IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 18TH day of November 2019 Before THE HON’BLE MR.JUSTICE ALOK ARADHE Review Petition Nos.344-352/2019 & Review Petition No.440/2019 (In W.P. Nos.4557-4561/2019 & 5482-5486/2019) C/w R.P. Nos.423-434/2019 and R.P. Nos.456-463/2019 (In W.P. Nos.2907-2926/2019) In R.P. Nos.344-352/2019 & R.P. No.440/2019 BETWEEN:
1 ARUN K KUMAR, S/O. ANIL KUMAR, AGED ABOUT 20 YEARS, KALLOLIL (H), ANTHINADU P.O., ANTHINADU, KOTTAYAM, KERALA-686 651.
2 KATIKA SOHAIL D/O. K. SOFI RAZAAQ, AGED ABOUT 20 YEARS, NO.7/115, SIDDAPPA PALEM STREET, KOSIGI MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH-518 312.
3 ROOP SHIKHA JAISWAL D/O. UDAY KUMAR JAISWAL, AGED ABOUT 20 YEARS, HOUSE NO. 365, BLOCK VI, ASHA PUSHP VIHAR, SECTOR-14, KAUSHAMBI, GHAZIABAD, UTTAR PRADESH-201 010.
4 NAJID KADAK KADAN S/O. MUSTHAFA KADAKKADAM, AGED ABOUT 20 YEARS, KADAKKADAN HOUSE, KOTTAKKAL, MALLAPPURAM-676 501, KERALA.
5 SMITHA. N, D/O. B. NAGARAJ, AGED ABOUT 20 YEARS, HOUSE NO.13, MEERASABHEEHALLI, CHALLAKERE TALUK-577 522, CHITRADURGA DISTRICT.
6 V. N. VISHNU, S/O. V. NAGENDRA PRASAD, AGED ABOUT 20 YEARS, 2/373/1, 3RD ROAD, 4TH CROSS, NEW TOWN, ANANTHPURA, ANDHRA PRADESH-515 001.
7 A. PAVAN KRISHNA, S/O. PURUSHOTTAM NAIDU, AGED ABOUT 20 YEARS, 2-1109, SBI COLONY, 2ND STREET, CHITTOOR, ANDHRA PRADESH-517 001.
8 KIRTHI. C. S., S/O. SRIKANTHA. C. N., AGED ABOUT 20 YEARS, NO.90/1, OLD POST OFFICE ROAD, THYAGARAJANAGARA 2ND BLOCK, BANGALORE-560 028.
9 SUHANI. A. R., D/O. RUKMAYYA GOWDA, AGED ABOUT 20 YEARS, ADINJA HOUSE, KANIYOOR POST AND VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT-574 217, KARNATAKA.
(BY AJIT ANAND SHETTY, ADVOCATE) …PETITIONERS A N D :
1 UNION OF INDIA, BY MINISTRY OF HEALTH AND FAMILY WELFARE, 7-B MOTI LAL NEHRU MARG, NEW DELHI-110 077, BY ITS SECRETARY.
2 MEDICAL COUNCIL OF INDIA POCKET-14, SECTOR-8, DWARKA PHASE-1, NEW DELHI-110 077, INDIA, BY ITS REGISTRAR/SECRETARY.
3 STATE OF KARNATAKA BY THE DEPARTMENT OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, ANAND RAO CIRCLE, BANGALORE-560 009, KARNATAKA, INDIA, BY PRINCIPAL SECRETARY.
4 RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T BLOCK, 4TH T BLOCK EAST, PATTABHIRAMA NAGAR, JAYANAGAR, BENGALURU, KARNATAKA-560 041, BY ITS REGISTRAR.
5 SAMBHRAM INSTITUTE OF MEDICAL SCIENCES AND RESEARCH, D.K. PLANTATION, BEML NAGAR, KOLAR GOLD FIELDS, KARNATAKA-563 115, BY ITS SECRETARY.
...RESPONDENTS (BY SRI. H.MALLAN GOUD, CGSC FOR R1 SRI. N.KHETTY, ADVOCATE FOR R2 SRI. N.K.RAMESH, ADVOCATE FOR R4 SRI. K.DIWAKARA, ADVOCATE FOR R5 SRI. KIRAN KUMAR, HCGP FOR R3) THESE REVIEW PETITIONS ARE FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF THE CPC PRAYING THIS HON’BLE COURT TO REVIEW THE ORDER DATED 22ND AUGUST 2019 PASSED IN WRIT PETITION NOS.4557- 4561/2019 AND 5482-5486/2019 IN AS MUCH AS DIRECTING THE 1ST RESPONDENT UNION OF INDIA TO CONSTITUTE A COMMITTEE COMPRISING A SENIOR OFFICER FROM THE CENTRAL BUREAU OF INVESTIGATION AND TWO DOCTORS OF REPUTE FROM THE ALL INDIA INSTITUTE OF MEDICAL SCIENCES OR ANY OTHER PREMIER MEDICAL INSTITUTION TO INSPECT THE FACILITIES OF THE 6TH RESPONDENT INSTITUTION AND INTER-ALIA VERIFY IF SUCH FACILITY, INCLUDING THE TEACHING FACULTY, PATIENT INFLOW AND OTHER CLINICAL FACILITIES ARE ADEQUATE TO TRAIN THE PETITIONERS HEREIN TO GRADUATE AS QUALIFIED MEDICAL PRACTITIONERS IN TERMS OF THE RULING OF THE HON’BLE APEX COURT IN THE CASE OF “SARVEPALLI RADHAKRISHNAN UNIVERSITY AND ANOTHER VS. UNION OF INDIA AND OTHERS” REPORTED IN 2019(1)SCALE 700; AND ETC.
In R.P. Nos.423-434/2019 & R.P. Nos.456-463/2019 BETWEEN:
1 ARHANTH. S S/O. DR. V. SHANMUGAM, AGED ABOUT 20 YEARS, NO.P-02, PAMPAPATHI ROAD, SARASWATHIPURAM, MYSORE-570 009.
2 SRINIVAS C SANKAOL S/O. CHANDRASHEKHAR S. G., AGED ABOUT 20 YEARS, ARABHILA CHI, BHADRAVATHI, SHIMOGA-577 233.
3 SHARANYA. R , D/O. RAVINDRA B.G., AGED ABOUT 20 YEARS, 22ND MAIN, J. P. NAGAR, MYSORE-570 008.
4 PRAJWAL. L. GOWDA, S/O. S. P. LOKESH, AGED ABOUT 20 YEARS, MANJUNATHAPURA, SHRAVANABELAGOLA, HASSAN-573 135.
5 SIDDLINGESWAR RAMPURE S/O. RAMALINGESHWAR RAMPURE, AGED ABOUT 20 YEARS, NO.19/6/235, LINGHDHAMA SHIVNAGAR NORTH, MAHATHMA BASAVESHWARA ROAD, BIDAR-585 401.
6 SHREESHA. S. RAO, S/O. SRINIVAS RAO. K. V., AGED ABOUT 20 YEARS, NO.2/195, SALMARA, SHANKARPURA POST, KURKALU VILLAGE, UDUPI-574 115.
7 RAJATH. K. S., S/O. K. M. SRINIVAS, AGED ABOUT 22 YEARS, NO. 16, KOLTHURU VILLAGE, HOSKOTE TALUK, BANGALORE-562 114.
8 KRISHNA S. K., S/O. SHIVARAM C. K., AGED ABOUT 21 YEARS, MAHESH NILAYA, KENCHAPPA LAYOUT, 2ND CROSS, VINOBHANAGAR, SHIVAMOGGA-577 204.
9 P. PRAVEEN. S/O. PURUSHOTTAM.C, AGED ABOUT 20 YEARS, RESIDING AT 294, 11TH CROSS, 1ST STAGE, MANJUNATHNAGAR, RAJAJINAGAR, BANGALORE-560 010.
10 KALADEEP SHREYA SHIVANAND D/O. KALADEEP SHIVANAND, AGED ABOUT 20 YEARS, NO.54/B, OMKARNAGAR, BHAVANIPETH, BEHIND KAADADI HIGH SCHOOL, SOLAPUR, MAHARASHTRA-413 002.
11 THARUN KUMAR. S, S/O. SRINIVASAMURTHY. C, AGED ABOUT 20 YEARS, DAYANADA ROAD, SRINIVASAPURA, KOLAR-563 135.
12 ABHISHEK GOWDA. M. L., S/O. R. GIRISH, AGED ABOUT 20 YEARS, SHREEVARI NILAYA, HONALLI, KADUR, CHIKKAMAGALURU-577 548.
13 PRAJWAL K. S., S/O. SHIVASHANKAR K. C., AGED ABOUT 20 YEARS, BEHIND BAKELAND BAKERY, TUMKUR GATE, MADHUGIRI-572 132, TUMKUR.
14 REYAN RAZAQ, S/O. MOHAMMED RAHMATHULLAH, AGED ABOUT 21 YEARS, FLAT NO. 304, SLV RESIDENCY, NEXT TO SAMSUNG BUILDING, DODDANEKUNDI, MARATHAHALLI RING ROAD, BANGALORE-560 037.
15 DAKSHAYINI. N, D/O. NANJUNDAPPA, AGED ABOUT 20 YEARS, NEAR SBI, CHIKKATHIRUPATHI, MALUR TALUK, KOLAR DISTRICT-563 160.
16 Z. SAIMA, D/O. B. ZAHEER AHMED, AGED ABOUT 20 YEARS, SHS COMPLEX, RAYAKOTTA MAIN ROAD, KRISHNAGIRI, TAMIL NADU-635 002.
17 SNEHA V THOMAS, D/O. THOMAS CHACKO, AGED ABOUT 20 YEARS, VAVOLIL HOUSE, VAYYATTUPUZHA P.O., PATHANAMTHITTA DISTRICT, KERALA-689 663. …PETITIONERS (BY SRI B.VACHAN & SRI AJITH ANAND SHETTY, ADVOCATES) A N D :
1 UNION OF INDIA BY MINISTRY OF HEALTH AND FAMILY WELFARE, 7-B MOTI LAL NEHRU MARG, NEW DELHI, BY ITS SECRETARY.
2 MEDICAL COUNCIL OF INDIA POCKET-14, SECTOR-8, DWARKA PHASE-1, NEW DELHI-110 077, INDIA, BY ITS REGISTRAR/SECRETARY.
3 STATE OF KARNATAKA BY THE DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, BANGALORE-560 001, BY ITS PRINCIPAL SECRETARY.
4 DIRECTORATE OF MEDICAL EDUCATION ANAND RAO CIRCLE, BANGALROE-560 009, KARNATAKA, INDIA, BY ITS DIRECTOR.
5 RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES JAYANAGAR, 4TH "T" BLOCK, BENGALURU, KARNATAKA-560 041, BY ITS REGISTRAR.
6 SAMBHRAM INSTITUTE OF MEDICAL SCIENCES AND RESEARCH, D.K. PLANTATION, BEML NAGAR, KOLAR GOLD FIELDS, KARNATAKA-563 115, BY ITS SECRETARY.
...RESPONDENTS (BY SRI. H.MALLAN GOUD, CGSC FOR R1 SRI. N.K.RAMESH, ADVOCATE FOR R5 SRI. K.DIWAKARA, ADVOCATE FOR R6 SRI. KIRAN KUMAR, HCGP FOR R3 & R4) * * * * * * * THESE REVIEW PETITIONS ARE FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF THE CPC PRAYING THIS HON’BLE COURT TO REVIEW THE ORDER DATED 22ND AUGUST 2019 PASSED IN WRIT PETITION NOS.2907- 2926/2019 IN AS MUCH AS DIRECTING THE 1ST RESPONDENT UNION OF INDIA TO CONSTITUTE A COMMITTEE COMPRISING A SENIOR OFFICER FROM THE CENTRAL BUREAU OF INVESTIGATION AND TWO DOCTORS OF REPUTE FROM THE ALL INDIA INSTITUTE OF MEDICAL SCIENCES OR ANY OTHER PREMIER MEDICAL INSTITUTION TO INSPECT THE FACILITIES OF THE 6TH RESPONDENT INSTITUTION AND INTER-ALIA VERIFY IF SUCH FACILITY, INCLUDING THE TEACHING FACULTY, PATIENT INFLOW AND OTHER CLINICAL FACILITIES ARE ADEQUATE TO TRAIN THE PETITIONERS HEREIN TO GRADUATE AS QUALIFIED MEDICAL PRACTITIONERS IN TERMS OF THE RULING OF THE HON’BLE APEX COURT IN THE CASE OF “SARVEPALLI RADHAKRISHNAN UNIVERSITY AND ANOTHER VS. UNION OF INDIA AND OTHERS” REPORTED IN 2019(1) SCALE 700; AND ETC.
THESE REVIEW PETITIONS COMING ON FOR ORDERS AT DHARWAD BENCH, THROUGH VIDEO CONFERENCE, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Ajith Anand Shetty, learned counsel for the petitioners in RP Nos.344-352/2019 & RP No.440/2019 and Sri Ajith Anand Shetty & B. Vachan, learned counsel in RP 423/2019 & RP Nos.456-463/2019.
2. Sri H.Mallan Goud, learned CGC for R1, Sri N.Khetty, learned counsel for R2, Sri N.K.Ramesh, learned counsel for R4, Sri K.Diwakara, learned counsel for R5, Sri Kiran Kumar, learned HCGP for R3 in RP Nos.344-352/2019 & RP No.440/2019.
3. Sri H.Mallan Goud, learned CGC for R1, Sri N.K.Ramesh, learned counsel for R5, Sri K.Diwakara, learned counsel for R6, Sri Kiran Kumar, learned HCGP for R3 & R4 in RP No.423/2019 & RP Nos.456- 463/2019.
4. For the reasons assigned by this Court in the order passed today in R.P. Nos.341-343/2019 & R.P.
Nos.441-444/2019, these review petitions also stand disposed of in terms of the order passed in the aforesaid review petitions.
Sd/- JUDGE Kms