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Karnataka High Court Permits KSLU To Conduct Intermediate Semester Examination For LLB Students

Mustafa Plumber
24 Nov 2021 3:32 PM GMT
Karnataka High Court Permits KSLU To Conduct Intermediate Semester Examination For LLB Students
The Karnataka High Court on Wednesday permitted Karnataka State Law University (KSLU), to hold the intermediate semester examination for LLB students. However, the results of the examinations shall be subject to further orders of the court.

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum while hearing an intra-court appeal filed by the University challenging the interim order passed on November 12, whereby, as an interim measure, the Single Judge stayed the impugned circular dated 17.09.2021 and also all further proceedings pursuant to the impugned circulars till the next date of listing. The University examinations was scheduled to be held from November 15.

Senior Advocate Udaya Holla, appearing for the University submitted that, "The Single Judge has grossly erred in considering the discrimination to the students of the Law Colleges governed by the appellant-University with the students of the colleges run by other State universities."

Further, it was said, "The circular dated 23.07.2021, (Issued by the Government of Karnataka, dispensing with the examination for the II and IV semesters in three year degree courses), was not applicable to the appellant-University and the appellant-University had to conduct the examinations as per the direction issued by the Bar Council of India (BCI). The BCI is the governing body of the appellant-University and as per the direction of the BCI, no degree can be recognized by the University unless examination is held."

On considering the submission made, the court observed, "We find some force in the argument that Sections 9 and 10 of the Karnataka State Law University Act, 2009 would not apply in the present controversy as it would come within the power of the appellant-University to conduct the annual examinations."

It added, "Prima facie, we find that the students of the colleges governed by the appellant-University are altogether on different footing with that of students of the colleges governed by the other State Universities. The question of discrimination can be only amongst the equals."

Following which the court issued notice to the respondents, and posted the matter for consideration on March 7, 2022.

Case Title: Karnataka State Law University v. Mr Naveen Kumar H C

Case No: WA 1245/2021

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