.e., 16.07.2025 at 2.00 p.m. till 17.07.2025 at 5.00 p.m., within which period the petitioner shall fill the application with all necessary and eligibility requirements. vi. No opinion is expressed by this Court with regard to the petitioner being eligible for the 5 years integrated LLB course. vii. Learned counsel for the respondents to intimate for opening of portal. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK List No.: 1 Sl No.: 4