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CDJ 2025 Kar HC 1913 print Preview print print
Court : High Court of Karnataka
Case No : Writ Petition No. 36535 of 2025 (EDN-RES)
Judges: THE HONOURABLE MR. JUSTICE S.R. KRISHNA KUMAR
Parties : K. Abdul Samad Versus State Of Karnataka Department Of Technical Education Board Of Technical Examinations, Vikasa Soudha, Bengaluru, Represented By Its Secretary & Others
Appearing Advocates : For the Petitioner: G.K. Vaishnavi, Advocate. For the Respondents: R1 to R3, K. Manjunath, HCGP.
Date of Judgment : 08-12-2025
Head Note :-
Education Law – Constitution of India – Articles 226 & 227 – Diploma Examination – Acceptance of Examination Fee with Late Fee – Mandamus – Student admitted to 1st Semester Diploma (July/August 2025) sought direction to permit payment of exam fee with late fee for examinations commencing on 13.12.2025 – Institution refused for non-payment within stipulated date – Held, in peculiar/special facts, relief can be granted by permitting fee payment with penalty and allowing the student to appear for examination.

Court Held – Writ Petition disposed of – Mandamus issued directing respondents to accept examination fee with penalty and issue hall ticket on or before 10.12.2025 – Order passed solely on unique facts of this case and not to be treated as precedent – Petitioner admitted to have joined during July/August 2025 and willing to pay penalty – Equitable relief warranted in view of circumstances similar to earlier decision relied upon.

[Paras 2, 4, 5, 6]

Cases Cited:
Manjunatha C. and others v. State of Karnataka and others, order dated 16.01.2023)

Keywords: Articles 226 & 227 – Mandamus – Examination Fee – Late Fee – Diploma Examination – Hall Ticket – Peculiar Facts – Non-precedent Order


Comparative Citation:
2025 KHC 51577,
Judgment :-

(Prayer: This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to issue writ in the nature of mandamus to the respondents to receive the examination fee from the petitioner with late fee vide annexure-c and etc.)

Oral Order:

In this petition, petitioner seeks the following reliefs:

                  "a) Issue writ in the nature of mandamus to the respondents to receive the examination fee from the petitioner with late fee, vide Annexure- C.

                  b) Consequently permit him to appear for the examinations to the Diploma Electronic and communication courses which he is pursuing with the 2nd respondent, or

                  c) In the alternative pass such other order/s as this Hon'ble Court deem fit to pass on the facts and on the circumstances of the case."

2. Learned counsel for the petitioner submits that the petitioner who is a student of the second respondent/Polytechnic having been admitted to the first semester diploma in July/August, 2025 intends to take the examination scheduled to be conducted from 13.12.2025 and the second respondent is not accepting the fees to be paid by the petitioner for taking up the said examination and to appear in the examination and as such the petitioner is before this Court by way of the present petition.

3. Per contra, learned HCGP submits that since the petitioner had not paid the requisite examination fee within the stipulated time, the petitioner cannot be permitted to take up the examination and the petition is liable to be dismissed,

4. Under identical circumstances in the case of Manjunatha C. and others Vs.State of Karnataka and others dated 16.01.2023 vide 'Annexure - D', held as under:

                  " Learned AGA accepts notice for respondents 1, 2, 4 and 6.

                  Issuance of notice to other respondents is waived as there is no order adverse to their interest is passed.

                  2. Petitioners are stated to be the students of respondents 2 to 5 and have filed the present petition seeking for a direction to respondents 2 to 5 to receive the examination fee from the petitioners along with late fee and consequently, permit them to appear for the examination in the diploma courses which they are pursuing with respondents 2 to 5, if otherwise they are eligible.

                  3. It is submitted by the learned counsel appearing for petitioners that the examination was scheduled on 17.12.2022 and the petitioners' request for acceptance of examination fee has not been acceded to by the respondent Authority stating that the examination fee cannot be accepted in light of the Circular at Annexure-C dated 13.10.2022 and specifically as regards to Clause (f), wherein it is stated that the examination fee along with fine, if any is required to be paid within a period of 15 days prior to the date of commencement of examination.

                  4. Heard the learned counsel representing respondents 1, 2, 4 and 6.

                  5. Petitioners have stated by way of submission made by their learned counsel that the delay in paying the examination fee is in light of the holidays from 01.09.2022. It is further submitted that in light of holidays after the conclusion of the previous semester, they were not aware of the last date and accordingly, there has been some lapse on their side. However, they undertake to pay the fine/late fee along with the examination fee and they may be provided an opportunity to write the exams.

                  6. Learned counsel for respondents 1, 2, 4 and 6 submits that the circular is self- explanatory and there has been lapse on the part of the petitioners. However, it is for the Court to carve out any equitable relief taking note of the peculiar facts that the petitioners have put forward.

                  7. Taking note of the contentions of both sides and also noticing that the petitioners have undertaken to pay late fee along with other fees and the respondents would also look into the aspect of petitioners fulfilling other eligibility criteria for taking the examination, the writ petition is disposed off directing respondent No.6 to accept the examination fee along with late fee payable. Needless to state that the issuance of hall ticket would be subject to petitioners fulfilling other criteria of eligibility to take the examination.

                  8. It is clarified that this order cannot be referred to as the precedent in other matters and is passed taking note of the peculiar facts of the present case".

5. In the instant case, in the light of the undisputed fact that the petitioner joined first semester Diploma in the second respondent polytechnic during July/August, 2025 coupled with the fact that the petitioner is ready and willing to pay the examination fee together with penalty, in the peculiar/special/unique facts and circumstances obtaining in the instant case, I deem it just and appropriate to dispose of this petition directing the respondents to permit the petitioner to pay the examination fee and allow the petitioner to take up the examination by issuing hall ticket on or before 10.12.2025 in favour of the petitioner without any delay.

6. It is made clear that this order is passed in the peculiar/special/unique facts and circumstances obtaining in the instant case and the present order shall not be treated a a precedentnorshallthesamehasanyprecedentialvaluefor any purpose whatsoever.
 
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