Karnataka High Court Permits Bangalore University To Conduct B.Com Examination As Per Original Scheduled From Jan 13

The Karnataka High Court, stayed the interim order passed by a Single judge bench, directing the Bangalore University to reschedule the B.Com examination of the first, third and fifth semesters that were scheduled to be held on 13.01.2025, 15.01.2025, 17.01.2025, 20.01.2025 and 21.01.2025. The single bench issued the direction in view of the schedule of the CA foundation examination and CA intermediate examination

A division bench of Justice Anu Sivaraman and Justice M I Arun in a special sitting held on Sunday passed the interim order on an appeal filed by the University.

It said “We are of the opinion that it would have been proper for the University to have considered the representation received by them and issued an endorsement. to that effect to the petitioners. However, the fact that they did not, cannot in our view stand in the way of the settled legal position that it is not for the Constitutional courts to consider the request with regards to the schedule of examination which is a matter which falls completely within the discretion of the University.”

It added “We are of the opinion that the direction to reschedule examination at that to at the instance of five students was not a proper exercise. We are therefore inclined to issue an order of interim stay of the interim order passed by the Ld single judge dated January 10, 2025.”

The court clarified that “The examinations (B.com) scheduled to be conducted on January 13 and thereafter shall proceed as scheduled.” Further it directed the University to give due publicity to the order of the court.

The single judge had while hearing the petition filed by petitioners S V Renu and others passed the impugned order.

The single judge had said, “The right of the student to appear for both the examinations is weighed against the administrative convenience of the University, as Article 21A of the Constitution of India is a Right to Education and the student who is affected by the schedule of both the exams is been deprived of the ability to exercise their right to pursue their education under Article 21A of the Constitution.”

“Every student has a right to pursue their education without unreasonable hindrance and denial of the right due to the scheduling of the exams overlapping is a violation of fundamental rights. Though the petitioners raised the said issue before the University by submitting representations , the same has not been adhered to making this Court interfere,” it had said.

In appeal the counsel for University had argued that the date of examination was intimated well in advance. Several students amounting to tens of thousands about 35,000 students are taking the examination and rescheduling the same at the instance of five students is completely unwarranted.

Further it was brought to the notice of the court that in case of two petitioners there was no overlapping of exams, since the Bcom exams are scheduled to be held in the morning, while the CA exams are scheduled to be held in the afternoon time. In the case of petitioner no 1, she did not appear for the examination conducted on January 10, therefore she will have to repeat the exam, thus no prejudice is caused to the petitioner whose date of exam overlaps.

The counsel for the respondents had argued that the Bangalore University was aware of the Pan India examination in the month of September 2024. The University notified the Bcom exam on Dec 13, 2024. The institute brought it to the notice of the university, even students requested for change of dates of examination. But they (University) have not taken any action even till today.

Further it was said “Here is a case where only 5 students have come before the court, but there are hundreds of students who are similarly placed. We cannot say only 5 students have come.”

It was also contended that pursuing studies is a Fundamental right. In 2012 the Bangalore University, considering the very same issue, changed the date.

Case Title: The Registrar (Evaluation) AND S V Renu & Others

Case No: WA 45/2025