IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.NO.6900 OF 2019 (EDN-RES) BETWEEN DR. MEDHA SUGARA AGE 33 YEARS, D/O SUGARA K S, R/O NO.8-C, BLOCK 7, 14TH CROSS, 1ST B MAIN, IAS COLONY, SECTOR 6, HSR LAYOUT, BENGALURU – 560102. ... PETITIONER (BY SRI.JAI PRAKASH REDDY M, ADVOCATE) AND 1. DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KARNATAKA VIKASA SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 2. DEPARTMENT OF MEDICAL EDUCATION, M S BUILDING, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 3. RAJIV GANDHI UNIVERSITY HEALTH & SCIENCE, 4TH “T” BLOCK, JAYANAGAR, BENGALURU-560 041, BY ITS REGISTRAR 4. KIDWAI INSTITUTE OF ONCOLOGY, DR.M H MARI GOWDA ROAD, BENGALURU – 560029 BY ITS DIRECTOR. ... RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA FOR R.1 & 2; AND SRI.N.K.RAMESH, ADVOCATE FOR R.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 COLLEGE TO RETURN THE ORIGINAL DOCUMENTS OF THE PETITIONER SUBMITTED BY THEM AT THE TIME OF JOINING THE POST GRADUATION COURSES IN R-4 COLLEGE WITHOUT INSISTING FOR AN UNDER TAKING FOR TEMPORARY REGISTRATION AND BANK GUARANTEE AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioner submits and both the learned counsel appearing for the other side do not dispute that the subject matter of this Writ Petition is substantially similar to the one in cognate W.P.Nos.58010 & 58011/2018 (Edn-Res) and therefore, the relief granted to the litigant thereon, needs to be granted to the petitioner herein on the principle of parity, there being no repugnant circumstances.
2. In the aforesaid Writ Petitions, the operative portion of the judgment dated 14.01.2019, a copy whereof is at Annexure – B reads as under:
“ ORDER (1) Fourth respondent is hereby directed to return the original documents of the petitioners as sought for by them namely in W.P.No.29161/2018 at representation dated 09.07.2018 – Annexure ‘A’ and as per the list indicated in the endorsement dated 10.03.2015 – Annexure ‘C’ in W.P.No.29162/2018 forthwith, on petitioners submitting an undertaking affidavit before the fourth respondent as submitted by the similarly placed Doctors and as furnished in W.P.No.40566/2015 and W.P.No.25391/2016 and connected matters.
(2) In the event of petitioners filing an affidavit of undertaking during the course of the day before the fourth respondent, fourth respondent shall ensure that documents sought for and available are handed over immediately without insisting for ‘No Objection Certificate’ from the third respondent – University.”
The observations and directions made in the aforesaid order are squarely applicable to these petitioners also. In addition, petitioner shall be subject to the amendments made to the Act by the Amendment Act of 2017, wherever the same is applicable. Petitioner shall accordingly file an affidavit.
In view of the above, this Writ Petition also succeeds in terms of the aforesaid judgment.
No costs.
cbc Sd/- JUDGE