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Karnataka High Court Stays KSLU's Decision Of Conducting Intermediate Semester Exams For LLB Students

Mustafa Plumber
13 Nov 2021 9:05 AM GMT
Karnataka High Court Stays KSLUs Decision Of Conducting Intermediate Semester Exams For LLB Students
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The Karnataka High Court on Friday by way of interim relief stayed the circulars issued by the Karnataka State Law University (KSLU) by which it was to conduct the intermediate semester examination for LLB students, on coming Monday. Justice Ashok S Kinagi noted that Government of Karnataka had already issued a circular on July 23, clearly dispensing with the examination for the II...

The Karnataka High Court on Friday by way of interim relief stayed the circulars issued by the Karnataka State Law University (KSLU) by which it was to conduct the intermediate semester examination for LLB students, on coming Monday.

Justice Ashok S Kinagi noted that Government of Karnataka had already issued a circular on July 23, clearly dispensing with the examination for the II and IV semesters in three year degree courses.

The judge was presiding over a petition filed by one Rishab Trakraoo, alleging that KSLU's decision to conduct intermediate semester exams is not only contrary to the government order but also violative of the UGC circular dated 16th July 2021, extending the examination guidelines issued last year amid Covid-19, to this academic year as well.

As per the UGC circular, only the terminal semester/final year examinations were to be compulsorily conducted in off-line (pen and paper)/online/blended (online + offline) mode.

The court noted, "From the perusal of the UGC guidelines 2021, clearly mentioned that the provisions as contained in the guidelines issued earlier as during April 2020 and September 2020 shall apply for the current academic session 2020-21...The University issued a circular dated 17.09.2021, in total disregard and the obedience to the guidelines issued by the UGC."

The court also considered the decision of other Universities which are following the UGC guidelines and said,

"Except the KSLU, all other Universities have adopted the guidelines issued by UGC. If the students of KSLU are permitted to take up examinations for the academic sessions 2020-21 and the similarly placed students of other Universities are promoted on the basis of the UGC guidelines without taking examination, it amounts to discriminatory and violative of Articles 14 and 21 of the Constitution of India."

It added,

"The students of KSLU and the students of other Universities have to be treated equally. Thus the action of KSLU is a clear case of discrimination within the students, such a discrimination would be in violation of Article 14 of the Constitution of India. There cannot be a different condition for different students studying in different Universities. Such an action of the KSLU would affect the rights of large numbers of students."

Further the court observed that government order dispensing examination for the II and IV semesters in three year degree courses apart from the others, is binding on KSLU, as per Sections 9 and 10 of the Karnataka State Law University Act 2009.

It said, "The KSLU has issued the impugned circular which is contrary to Sections 9 and 10 of the Act of 2009."

The petitioner had also relied on an order passed by the High Court in in the case of Ritvik Balanagraj v. Bar Council Of India & Others, directing the Universities that as far even Semester examinations are concerned, the same shall be assessed on the basis of the internal assessments of the students to an extent of 50% and the remaining 50% of the marks on the basis of performance in the previous semester only (if available).

It was further contended that the decision of KSLU in conducting examinations for the students part of intermediate semesters, caused great distress and risk to the lives of the students.

The counsel for University on the other hand submitted the judgment rendered in Ritvik Balanagraj is applicable for the academic year 2019-20 but not for academic year 2020-21.

Further, that only a few students have approached the court and the students who have not approached the Court will suffer if examinations are postponed.

The matter will be next heard on December 20.

Case Title: Rishab Trakraoo v. State Of Karnataka

Case No: WP 18230/2021

Click Here To Read The Order


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