Petitioner who joined the Five Year B.A. LL.B (Hons.)
Course in the respondent – University from the Academic
Year 2017-18, is declared to have secured “F Grade” in
Child Rights Law examination held on 13.03.2020 since he
was not given any mark because of alleged plagiarism of
the Project Work in question; he was also not allowed to
take Special Repeat Examination of third trimester in the
third year, allegedly in breach of assurance of the
University.
The entire episode of so called ‘plagiarism’ is
framed on the basis of a few notoriously cryptic mails
exchanged between the Course Teacher and the Exam
Department, detrimentally keeping the petitioner in
darkness.
What intrigues this Court is about the enormity
of unfair treatment which the petitioner was meted out at
the hands of a Law University, in a serious matter like this;
it is anguishing that the University did not afford an
opportunity of personal hearing despite his written
request vide mail of 02.03.2020 at Annexure-R5 to the
S.O.; in Biblical literature, even God is said to have given
an opportunity of hearing to Adam & Eve before punishing
them for consuming the proscribed fruit, in the Eden
Garden; which heavens would have fallen down, had a
reasonable opportunity of personal hearing been afforded,
remains as a mystery rapped in enigma; after all,
procedural fairness is a constitutional mandate when the
answering respondent is an instrumentality of the “State”
under Article 12 of the Constitution; it is high time that
this University of national repute be reminded that it is
dealing with our children and not others’ chattel; and,
IN THE HIGH COURT OF KARNATAKA, BENGALURU
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO. 9395 OF 2020 (EDN-RES)
BETWEEN:
SRI HRUDAY. P B Vs THE VICE CHANCELLOR, THE NATIONAL LAW SCHOOL OF INDIA UNIVERSITY,
DATED: 18TH DAY OF NOVEMBER, 2020.
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