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 W.P.No.389 OF 2019 (EDN-RES) BETWEEN DR. SHWETHA. N, D/O V NARAYANA SWAMY, AGED ABOUT 29 YEARS, RESIDING AT NO.735, ‘SREE SWAMY NILYA’, ROBERTSONPET, PRICHARD ROAD, OLD SWARNAKUPPAM, KGF – 563 122. ... PETITIONER (BY SRI. VIKRAM G, ADVOCATE) AND 1. STATE OF KARNATAKA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BANGALORE – 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. DEPARTMENT OF MEDICAL EDUCATION, MULTI-STOREYED BUILDING, BANGALORE – 560 001. REPRESENTED BY ITS SECRETARY.
3. BANGALORE MEDICAL COLLEGE AND RESEARCH CENTRE, BANGALORE FORT, BASAVANAGUDI, BANGALORE – 560 002, REPRESENTED BY ITS DIRECTOR. ... RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA FOR R1 & R2; SMT.SUMANA BALIGA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENTS AND IN PARTICULAR R-3 TO IMMEDIATELY RETURN ALL THE ORIGINAL DOCUMENTS WHICH WERE SUBMITTED BY THE PETITIONER AT THE TIME OF PG ADMISSION VIDE ANNEXURE-B PURSUANT TO THE REPRESENTATION DATED 02.01.2019 AT ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The learned counsel for the petitioner asserts and the learned Addl. Govt. Advocate Smt.Pramodhini Kishan having accepted notice for the Respondent Nos.1 & 2, does not dispute that this matter relating to return of the college records to the petitioner 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.
2. In view of the above, this Writ Petition is 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 of 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…..”
This Writ Petition is disposed off in the aforesaid terms.
Mrs.Sumana Baliga, learned Senior Panel Counsel for the 3rd respondent on request has accepted notice for the 3rd respondent.
She is permitted to file Memo of Appearance within two weeks.
Costs made easy.
Sd/- JUDGE cbc