Case Note & Summary
The petitioners, Sachin R and Prathisitha Nagar, were students of BMS College of Law, Bengaluru, affiliated with Karnataka State Law University, Hubli. They had appeared for the 3rd Semester LLB examination conducted by the university. On 06.12.2024, the university issued a notification bearing No. KSLU/Exam/2024-25/1673 canceling the results of the petitioners for the 3rd Semester examination. The petitioners challenged this notification by filing a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petitioners sought a writ of mandamus to quash the notification and direct the university to permit them to continue their studies and appear for subsequent examinations. The court noted that the impugned notification was issued without any notice or opportunity of hearing to the petitioners, which violated the principles of natural justice. The court observed that the petitioners had already been promoted to the 5th Semester and were pursuing their studies. The court held that the cancellation of results without hearing the petitioners was arbitrary and unsustainable. Consequently, the court quashed the impugned notification and directed the respondents to allow the petitioners to continue their 5th Semester LLB course and appear for the examinations. The court also directed that the petitioners be permitted to appear for any supplementary or backlog examinations if required. The petition was disposed of with these directions.
Headnote
A) Constitutional Law - Right to Education - Natural Justice - Audi Alteram Partem - The petitioners, students of BMS College of Law, challenged the notification of Karnataka State Law University canceling their 3rd Semester LLB examination results. The court held that the notification was issued without any notice or opportunity of hearing to the petitioners, violating principles of natural justice. The court quashed the notification and directed the university to permit the petitioners to continue their studies and appear for subsequent examinations. (Paras 1-5) B) Administrative Law - Quashing of Notification - Mandamus - The court issued a writ of mandamus setting aside the impugned notification dated 06.12.2024 bearing No. KSLU/Exam/2024-25/1673, as it was passed in violation of natural justice. The court directed the respondents to allow the petitioners to pursue their 5th Semester LLB course and appear for examinations. (Paras 4-5)
Issue of Consideration
Whether the impugned notification dated 06.12.2024 issued by the Karnataka State Law University canceling the results of the petitioners for the 3rd Semester LLB examination is valid without affording an opportunity of hearing.
Final Decision
The court quashed the impugned notification dated 06.12.2024 bearing No. KSLU/Exam/2024-25/1673 and directed the respondents to permit the petitioners to continue their 5th Semester LLB course and appear for the examinations. The court also directed that the petitioners be permitted to appear for any supplementary or backlog examinations if required. The writ petition was disposed of.
Law Points
- Natural Justice
- Audi Alteram Partem
- Right to Education
- Mandamus
