1 R. Pratik Singh v. The Osmania University
Case Details
Acts & Sections
Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or direction more particularly one in the nature of writ of impugned revised notification vide Mandamus declaring the -'No 356/BE/Examsr2oz4 dated. 13t12r2024 which is contrary to the rures and regulations published for the four year B.E degree course for the batches 20i9 and 2020 as urtra vires, ilegar, atbirrary, viorative of Articre 14, 19 and viorative of principles of naturar justice and consequenfly to direct the Respondents to as per the notification vide No.391t}ElExamst24 dated collect the fees o4t12t2024. lA NO: 1 OF 2024 Petition under Section '151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents not to insist for payment of extra fees of Rs..r 000/- per subject from the students who have compreted N years and ress than +2(prgg two) years as per the notification vide No.391/B ErExamst24 dated. 04t12t2024 , pending disposal of this writ petition, in the best interest of justice. Counsel for the petitioners: SRI SYED lLlyAS Counsel forthe Respondents: SRI CH.JAGANNATHA RAO; S.C. FOR OSMANIA UNIVERSITY The Court made the following: ORDER I I I _____-:r HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PE TII-IO NNo.37178 0F 2024 oRAL oRD ER: : I Heard leamed counscl fbr the petitioners and Mr. Ch. Jagarnatha Rao, leamed Standing Counsel for Osmania University appearing on behal f' of the respondents.
2. The petitioners herein are students ofFour year Bachelor of Engineering Degree programs under CBCS. petitioner Nos.l and 2 have eleven (l l) backlogs each, petitioner No.3 has Melve. (12) backlogs, petitioner No-4 has backlogs rwenty three e3) ana petitioner No.5 has six (06) backlogs. Respondent wo.q fras issued a Notification dated 04.12.2024 with regard to payment of.examination fee. Thereafter, respondent No.4 has issued revised notification dated 13.12.2024 revising the paymenr schedule. Respondent No.4 has also issued further revised notification dared 30.12.2024. 3 ' Leamed counser for the petitioners wourd submit that respondent No.4 is requiring to pay additional fee of Rs.1,000/_ per subject along with the prescribed semester examination fee in the revised notification. T.heretbre, the said condition imposed by I 2 K-LJ WP No l7l?8 of:(124 respondent No.5 in the revised notifications dated 13.12-2024 and
30.12.2024 is arbitrary and illegal.
4. Placing reliance on the notifications issued by the Stanley College of Engineering & Technology for Women, learned counsel for the petitioners would submit that the conditions imposed in the revised notifications are illegal and arbitrary.
5. Whereas, Mr. Ch. Jagannatha Rao, leamed Standing Counsel appearing for the respondents, on instructions, would submit that as per the Rules, the petitioners have to pay additional amount of Rs. I ,000/- per subject along with prescribed semester fee. There is no error in the revised notihcations, dated 13.12.2024 and 30.12-2024. The petitioners are misinterpreting the said conditions- Thercfbre, they are not entitled for iury relief, much less the relief sought in the present writ petition.
6. In the light of the said submission, it is relevant to note that in the original notification dated 04.12.2024, respondent No.4 has specifically mentioned the following condition No.4: "1. In respect of the Non CBCS candidates who hae compleled course requirement having opprorrrl .for IV/M-ll semester and completed t -) KI.J WP No 17178 of2024 double the durcttion of course but did not cross l0 years (Regular) and 8 years (ateral Entry Students) from the date of admission (i.e., admitted in 2015-16 batch regular students) arul for the CBCS students N+ 2 from the date of admission but did not cross 8 years (i.e., admittecl in 20t7-lg batch regular students) have to pay an additional amount of Rs.I000/- per subject, semester+lise along with normal semester fee and submit N R in duplicate separately login " 7 . In the revised norificarions dared 13.12.2024 and
30.12.2024, the following condition is menrioned: "Cotd4tSa!: The students who admitted in 2019-20 an<I 2020_ 2l batches who have not complcted their course within the stipulated time of .N' years (i.e., 4 years) and fall under the '+2' (plus I'wo) years extension period are required to pa). an additionat fee of Rs.l000/- per subject along with the prescribed semester exam fee."
8. Perusal of both the conditions would reveal that respondent No.4 has specifically stated that the students have to pay additional fee of Rs.l000/- per subject along with the prescribed semester examination fee. 'N' years mean four years and t'all under plus Two I 4 KI-.J w P No 17178 of2024 years extension period. Therefore, there is no ambiguity and therc is no need of interpretation of the said condition'
9. As rightly contended by leamed Standing Counsel fbr the respondentsthatinthenotificationdated04'12'2024,itisspecifically menrioned that for the CBCS students N+2 from the date of admission, but did not cross 8 years i.e., admitted in 201 7- I 8 batch regular studens and they have to pay an additional amount of Rs.1000/- per subject, semester-wise along with normal semester fee - The condition and submit N.R. in duplicate separately in login' mentioned in the revised notifications dated 13'12'2024 and
30.12.2024 are on the same lines. Therefore' there is no need ol'any interpretation. The conditions are very specific' Therefore' the petitioners have to complete the aforesaid backlogs within six (06) years and they have to pay additional fee of Rs' 1,000/- per subject along with the prescribed semester examination fee'
10. tn the light of the aforesaid discussion, the petitioners are not entitled lbr any relief, much less the relief sought in the present writ petition. This writ petition fails and the same is liable to be disruisJed. -/ 5 K],,J WP No 17178 of2024 I I . 'l'he present writ petition is accordingly dismissed. ln the circumstances ofthe case. there shall be no order as to costs. As a sequel thereto, miscellaneous petitions. ifany, pending in this writ petition shall stand closed. //TRUE COPY// Sd/. A.V.S. PRASAD ASSTSTANTT::]::: SECTION OFFICER ,/ / To,
1. One CC to SRI SYED ILIYAS' Advocate [OPUC] 2. OneCC to SRI CH.JAGANNATHA RAO' S C' for Osmania University [OPUC] 3. Two CD CoPies BSR MP YA- HIGH COURT DATED: 0310112025 ORDER WP.No.37178 ot 2024 .a:' :,i;,t q l.) J 19 rLB 2s25 DEs PA'l'c > i DISMISSING THE WRIT PETITION, WITHOUT COSTS I 5cop(t} Y-r 66ac