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2026 DAILYLAW 8929 (KAR)

VISHAL UMESH. R. K. v. THE STATE OF KARNATAKA

WP/27574/2025 · 2026-04-16

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21019 WP No. 27574 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.27574 OF 2025 (EDN-RES) BETWEEN: VISHAL UMESH R.K. AGED ABOUT 19 YEARS, S/O OF N RAJAKUMAR, NO.2/24, KRISHNA BUILDING, BRINDAVAN NAGAR, BANGALORE – 560 029. …PETITIONER (BY SMT. LAKSHMI IYENGAR, SENIOR COUNSEL APPEARING FOR SRI. HARSHITH S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BENGALURU - 560 001. 2. ST. JOSEPH’S COLLEGE OF LAW AFFILIATED TO KSLU, REPRESENTED BY ITS PRINCIPAL FIELD MARSHAL CARIAPPA RD, SHANTHALA NAGAR, ASHOK NAGAR, BENGALURU – 560 025. 3. KARNATAKA STATE LAW UNIVERSITY (KSLU) REPRESENTED BY THE REGISTRAR (EVALUATION) NAVANAGAR, HUBBALLI - 580 025. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA FOR R-1; SRI. GIRISH KUMAR, ADVOCATE FOR R-3 & SRI. M.U. NAREN SHAKTI, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21019 WP No. 27574 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.2 AND 3 TO CONSIDER THE PETITIONER’S PAYMENT OF EXAMINATION FEES ON 23.07.2025 (ANNEXURE – E) AND TUITION FEES ON 19/08/2025 (ANNEXURE – J) AS VALID IN LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “i) Issue a writ of mandamus directing Respondent No.2 and Respondent No.3 to consider the Petitioner’s payment of examination fees on 23.07.2025 (Annexure-‘E’) and tuition fees on 19.08.2025 (Annexure-‘J’) as valid in law; ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondent No.2 and Respondent No.3 to treat the Petitioner as duly promoted to the 3rd semester of the LL.B course and permit him to attend classes without any hindrance; iii) Pass such other order/s as this Hon’ble Court may deem fit in the interest of justice and equity.” 2. Heard learned Senior Counsel for the petitioner and learned AGA for respondent No.1 and learned counsel for respondent Nos.2 and 3 and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:21019 WP No. 27574 of 2025 3. A perusal of the material on record will indicate that the petitioner, who was studying in 2nd Semester B.A., LLB in the respondent No.2 – College, which is affiliated to respondent No.3 – University. Respondent No.3 – University issued a notification to all affiliated colleges including the respondent No.2 – College regarding payment of examination fees for the upcoming 2024- 2025 even semester examination. It is the specific contention of the petitioner that due to health issues and being bed ridden, the petitioner could not pay the requisite examination fees for the purpose of taking the 2nd semester examination, which was conducted from 16.06.2025 onwards and the respondents did not permit the petitioner to attend the examinations, as a result of which, the petitioner approached this Court by way of the present petition in which this Court passed an interim order on 09.10.2025, which reads as under: “Re-list on 27.10.2025 at 2.30 p.m. In the meanwhile, by way of an interim arrangement and without prejudice to the rights and contentions of the parties and subject to the final outcome of this petition, the respondent No.2 - College is directed to permit the petitioner to attend third semester classes till the next date of hearing. - 4 - HC-KAR NC: 2026:KHC:21019 WP No. 27574 of 2025 Liberty is reserved in favour of respondents to seek vacation / modification of this order.” 4. In pursuance of the said interim order, the petitioner started attending 3rd semester classes and since he was not permitted to write the 3rd semester examination, this Court passed one more interim order on 20.01.2026, which reads as under: “By way of court order, learned counsel for the petitioner submits that though the matter was directed to be posted on 31.01.2026, since the 2nd respondent – College did not issue Hall ticket to the petitioner, he was constrained to move the present petition to be taken up by this Court. Per contra, learned counsel for the 2nd respondent – College submits that without prejudice to their rights and contentions and making it subject to the final outcome of the petition, the 2nd respondent – College would issue Hall ticket in favour of the petitioner for 1st semester, 2nd semester and 3rd semester, subject to the petitioner paying the requisite examination fees. The said submission is placed on record. Re-list on 28.01.2026 at 2.30 p.m.” 5. Subsequently, on 24.03.2026, this Court passed the following interim order: “Learned counsel for respondent No.3 – University has filed memo along with copy of the marks obtained by the petitioner in the 1st, 2nd and 3rd semester examinations conducted by respondent No.3 – University. - 5 - HC-KAR NC: 2026:KHC:21019 WP No. 27574 of 2025 The memo along with documents are placed on record. Re-list on 16.04.2026 at 02.30 P.M. In the meanwhile, by way of an interim arrangement and without prejudice to the rights and contentions of the parties and subject to the final outcome of this petition, respondents are directed to permit the petitioner to attend 4th semester classes at the respondent No.2 – College, till the next date of year. Liberty is reserved in favour of the respondents to seek modification / vacation of this order.” 6. A perusal of the material on record and the aforesaid interim orders passed by this Court and the submissions made by both sides will clearly indicate that the petitioner had taken up / given 2nd semester examinations, attended 3rd semester classes and took up the 3rd semester examination and is currently studying in the 4th semester, in relation to which the examinations are due to be conducted during June – July 2026. 7. Under these circumstances, having regard to the reliefs sought for in the present petition, nothing further survives for consideration except directing the respondents that they shall permit the petitioner to attend the 4th semester classes and permit him to take up the 4th semester examinations as and when they are conducted / held subject to the petitioner paying the requisite fees - 6 - HC-KAR NC: 2026:KHC:21019 WP No. 27574 of 2025 payable to respondent Nos.2 and 3 and the petition deserves to be disposed of accordingly. 8. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) Respondent Nos.2 and 3 are directed to permit the petitioner to attend the 4th semester classes and write the 4th semester examinations scheduled to be conducted during June – July, 2026 subject to the petitioner paying the requisite fees payable towards examination fees as and when they fall due and without insisting on attendance shortage, if any, at the time of the petitioner attending 4th semester classes. (iii) It is made clear that the present order is passed in the peculiar / special facts and circumstances obtaining in the instant case and the same shall not be treated as a precedent nor shall have any precedential value for any other purpose, whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 7