Karnataka HC passes Discretionary Power to Competent Authority of Visvesvaraya Technological University

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The writ petition was filed before the high court of Karnataka by petitioner/Vipindas K under articles 226 & 227 of the constitution of India praying to direct the respondents, the Visvesvaraya Technological University and K.V.G. college of engineering to allow/permit the petitioner to write examinations of the backlog subjects, was disposed of by giving certain guidelines.

Brief facts of the case

The petitioner in his petition has prayed for a writ of mandamus directing the respondents, the Visvesvaraya Technological University and K.V.G. college of engineering to allow/permit the petitioner to write examinations of the Backlog subjects of  Fifth Semester one subject – Signals and Systems and one subject in Final Year / Eight Semester – Electrical Design, estimating and Costing Examinations of B.E.- Electrical and Electronics Degree and a direction to the University to issue hall ticket to the petitioner through the College to write the examinations of the Backlog subjects.

Arguments before the Court

Learned counsel for the petitioner submits that the petition be disposed of by granting liberty to the petitioner to submit a representation to the competent authority of the University with regard to his grievance and the competent authority be directed to decide the representation to be submitted by the petitioner on or before 16.01.2020, as the examinations in question are scheduled to commence from 16.01.2020.

On the other hand, learned counsel for the University submits that if such representation is submitted, the same shall be dealt with in accordance with the law.

Decision of the Court

On hearing both the parties the court has disposed of the writ petition with certain direction, that in case the petitioner submits a representation with regard to his grievance to the competent authority of University by tomorrow i.e., 08.01.2020, the competent authority of the  University shall consider the same and pass appropriate orders by a speaking order in accordance with law on or before 14.01.2020. Further, the court made it clear that the Court has not expressed any opinion on the merits of the case. Accordingly, the writ petition was disposed of.

[googlepdf url=”https://libertatem.in/wp-content/uploads/2020/01/vipindas-vs-vishveshwaraya_watermark.pdf” download=”Download Judgement PDF” width=”100%” height=”900″]


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