IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI WRIT PETITION No.14961/2019 (EDN-RES) BETWEEN:
Dr. Marri Anusha Deepthi, D/o. Veera Krishna M.G., Aged about 29 years, R/at. No.9/7-2, Soundharya Nilaya, 1st Cross, Vittal Nagara, Chamarajapet, Bangalore – 560 018.
(BY SRI. RAMESH ANANTHAN, ADVOCATE AND SRI. ASHOK KUMAR H.V., ADVOCATE.) ... PETITIONER AND:
1. The Principal, Kempegowda Institute of Medical Sciences, Banashankari 2nd stage, Bangalore – 560 070.
2. The Administrator, Rajya Vokkaligara Sangha, V.V.Puram, K.R. Road, Bangalore – 560 004.
3. The Registrar, Rajiv Gandhi University of Health Sciences, Jayanagar `T’ Block, Bangalore – 560 041.
… RESPONDENTS (BY SRI. NISHANTH A.V.,ADVOCATE FOR R.1 AND R.2 AND SRI. SANTOSH S. NAGARALE, ADVOCATE FOR R.3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R.1 TO RETURN THE ORIGINAL MARKS CARDS OF MBBS AND DGO TO THE CUSTODY OF PETITIONER, IN PURSUANCE OF THE APPLICATION DATED 26.02.2019, WHICH IS MARKED AS ANNEXURE-F.
THIS WRIT PETITION COMING ON FOR `PRELIMINARY HEARING IN `B’ GROUP’, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Short question for consideration in the present writ petition is, whether the petitioner is entitled for respective marks cards from the respondent No.1 or not. The reason for withholding of petitioner’s marks card is that, she has not paid certain fees as per the undertaking given by her vide Annexure R.1(7).
2. Undisputedly, there is no statutory provision for withholding of marks cards of a student by the Principal, Kempegowda Institute of Medical Sciences – the first respondent. Therefore, the first respondent is hereby directed to release the marks cards of the petitioner within a period of two weeks from today. If there are any fees/dues from the petitioner, the same shall be recovered, in accordance with procedure/law. The undertaking given by the petitioner would not be a hurdle for the release of marks cards, since such an undertaking is taken by the institution in the absence of any mandate.
With the above observation, writ petition stands disposed of.
Sd/- JUDGE Mgn/-