- 1 - HC-KAR NC: 2025:KHC:43956 WP No. 24680 of 2023 C/W WP No. 16296 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24680 OF 2023 (EDN-RES) C/W WRIT PETITION NO. 16296 OF 2025 (EDN-RES) IN WP NO. 24680/2023 BETWEEN: MISS NEEMA RAJU D/O SRI RAJU E, AGED ABOUT 25YEARS, R/O EDAKULATHUR HOUSE, NELLIKKUNNU THRISSUR, KERALA 680 005. ...PETITIONER (BY SRI. VIKRAM.H.BHAT, FOR SMT. VAISHALI HEGDE, ADVOCATES) AND: 1. KARNATAKA STATE LAW UNIVERSITY, REP BY ITS REGISTRAR, NAVANAGAR, HUBBALLI- 580 025. 2. THE REGISTRAR (EVALUATION) KARNATAKA STATE LAW UNIVERSITY, NAVANAGAR, HUBBALLI - 580 025. 3. KRISTU JAYANTI COLLEGE OF LAW REP BY ITS PRINCIPAL K NARAYANAPURA, KOTHANUR PO, BANGALORE – 560 077. ...RESPONDENTS (BY SRI. SARITHA KULKARNI, ADVOCATE FOR R-1 & R-2 SRI. TRIVIKRAM.S, ADVOCATE FOR R-3) THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INIDA PRAYING TO DIRECT THE RESPONDENTS PERMIT THE PETITIONER TO MAKE PAYMENT OF EXAMINATION FEES IN TERMS OF THE EXAMINATION NOTIFICATION DTD 27.07.2023 VIDE ANNEXURE-B SO Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43956 WP No. 24680 of 2023 C/W WP No. 16296 of 2025 AS TO ENABLE THE PETITIONER TO KEEP THE TERM AND GET PROMOTED TO THE NEXT SEMESTER. IN WP No. 16296/2025 BETWEEN: MS. NEEMA RAJU D/O. SRI. RAJU. E. I., AGED ABOUT 26 YEARS, STUDENT KRISTU JAYANTI COLLEGE OF LAW, BANGALORE, PERMANENTLY RESIDING AT EDAKULATHUR HOUSE, PARAVATTANI, PADINJARETHALA ANGADI P.O., OLLUKKARA THRISSUR, KERALA-680 005. …PETITIONER (BY SRI. BIJOY M T, ADVOCATE) AND: 1. KARNATAKA STATE LAW UNIVERSITY REPRESENTED BY ITS REGISTRAR, NAVANAGAR, HUBBALLI-580 025. 2. THE VICE-CHANCELLOR KARNATAKA STATE LAW UNIVERSITY, NAVANAGAR, HUBBALLI-580 025. 3. KRISTU JAYANTI COLLEGE OF LAW REPRESENTED BY ITS PRINCIPAL, K. NARAYANPURA,KOTHANUR P.O., BANGALORE-560 077. …RESPONDENTS (BY SRI. GIRISH KUMAR.R, ADVOCATE FOR R-1 & R-2 SRI. TRIVIKRAM.S, ADVOCATE FOR R-3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO UPDATE THE PETITIONERS 8TH SEMESTER INTERNAL ASSESSMENT MARKS IN THE MARK LIST (ANNX-H) AND TO ISSUE THE PASSING CERTIFICATE TO THE PETITIONER ACCORDINGLY. - 3 - HC-KAR NC: 2025:KHC:43956 WP No. 24680 of 2023 C/W WP No. 16296 of 2025 THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In W.P.No.24680/2023, petitioner seeks for the following reliefs:- “ (i) Issue a Writ of mandamus or any other appropriate Writ direction or Order directing the respondents permit the petitioner to make payment of Examination Fees in terms of the Examination Notification dated: 27/07/2023 vide Annexure-‘B’, so as to enable the petitioner to keep the term and get promoted to the next semester, in the interest of justice and equity. (ii) Issue a Writ or order or Directions directing the Respondents to promote the petitioner to the 5th Year(9th Semester) of 5 Years B.B.A.L.L.B, Course and permit the petitioner to attend the classes, in the interest of justice and equity. (iii) Issue such other Writ or Order or Direction as deemed fit under the facts and circumstances of the case, in the interest of justice and equity.” In W.P.No.16296/2025, petitioner seeks for the following reliefs:- “ (a) Issue a Writ of mandamus or any other appropriate Writ direction or Order directing the respondents to update the petitioner’s 8th semester Internal Assessment - 4 - HC-KAR NC: 2025:KHC:43956 WP No. 24680 of 2023 C/W WP No. 16296 of 2025 Marks in the Mark List (Annexure-H) and to issue the Passing Certificate to the petitioner accordingly, in the interest of justice and equity.. (b) Issue such other directions as may deemed fit by this Honourable Court in the facts of the case and order for cost of the proceedings in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner’s request to write examination of the 8th semester and to get promoted for 9th semester was refused by the respondents – College and KSLU on the ground that the petitioner did not possess the requisite 70% attendance and she possessed only 60% attendance, which was insufficient to enable her to write examination for the 8th semester and get promoted to 9th semester. When the matter was posted before this Court on 21.11.2023, the following order was passed:- Heard the learned counsel for the parties on interim prayer. Perused the records. The petitioner is a student pursuing 5 year B.B.A LLB course in the respondent No.3- Institution. The petitioner is in the 4th year of the course having a good academic - 5 - HC-KAR NC: 2025:KHC:43956 WP No. 24680 of 2023 C/W WP No. 16296 of 2025 record, being studious and focused candidate. The petitioner aggrieved by the inaction on the part of the respondent No.3 in not permitting the petitioner to pay examination fee in terms of examination notification dated 27.07.2023 for the examination scheduled to commence in the month of September 2023. The respondent No.3 has assigned reason that the petitioner is having shortage of attendance, hence, she cannot be permitted to pay examination fees. The last date for making payment of examination fee with penalty was 23.08.2023 as per the notification dated 27.07.2023. It is contended that the petitioner was having 71.26% of attendance as on the last working day of the respondent No.3 college. In support of her contention the petitioner has produced Annexure-C which disclose that the petitioner was having 71.26% of attendance as on the last date of working of the respondent No.3- college. Further, the petitioner has also produced the records to show that she was suffering from Adjustment Disorder and she is receiving regular treatment. She is on medication under doctor M.D.(Psychiatry) and produced prescriptions and medical certificate. The petitioner could not attend the college on medical grounds. The respondent No.3 has refused to accept the medical certificates along with leave application. Further, the petitioner approached the respondent No.3 for payment of examination fee, the respondent No.3 – college sought for clarification from the university vide - 6 - HC-KAR NC: 2025:KHC:43956 WP No. 24680 of 2023 C/W WP No. 16296 of 2025 communication dated 05.10.2023 stating that the petitioner was possessing 60% attendance as on the last working day i.e., 5th September 2023. The university has not replied to the communication dated 05.10.2023. As there is discrepancy in the records. Hence the matter requires consideration. The petitioner has produced Annexure-C and C1 which disclose that petitioner was having 71.26% attendance, whereas in Annexure-J, the respondent No.3 states that petitioner was having 60% attendance. The petitioner produced guidelines issued by respondent No.3. Further, from the perusal of the guidelines issued by the respondent No.3-university at clause-4 which reads as under: “4. Students with attendance percentage above 60% but less than 75% will not be eligible to appear for the end semester exams but may be promoted to the next semester, if they make the payment of examination fees.” Though the petitioner has made an attempt to pay examination fee, but the college has not accepted examination fee. Further, in terms of the guidelines issued by the respondent No.3, admittedly, the petitioner is having 60% of the attendance and the petitioner is entitle to be permitted to the next semester. Further, from the perusal of medical records, the petitioner was suffering from Adjustment Disorder and she is under treatment as on day. The petitioner has shown sufficient cause for not having 75% attendance. Hence, the petitioner has made out prima facie case for grant of interim order. - 7 - HC-KAR NC: 2025:KHC:43956 WP No. 24680 of 2023 C/W WP No. 16296 of 2025 The respondents are directed to promote the petitioner to the 5th year (9th Semester) of B.B.A LLB., course and permit the petitioner to take admission to 5th year (9th Semester) of B.B.A LLB., course and permit the petitioner to attend classes of 9th semester. The interim order is subject to the final outcome of the writ petition. In case, if the petitioner fails in the writ petition, the petitioner shall not claim any equity.” 4. Subsequently, the petitioner wrote the 8th semester examination and has successfully passed 8th semester both the Theory papers as well as by way of internal assessment; so also, the petitioner attended 9th and 10th semester classes and completed her 5 year B.B.A LL.B course and has passed 9th and 10th semester examinations. Thereafter, since the respondents did not issue the internal assessment marks of the 8th semester to the petitioner, petitioner approached this Court in the connected matter in W.P.No.16296/2025 with a limited request to the respondent – KSLU to update the 8th semester internal assessment marks so as to enable the petitioner to obtain Degree certificate and issue the Passing certificate in favour of the petitioner for having completed successfully the entire course concerning of 5 years (10 semesters). - 8 - HC-KAR NC: 2025:KHC:43956 WP No. 24680 of 2023 C/W WP No. 16296 of 2025 5. In W.P.No.24680/2023, this Court once again passed the following interim order dated 30.07.2025, which reads as under:- “ After hearing the learned Counsel for the petitioner for some time, it is clear that it is the contention of the petitioner that pursuant to the interim orders passed by this Court in W.P.No.24680/2023 dated 21.11.2023, the petitioner was promoted to the 9th Semester of B.B.A, LL.B Course and since the petitioner had the requisite attendance and she had kept the term for the 9th and 10th Semesters, she was permitted to take up the end term examination of the 9th and 10th Semesters. It follows that the petitioner became automatically eligible to take up the 8th semester examination (no attendance required). Accordingly, the petitioner was permitted to take up the 8th, 9th and 10th Semester examinations and the results of the theory papers have been announced. It is also a fact that the internal assessment marks of the petitioner for the 9th and 10th semesters have also been announced. What requires to be announced is only the internal assessment marks of the 8th semester. At the request of the learned counsels appearing for the respondent-KSLU, re-list these matters on 05.08.2025 at 02.30 p.m.” 6. The petition is vehemently opposed by the respondent – University on the ground that the interim order passed by this Court by taking note of the examinations of 8th semester by the petitioner - 9 - HC-KAR NC: 2025:KHC:43956 WP No. 24680 of 2023 C/W WP No. 16296 of 2025 and getting promoted to 9th semester was only an interim relief and would be subject to final outcome of the petitioner and the petitioner, who possessed only 60% attendance cannot claim to have successfully passed 8th semester examination and both the petitions are liable to be dismissed. 7. However, having regard to the fact that the petitioner has successfully completed the 10 semesters and has passed all 10 semesters and had requisite attendance in 9th semester and 10th semester and course completion certificate has already been issued by the College in favour of the petitioner, without expressing any opinion on the merits / demerits of the rival contentions as well as without adjudicating upon the issues / questions as to whether the petitioner was entitled to appear in the 8th semester examination and got promoted to 9th semester because to shortage of attendance, in the peculiar / unique / special circumstances of the instant cases, bearing in mind the fact that the petitioner has passed all examinations for all 10 semesters examinations and successfully completed the course, I deem it just and appropriate to dispose of these petitions by directing the 3rd respondent – College to update the 8th semester internal assessment marks in the marks - 10 - HC-KAR NC: 2025:KHC:43956 WP No. 24680 of 2023 C/W WP No. 16296 of 2025 list and issue passing certificate in favour of the petitioner within a period of four weeks from the date of receipt of a copy of this order. Further, immediately upon the petitioner obtaining the 8th semester internal assessment marks and passing certificate from the 3rd respondent – college, and furnishing the same to the respondents 1 and 2, they shall issue the Degree certificate in favour of the petitioner within a period of four weeks from the date of issuance of the internal assessment marks and passing certificate by the 3rd respondent - college. It is made clear that the present order is passed in the peculiar / special / unique facts and circumstances of the instant case and the same shall not be treated as precedent nor the same shall have any precedential value for any purpose whatsoever, having regard to the fact that the petitioner has successfully completed the course and has passed all the examinations for all 10 semesters. 8. With the aforesaid observations, petitions stand disposed of accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.