Need advise to file writ petition

Dear Sir,

kindly help me to file the writ petition on Law university-karnataka.please suggest or improve the below matter.

1. The petitioner joined 3 years LL.B Course in the year 2009 at  Law College, and completed the 3^rd year LL.B Semester Course in December 2012 with  securing aggregate 44.3214% through respondent’s university.  The details of marks obtained the petitioner in each semester is as follows:

The petitioner is here with producing the photo copy of the consolidated statement of marks for kind perusal of this Hon’ble Court & the same is at Annexure-1.

2. The petitioner desirous to pursue higher studies in Post-graduation i.e. LL.M at respondent’s university, for which, the respondent’s university prescribed the minimum percentage of marks i.e. 45% in aggregate for general category students in order to admission to LL.M.   Further, it is submitted that the respondent’s university regulation provides that the students who obtained aggregate percentage of marks i.e. 44.5 % & above shall be treated as 45 % and thereby he is allowed to admission for LL.M. Post-Graduation Course at respondent’s university.  The photo copy of the LL.M. Admission regulations of respondent’s University is herewith enclosed at Annexure-2.

3.  The petitioner has obtained 44.3214 % as the aggregate percentage of marks in   3 years LL.B Course as such, he is not eligible for the admission of LL.M. Course since he is shortage of 0.18 % to the requisite percentage is 44.5% as prescribed by the respondent’s university regulation. 

4.  When such being the condition, the petitioner has wrote a letter dated

01-07-2013 to the Register Evaluation of  Respondent’s University with a request that the petitioner may be allowed to take improve of  his 3 years LL.B percentage.   The said letter was personally served upon the respondent’s university on 01-07-2013 and who endorsed to that effect.  The said letter is enclosed herewith at Annexure-3.  The said Register Evaluation, in spite of receipt of petitioner’s above said letter, has failed to reply or respond to said letter the reasons are best known to said authority.

5.  When the petitioner has failed to receive any reply to his above said letter from the Register of Evaluation, the petitioner has forced to write a letter dated 19-8-2013 to the respondent through the principal of  Vunki Sanna  Rudrappa Law College, Bellary and the same was sent to respondent’s University and Register of Evaluation of KSLU, Hubli, by Speed Post.  After receipt of petitioner’s above said second letter dated 19-8-2013, the respondent university had replied to the petitioner through e-mail stating that there is no such regulation of KSLU for seeking improvement of petitioner’s result.  You should have anticipated and calculated your tentative percentage well before the expiry of  RV/CV (Revaluation or Challenge valuation) Chance.  The photo  copy of  letter dated 19-8-2013 as annexure-4, speed post receipt as annexure-5, e-mail reply by respondent’s University at annexure-6 are herewith enclosed for kind perusal of this Hon’ble Court. 

6. The petitioner, on receipt of  his sixth semester statement of marks, came to that he got less than 45% or 44.5% in aggregate of 3 years LL.B Marks and by the time, the R.V/C.V time was completed.  And there is scope of  improvement of his marks alone but on verifying the e-mail reply sent by the respondent’s University, petitioner came to know that there is no such regulation for the improvement as per the regulations of  the  KSLU.  Hence, the petitioner has lost his opportunity for pursuing the higher studies i.e. LL.M. in respondent’s University due to short fall of his percentage in 3 years LL.B. Course and the affecting or curtails his fundamental right.  As a result, the petitioner has no option except to invoke the jurisdiction of this Hon’ble Court and thereby to give directions of  the respondent’s university to insert a provision for improvement in 3 years LL.B Course examination so as to enhance or increase his marks in KSLU’s regulations by way of  writ of  Mandamus & Certiorari to respondent’s university.

7.  It is relevant to submit that the respondent’s University provides a chance of improvement to its Post-graduation students i.e. LL.M vide regulation and the said regulation copy is herewith enclosed at annexure-8 for kind perusal of this Hon’ble Court.  But the respondent’s University has not provided such improvement chance of 3 year LL.B. Course students, as such, the respondent’s university is discriminating improvement chance to 3 year LL.B students and the same is violating the fundamental rights of  the 3 year LL.B students and the same is to be rectified by this Hon’ble Court by giving directions to respondent’s university insert a provision for improvement in 3 years LL.B Course examination so as to enhance or increase students marks in KSLU’s regulations by way of writ of Mandamus & Certiorari to respondent’s university.

8.  The court fee of Rs.100/- is paid on this writ petition under section      of K.C.F & S.V. Act. 

9. It is germane to submit that the petitioner is herewith producing the photocopy of the regulations as framed by the Vishweswaraya Technological University (VTU) Belgum, wherein the

10.  The petitioner, therefore, prays that the Hon’ble High Court may be pleased to issue directions to the respondent’s University to insert the provision for improvement of 3 years LL.B results by appearing in re-examination of any semester so as to enhance or increase students’ marks like petitioner herein, in KSLU’s regulations by way of  writ of  Mandamus & Certiorari to respondent’s university and such insertion of improvement regulation would be effect from retrospective one, which would meet the ends of justice.

M.Basavaraja

Karnataka