IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION Nos.58010-58011/2018 (EDN-RES) Between:
1. Dr. Pendurthi Bharadwaja, Age: 32 Years, S/o Pendurthi Ravindra, R/o No.23-78/5/1/1, 17th Cross, Anand Bhag, R K Nagar, Hyderabad-500 047, Telangana State.
2. Dr. Thameena Mohammed, Age: 30 years, D/o T.A.Mohammed Kunhi, R/o Nasreen Manzil, Iyyapadi Road, Malaparamba, Calicut, Kerala ... Petitioners (By Sri. M.Jaiprakash Reddy , 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-560041, By its Registrar.
4. Mysuru Medical College & Research Institute, Irvin Road, Near Railway Station, Mysuru-570021, By its Director.
5. Vijaynagara Institute of Medical Science, Contonment, Bellary, Bellary Hospet road, Bellary, By its Director. ... Respondents (By Smt. Pramodhini Kishan, AGA) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the R-4 and 5 colleges to return the original documents of the petitioners submitted by them at the time of joining the Post Graduation courses in R-4 & 5 colleges without insisting for an under taking for temporary registration and bank guarantee and etc., These Writ Petitions are coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
ORDER The learned counsel for the petitioners submit that these matters are relating to return of the college records to the petitioners herein, is covered by the judgment dated 09.08.2018 rendered by a Co-ordinate Bench of this Court in cognate W.P.Nos.34649-34669/2018 (EDN-RES) wherein, relief has been granted to the litigants therein, who were similarly circumstanced qua the petitioners.
In view of the above, these Writ Petitions are entitled to succeed in terms of the judgment dated 09.08.2018 in W.P.Nos.34649-34669/2018 (EDN-RES), the operative portion of which 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.
Writ Petitions are accordingly disposed off in the aforesaid terms.
The observations and directions made in the aforesaid order are squarely applicable to these petitioners also. In addition, petitioners shall be subject to the amendments made to the Act by the Amendment Act of 2017, wherever the same is applicable.
Further, the undertaking to be submitted by the petitioners herein shall also be to the effect that they would be subject to the amendments made to the Act by the Amendment Act, 2017…..”
The learned counsel for the petitioner, on the principle of parity, seeks the same relief and that the learned Additional Government Advocate does not much oppose that the subject matter of these Writ Petitions is covered by the judgment aforesaid.
In view of the same, these Writ Petitions also succeed and are disposed off accordingly.
Costs made easy.
Sd/- JUDGE DS/-