IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.10587/2019(EDN-RES) BETWEEN:
DR.KHAN FAZLUR REHMAN S/O FAROOQUE AHMED AGED ABOUT 28 YEARS, RESIDENT OF GOLDEN OXIDE, KHARDI ROAD, OPP. BHARAT GEAR CO KAUSA MUMBRA THANE - 400 612 MAHARASHTRA ... PETITIONER (BY SRI.CHANDRAKANTH R GOULAY, ADV.) AND:
1. THE DIRECTORATE GENERAL OF HEALTH SERVICES (DGHS) REP. BY ITS SECRETARY MINISTRY OF HEALTH & FAMILY WELFARE GOVERNMENT OF INDIA MEDICAL COUNSELLING COMMITTEE NIRMAN BHAWAN MAULANA AZAD ROAD, NEW DELHI - 110 001 2. THE DIRECTOR OF MEDICAL EDUCATION ANAND RAO CIRCLE, BENGALURU - 560 009 REP. BY ITS DIRECTOR 3. THE KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM BENGALURU - 560 012 REP. BY ITS EXECUTIVE DIRECTOR 4. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH & FAMILY WELFARE VIDHANA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU - 560 001 5. THE KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY DR M H MARIGOWDA ROAD, BENGALURU - 560 029 KARNATAKA, REP. BY ITS DIRECTOR 6. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH T BLOCK EAST PATTABHIRAMA NAGAR JAYANAGAR BENGALURU-560 041 REP. BY ITS REGISTRAR ... RESPONDENTS (BY SMT.M.S.PRATHIMA, AGA FOR R2 & R4; SRI.N.K.RAMESH, ADV. FOR R3 & R6; SRI.SHASHIKANTH, ASG FOR R1;
R5 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE ACTION OF THE R-2, 3, 5, IN NOT CONSIDERING THE REQUEST OF THE PETITIONER FOR RETURN OF THE ORIGINAL DOCUMENTS AT ANNEXURE-C DTD:25.2.2019 IS HIGHLY ILLEGAL, ARBITRARY AND OPPOSED TO LAW ISSUE CONSEQUENTIAL DIRECTIONS TO THE RESPONDENTS TO COMPLETE THE LEGAL FORMALITIES IN THE MATTER OF RETURN OF DOCUMENTS FORTHWITH ON THE BASIC OF PRAYER I ABOVE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
O R D E R The petitioner states that he has joined MBBS course in the year 2015 and completed. He also secured seat for MD Microbiology(P) at the fifth respondent—Kidwai Memorial Institute of Oncology. Pursuant to admission, he sought withdrawal of admission in the fifth respondent-Institution and approached the respondent with a request to return the original documents and to forfeit the seat. The same has not been considered and hence he filed writ petition. The prayer made by the petitioner is for a writ of mandamus to the respondents directing to return the original documents. On considering the prayer made by the petitioner, by its order dated 11th March, 2019, following the order passed by the co-ordinate Bench in Writ Petition No.23982 of 2018 disposed of on 04th June, 2018, granted Interim Order directing the fifth respondent to return the original documents produced by the petitioner subject to the petitioner making payment along with the entire course fee and refund the stipend, if not already paid. The learned counsel appearing for the petitioner submits that as per the direction, the petitioner has paid but the respondents have failed to return the entire original records.
2. The learned counsel appearing for the fifth respondent submits that, since there was an interim order granted and the same has been complied with, the documents have been returned. However, the petitioner shall have to comply with payment of stipend, course fee and other fees as per the Government Order No.AKuKa 167 RGU 2018, Bangalore DATED 29th May, 2018.
3. Heard the learned counsel for the parties and gone through the pleadings. The petitioner got admitted to MD course and thereafter made a prayer to surrender the seat and was permitted to surrender and thereafter has requested the fifth respondent to return the original documents. Since it was rejected, this Court directed the fifth respondent to return the original documents and the same has been complied with. Return of documents itself is not a compliance unless and until the petitioner abide by the terms stipulated in Government Order dated 29th May 2018 referred to above. In view of the same, permission granted by Interim Order dated 11th March, 2019, is strictly in compliance of Government Order referred above.
Hence, we pass the following order:
Writ Petition is allowed subject to payment of entire amount as per the Government Order No.AKuKa 167 RGU 2018 dated 29th May, 2018, within a period of four weeks from today, failing which, liberty is reserved to the fifth respondent- Institution to file a memo to revive this petition for the purpose of further orders.
Sd/- JUDGE lnn Sd/- JUDGE