IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.3243/2019 (EDN-RES) BETWEEN Dr. Portia Dewan Age: 32 years D/o Eva Dewan R/o No.300, Ward No.04/West Chand Mari Near Rubber Board, Kunjaban Agartala, West Tripura Tripura – 799006. ... Petitioner (By Sri. M. Jai Prakash Reddy, Advocate) AND 1. Department of Health and Family Welfare Government of Karnataka Vikasa Soudha Bengaluru – 560 001. Rep. by its Secretary 2. Department of Medical Education M.S. Building, Bengaluru – 560 001. Rep. by its Secretary 3. Rajiv Gandhi University Health & Science 4th “T” Block, Jayanagar Bengaluru – 560041. By its Registrar 4. Bengaluru Medical College & Research Centre Fort, Chamrajpet Bengaluru – 560003.
By its Director. ... Respondents (By Smt. Pramodhini Kishan, AGA for R1, 2 & 4; Sri. N. K. Ramesh, Adv. for R3) 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 her at the time of joining the Post Graduation course in R-4 College without insisting for an under taking for temporary registration and bank guarantee and etc.
This writ petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER Smt. Pramodhini Kishan, learned Additional Government Advocate accepts notice for respondent Nos.1, 2 and 4.
2. Sri. N. K. Ramesh, learned Panel Counsel accepts notice for respondent No.3.
3. Learned counsel for the petitioner having annexed a copy of the judgment dated 14.01.2019 rendered by this Court in W.P.No.58010-58011/2018 (EDN-RES) (Dr.
Pendurthi Bharadwaja and another Vs., Department of Health and Family Welfare and others) submits that the subject matter of this petition in all fours is similar to the fact matrix of the said case and therefore, the relief granted to the petitioner therein needs to be extended to the petitioner herein also on the principle of parity.
4. This submission is not much disputed by the respondents subject to the caveat that the factual aspects need to be verified.
In the above circumstances, this writ petition succeeds and is disposed off in terms of the aforesaid judgment, leaving liberty to the respondents to ascertain the factual aspects.
Sd/- JUDGE SN