IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R DEVDAS W.P Nos.19920 - 19926/2018 (EDN – RES) Between:
1. Association of Minority Professional College in Karnataka®, Unit No.205 `Lakshmi Apartments’ No.6, Corwell Road Langford Garden Richmond Town Bangalore-560 025 Represented by its President Shri Kalpaja D A.
2. Moogambigai Charitable & Educational Trust® No.202, Kambipura village Mysore Road Bengaluru-560 074 Represented by its Executive Director.
3. Rajarajeshwari Medical College & Hospital No.202, Kambipura village Mysore Road Bengaluru-560 074 Represented by its Dean.
4. Navodaya Education Trust® No.26, Navodayanagar Mantralaya Road Raichur – 584 103 Represented by its Registrar.
5. Navodaya Medical College Hospital & Research Centre Mantralaya Road Raichur – 584 103 Represented by its Principal.
6. Srinivasa Trust® #82, Nallurahalli Near BMTC 18th Depot EPIP Area, Whitefield Road, Bengaluru-560066 Represented by its Director.
7. Vydehi Institute of Medical Sciences & Research Centre #82, Nallurahalli Near BMTC 18th Depot EPIP Area, Whitefield Road, Bengaluru-560066 Represented by its Principal. .. Petitioners (By Miss K M Nanditha for Sri Subramanya R, Advocates) And :
1. Union of India Ministry of Health & Family Welfare A Wing, Nirman Bhawan Maulana Azad Road New Delhi – 110 011.
2. State of Karnataka Department of Health & Family Welfare (Medical Education), Karnataka Government Secretariat Vikasa Soudha, Dr.Ambedkar Veedhi Bengaluru – 560 001 Represented by its Principal Secretary.
3. Karnataka Examination Authority 18th Cross Sampige Road Malleshwaram, Bengaluru - 560012, represented by Executive Director.
4. Medical Council of India Pocket-14, Sector-8 Dwarka, New Delhi-110077 Represented by its Secretary. ..Respondents (By Sri C Shashikantha, CGC, for R1, Sri Lakshminarayana, AGA for R2 Sri N K Ramesh, Advocate for R3 Sri N Khetty, Advocate for R4) These WPs are filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of prohibition against the R2 and R3 from acting contrary to Post Graduate Medical Education (Amendment) Regulations 2018 vide Annexure-A issued by the Medical Council of India vide Notification dated 5.4.2018 for the academic year 2018-19 insofar as the seat sharing is concerned and as well as fixation of fee and etc.,.
These WPs coming on for preliminary hearing in `B’ Group this day, DEVDAS J, passed the following:
ORDER Learned Additional Government Advocate submits that the prayer made in these writ petitions have become infructuous. Regard being had to the fact that the prayer is for a declaration that the respondents have acted contrary to Post Graduate Medical Education (Amendment) Regulations, 2018 issued by the Medical Council of India vide Notification dated 5.4.2018 for the academic year 2018-19 insofar as the seat sharing is concerned as well as fixation of fee, learned Additional Government Advocate further submits that since the admission for the academic year 2018-19 has long been concluded, the admission process for the next academic year 2019-20 is in progress. Hence, it is submitted that the prayer sought for in the writ petitions has become infructuous.
2. The submission made by the learned Additional Government Advocate seems to be valid on going through the prayer made by the writ petitioners.
Therefore, these writ petitions are disposed of as having become infructuous.
SD/- JUDGE SD/- JUDGE Bkm