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2026 DAILYLAW 3139 (KAR)

KUM.HIMANI H K v. THE STATE OF KARNATAKA

WP/37801/2025 · 2026-04-09

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19856 WP No. 37801 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 37801 OF 2025 (EDN-RES) BETWEEN: KUM.HIMANI H.K., D/O H.L.KUTTAPPA, AGED ABOUT 23 YEARS, R/AT NO.78, 2ND MAIN, MAHADESHWARA BHADAVANE, VIJAYANAGAR II STAGE, MYSORE - 570 016. …PETITIONER (BY SRI. K.K.VASANTH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF EDUCATION, M.S.BUILDING, DR. AMBEDKAR VEEDI, BENGALURU - 560 001. REPRESENTED BY ITS CHIEF SECRETARY. 2. VISVESVARAYA TECHNOLOGICAL UNIVERSITY, JNANA SANGAMA CAMPUS, MACHHE, BELAGAVI - 590 018. REPRESENTED BY ITS VICE CHANCELLOR. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19856 WP No. 37801 of 2025 3. VIDYAVARDHAKA COLLEGE OF ENGINEERING (AUTONOMOUS INSTITUTION AFFILIATED WITH VISVESVARAYA TECHNOLOGICAL UNIVERSITY (VTU), BELAGAVI, AND APPROVED BY AICTE, WITH A RECOGNITION FROM THE GOVERNMENT OF KARNATAKA. VVCE IS ACCREDITED BY THE NBA AND NAAC WITH AN 'A' GRADE. OFFICE AT P.B. NO.206, GOKULAM III STAGE, MYSURU - 570 002. REPRESENTED BY ITS PRINCIPAL. …RESPONDENTS (BY SMT.SUKANYA BALIGA B., AGA FOR R1; SRI.SANTOSH B NAGARALE, ADVOCATE FOR R2; SRI.SATEESH N KOTTALAGE, ADVOCATE AND SRI.CHANDAN S MALAPUR, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WHEREFORE, THE PETITIONER HUMBLY PRAYS THAT, TO CALL FOR RECORDS ON THE FILE OF THE RESPONDENT NO.3, PERTAINING TO THE PETITIONER'S ADMISSION RECORDS AND SUCH OTHER RELEVANT DOCUMENTS PERTAINING TO HER 1 AND 11 SEMESTER OF PG-MBA PROGRAMME, HEAR THE PARTIES AND PASS THE FOLLOWING ORDERS A) TO DECLARE THAT, THE CIRCULAR DATED 30.09.2025, IN VVCE/COE/CR-05/2025-26, ISSUED BY THE RESPONDENT NO.3, SO FAR AS PETITIONER IS CONCERNED, SHOWING HER NAME AS HIMANI.H.K AND HER USN NO. 4VV24BA051 AND CREDITS MORE THAN 16 L.E., 23. - 3 - HC-KAR NC: 2026:KHC:19856 WP No. 37801 of 2025 IN I AND II SEMESTERS OF PG-MBA PROGRAMME WITHOUT FOLLOWING THE GOVERNMENT CIRCULARS AND GUIDELINES AND IN NOT PROVIDING THE BENEFITS AVAILABLE TO HER, IS HIGHLY ILLEGAL AND LIABILE TO BE QUASHED. VIDE ANNEXURE - N AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioner is assailing the Circular dated 30th September 2025 (Annexure-N), showing her name as 'Himani H.K.' and her USN No.4VV24BA051 with credits more than 16 i.e. 23 in I and II semesters of PG- MBA programme. The petitioner contends that the said circular is issued without following the Government Circulars and guidelines in providing the benefits available to her inter alia sought for direction on respondent No.3 to consider the Representations dated 18th October 2025 and 21st November 2025 (Annexures-O and P respectively). - 4 - HC-KAR NC: 2026:KHC:19856 WP No. 37801 of 2025 2. It is also stated that the petitioner has addressed the Letter dated 26th November 2025 (Annexure-Q) to respondent No.2 inter alia sought for direction to respondent Nos.2 and 3 to set right the anomaly to attend the II year PG-MBA programme by the petitioner. 3. Sri K.K. Vasanth, learned counsel appearing for the petitioner, invited the attention of the Court to Annexure-A and submitted that the category allotted to the petitioner in CET is 'PH' (physically handicapped) and in this regard learned counsel referred to Disability Certificate at Annexure-B. Further, learned counsel submitted that the respondent authorities have wrongly allotted the category as 'GM', as per Annexure-J and the facilities to be provided to the petitioner in terms of Annexure D-Circular dated 22nd March 2004 has been denied to the petitioner and therefore sought for interference of this Court. 4. Per contra, Santosh B. Nagarale, learned counsel appearing for respondent No.2 referred to the Annexure-J - 5 - HC-KAR NC: 2026:KHC:19856 WP No. 37801 of 2025 and submitted that the petitioner has opted for MBA Course in the respondent No.3-College under the category of 'GM' and the same was accepted by her during 2024. Consequently, the petitioner was not qualified with the requisite credits as required by respondent No.2-University to move on to III Semester and sought for dismissal of the petition. 5. Sri Chandan S. Malapur, learned counsel appearing on behalf of Sri Sateesh N. Kottalage, learned counsel for respondent No.3, submitted that in terms of the admission made as 'GM', the petitioner can not claim the benefits under the Circular at Annexure-D and accordingly sought for dismissal of the petition. 6. In the light of the submissions made by the learned counsel appearing for the parties, the entry level of the petitioner in respondent No.3-College through respondent No.2-University as per Annexure J is 'General Merit' (GM). It is to be noted that the petitioner has paid the fee as a 'GM Candidate' and completed I year of MBA - 6 - HC-KAR NC: 2026:KHC:19856 WP No. 37801 of 2025 course as per the rules and regulations of respondent No.2-University. However, taking into consideration the Disability Certificate produced at Annexure-B, I am of the view that respondent Nos.2 and 3 shall henceforth consider the case of the petitioner as physically handicapped in terms of their rules and regulations to provide the benefit to the petitioner in terms of the Circular dated 22nd March 2004 (Annexure-D). 7. It is also to be noted from the regulations governing the respondent-University produced at Annexure-R3 - Regulation governing the degree of Master of Business Administration (MBA) (Digital Marketing), it is open for respondent No.2-University and respondent No.3- College, to permit the petitioner to take the ensuing examination as per the rules and regulations governing the examinations. 8. In that view of the matter, I am of the opinion that the case of the petitioner has to be considered in the light of the Circular produced at Annexure-D to the - 7 - HC-KAR NC: 2026:KHC:19856 WP No. 37801 of 2025 petition and provide the benefits as contained in the aforementioned Circular. 9. Insofar as the consideration of the case for review / reconsideration / revaluation of her First and second semesters are concerned, the representation made by the petitioner at Annexures-O, P and Q cannot be considered at this length of time by taking into consideration, that the petitioner got admitted to the MBA course under the category of 'GM'. In that view of the matter, the representations at Annexure O, P and Q cannot be considered and accordingly they are rejected. 10. It is made clear that in terms of the interim order dated 18th December 2025, this Court permitted the petitioner to attend III Semester (second year) PG-MBA programme for the academic year 2025-26 in the respondent No.3-Institution, and that the petitioner has completed III Semester and attended the examination as well. In that view of the matter, it is open for respondent - 8 - HC-KAR NC: 2026:KHC:19856 WP No. 37801 of 2025 Nos.2 and 3 to announce the result, if the, entire process of examination is completed. It is also made clear that the petitioner is permitted to pursue the MBA Course subject to the rules and regulations of respondent No.2-University in the respondent No.3-College. With these observations, the writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE MKM List No.: 2 Sl No.: 58