KSLU 3 Yrs LLB Students In Second & Fourth Semesters To Get Two Chances To Appear In Exams: High Court Orders

A single judge bench of Justice Suraj Govindaraj issued the following directions:

(i) The examinations that are scheduled vide notification dated 24.02.2022 from 07.03.2022 to 18.03.2022 for the II and IV semesters shall go on without any interference.

(ii) Any student wanting to take up the said examination is free to do so. There will be no compulsion on any student to take up the examination nor any restraint on any student from taking up the examination by the University or other students.

(iii) As a one time enabler, only for this academic year, the University is directed to provide one more opportunity to all other students to take up the examination now scheduled from 07.03.2022 once again from 16.05.2022 to 02.06.2022 for the II Semester and IV Semester of the three year LLB course. The said examination shall be held in offline mode.

(iv) Students who take up the examination commencing from 07.03.2022 as detailed above shall be eligible to once again take up the examination from 16.05.2022 to 02.06.2022 irrespective of whether they have succeeded in the examination or not.

(v) That is to say even if the student has passed the examination, he/she would have the option to take up the examination scheduled from 16.05.2022 to improve the marks secured in the examination commencing from 07.03.2022.

(vi) Any student not succeeding in the examination to be held from 07.03.2022 is also permitted to take up the examination commencing from 16.05.2022.

(vii) Both the above situations, that is a student taking up the examinations from 16.05.2022 for the purpose of improving scores or taking up the said examination on account of not succeeding in the examination commencing from 07.03.2022 would be treated as first attempt.

(viii) As regards the examination to be held from 07.03.2022 to 18.03.2022, the University is directed to publish results on or before 25.04.2022.

(ix) Any student wanting to take up the examination commencing from 16.05.2022, shall on or before 30.04.2022, make an application to the University on an appropriate web portal to be set up by the University. It is on such registration that the necessary formalities including hall tickets, etc., shall be made available by the University to the students wanting to take up the examination commencing from 16.05.2022.

(x) If a student were not registered by 30.04.2022, such student would not be eligible to take up the examination commencing from 16.05.2022, the time period being provided so as to enable the University to efficiently conduct the examinations.

(xi) The students taking up the examinations commencing from 16.05.2022 irrespective of having taken the examination on 07.03.2022 or not shall not be liable to make payment of any additional fees of examination or otherwise for taking up the examination commencing from 16.05.2022,provided that fees have been paid for the examination commencing from 07.03.2022, if no payment has been made for the examination commencing from 07.03.2022, the examination fee is liable to be paid for taking up of the examination commencing from 16.05.2022.

(xii) The results of the examination to be held on 16.05.2022 shall be announced in the usual course.

(xiii) The time table and schedule having already been fixed for the next academic year, the students shall not be liable to claim any deviance.

(xiv) If a student were to take the examination commencing from 07.03.2022, as also the examination commencing from 16.05.2022, the marks obtained in the examination dated 16.05.2022, shall prevail.

(xv) If any student were to take examinations for only a few subjects in the examination commencing from 07.03.2022, such student shall be eligible to take up the examination for the remaining subjects in the examination commencing from 16.05.2022.

The petitioners had approached the court seeking to quash the notification of examination dated February 24, along with the time table. The court also wished the students all the very best in their upcoming examinations.

Background:

The Supreme Court on March 4, had refused to interfere with Karnataka High Court's order that allowed Karnataka State Law University to hold exams for a 3 year LLB course.

The High Court bench of Justice S G Pandit and Justice Anant Ramanath Hegde had set aside the single judge bench order dated on December 14, 2021, by which the court had quashed the notification issued by Karnataka State Law University, by which it was to conduct offline examinations for the students of 2nd and 4th semester of three year LLB course.

The High Court had directed the University to determine the mode of examination as suggested by the Bar Council of India in its press release, dated June 10, 2021 and other relevant documents, within 10 days from the date of web-hoisting of the order.

The single judge bench of Justice Hemant Chandangoudar in its order dated December 14, 2021 had directed that the students be promoted to the next semester. The Court had said, "University is directed to promote the petitioners to the next semester in the light of the order passed by this Court in W.P.No.14389/2020 disposed of on 08.02.2021. It is made clear that this order is restricted to the students of the three year LLB Course."

Case Title: Chiranjeevi M. Kulkarni v. Karnataka State Law University

Case No: Writ Petition No.100869/2022

Citation: 2022 LiveLaw (Kar) 69

Date of order: March 5, 2022

Appearance: Advocate N. Khety a/w Advocate Dayanand M. Bandi for petitioners; Advocate K. L. Patil a/w Advocate Beturmath for respondents