Case Note & Summary
The petitioner, Ms. Henriqueta Da Silva Joaquim Rodrigues, filed a Writ Petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. She sought a Writ of Mandamus directing respondent Nos.1 and 2 (Bangalore University and its Registrar (Evaluation)) to consider her representation dated 14.10.2019 (Annexure-E), wherein she requested an opportunity to appear for the examinations in which she had failed in the BBM (Bachelor of Business Management) course she was pursuing. The petitioner was a student of Brindavan College (respondent No.3). The Court had earlier passed an interim order on 26.11.2019, pursuant to which the petitioner appeared for examinations held on 29.11.2019 and 06.12.2019. However, the interim order also directed the respondent-University not to announce the results of the petitioner without leave of the Court. Subsequently, on 07.07.2020, the Court directed the University to furnish the examination results in a sealed cover. The Court, after hearing the counsel for the petitioner and the respondents, disposed of the petition with a direction to respondent Nos.1 and 2 to consider the petitioner's representation dated 14.10.2019 and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of the order. The Court clarified that it had not expressed any opinion on the merits of the representation.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Direction to Consider Representation - The petitioner sought a writ of mandamus directing the University to consider her representation dated 14.10.2019 requesting an opportunity to appear for failed examinations in the BBM course. The Court, after noting that the petitioner had already appeared for the examinations pursuant to an interim order, directed the University to consider the representation and pass appropriate orders in accordance with law. (Paras 1-4)
Issue of Consideration
Whether the petitioner is entitled to a direction to the respondent-University to consider her representation seeking an opportunity to appear for examinations in which she had failed in the BBM course.
Final Decision
The Writ Petition is disposed of with a direction to respondent Nos.1 and 2 to consider the petitioner's representation dated 14.10.2019 (Annexure-E) and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. The Court clarified that it has not expressed any opinion on the merits of the representation.
Law Points
- Writ of Mandamus
- Article 226
- Article 227
- Right to Education
- Opportunity to Appear for Examination
Case Details
2020 LawText (KAR) (07) 2
Writ Petition No.51203 of 2019 (EDN)
Smt. B.V. Vidyulatha (for petitioner), Sri T.P. Rajendra Kumar Sungay (for R1 & R2)
Ms. Henriqueta Da Silva Joaquim Rodrigues
Bangalore University, The Registrar (Evaluation), Brindavan College
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Nature of Litigation
Writ Petition under Articles 226 and 227 of the Constitution of India seeking a direction to the University to consider the petitioner's representation for an opportunity to appear for failed examinations.
Remedy Sought
The petitioner sought a Writ of Mandamus directing respondent Nos.1 and 2 to consider her representation dated 14.10.2019 requesting an opportunity to appear for examinations in which she had failed in the BBM course.
Filing Reason
The petitioner had failed in certain examinations in the BBM course and sought an opportunity to reappear for them.
Previous Decisions
The Court had passed an interim order on 26.11.2019 allowing the petitioner to appear for examinations held on 29.11.2019 and 06.12.2019, but directed the University not to announce results without leave. Subsequently, on 07.07.2020, the Court directed the University to furnish results in a sealed cover.
Issues
Whether the petitioner is entitled to a direction to the respondent-University to consider her representation seeking an opportunity to appear for failed examinations in the BBM course.
Submissions/Arguments
The petitioner, through her counsel, submitted that she had made a representation dated 14.10.2019 to the University requesting an opportunity to appear for the examinations in which she had failed in the BBM course.
The respondents did not file any detailed objections, but the University complied with interim orders by allowing the petitioner to appear for examinations and furnishing results in a sealed cover.
Ratio Decidendi
The Court held that the petitioner's representation seeking an opportunity to appear for failed examinations should be considered by the University in accordance with law, without expressing any opinion on its merits.
Judgment Excerpts
The petitioner has filed this Writ Petition with a prayer to issue a Writ of Mandamus or any other order directing respondent Nos.1 and 2 to consider the representation of the petitioner at Annexure-E dated 14.10.2019 wherein the petitioner has requested to give her an opportunity to appear for the examinations in which she had failed in BBM course which she has been pursuing.
In compliance of the said order, the respondent-University has furnished the examination results of the petitioner in a sealed cover.
The Writ Petition is disposed of with a direction to respondent Nos.1 and 2 to consider the petitioner's representation dated 14.10.2019 (Annexure-E) and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
Procedural History
The petitioner filed the Writ Petition on an unspecified date. On 26.11.2019, the Court passed an interim order allowing the petitioner to appear for examinations held on 29.11.2019 and 06.12.2019, but directed the University not to announce results without leave. On 07.07.2020, the Court directed the University to furnish the examination results in a sealed cover. The petition was finally disposed of on 10.07.2020.
Acts & Sections
- Constitution of India: Article 226, Article 227
