The High Court of Karnataka on November 24 allowed the Karnataka State Law University (KSLU) to conduct examinations for undergraduate law courses with a rider that the results would be subject to the final order of the court, The Hindu reported.
A Division Bench comprising Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum passed the interim order on an appeal filed by the varsity. The appeal was filed challenging an interim order passed on November 12 by a single judge bench, which had stayed the exams that were scheduled to be conducted from November 15. “Prima facie we find that the students of the colleges governed by the KSLU are altogether on a different footing than the students governed by the universities of other states as the question of discrimination can be only among equals,” the Division Bench observed.
The single bench had stayed the exams while prima facie agreeing with the contention of some of the petitioner students that holding exams for the students of KSLU amounts to discrimination as students of law universities in other states were being promoted without holding exams. However, the Division Bench found force in the argument of the KSLU that Sections 9 and 10 of the KSLU Act, 2009 - related to the powers of the state government to issue directions to the varsity -- couldn't have any application to the issue of holding exams as it would be within the powers of the KSLU to conduct examinations as per the statutory requirements.
The single bench had found that the KSLU had decided to hold exams contrary to the directions issued by the state government to promote students without holding exams in view of the COVID-19 pandemic. The KSLU had contended that conducting exams for promoting students and awarding degrees is a mandatory requirement otherwise the Bar Council India will not recognise their degrees. The Division Bench adjourned further hearing on the appeal after issuing notice to the students, who had approached the single judge bench, the BCI and the state government.
