IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.33868/2018 (EDN-RES) BETWEEN:
DR VARSHA S AGED ABOUT 24 YEARS, D/O J.S. SOMASHEKAR, NO.438, 10TH CROSS, 3RD BLOCK, 10TH CROSS, 3RD BLOCK, D GROUP LAYOUT, ANDRAHALLI MAIN ROAD, VISHWANEEDAM POST, BENGALURU – 560 091 … PETITIONER (BY SRI. AJOY KUMAR PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY, HEALTH & FAMILY WELFARE, (MEDICAL EDUCATION DEPARTMENT) VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560001 2. THE DIRECTOR OF MEDICAL EDUCATION IN KARNATAKA, ANAND RAO CIRCLE, BENGALURU-560009 REP BY ITS DIRECTOR.
3. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560012 REP BY ITS EXECUTIVE DIRECTOR 4. KARNATAKA INSTITUTE OF MEDICAL SCIENCES HUBBALLI-580 022 REP BY ITS PRINCIPAL … RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA FOR R1 & R2; SRI.N.K. RAMESH, ADVOCATE FOR R3;
SMT. SUMANA BALIGA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RETURN ALL THE ORIGINAL DOCUMENTS SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT KEA AT THE TIME OF ISSUANCE OF THE ADMISSION ORDER DATED 08.05.2018 AT ANNEXURE-C; AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The short grievance of the petitioner is against the respondents not releasing her original educational records though she is ready and willing to pay the fine amount of Rs.1,00,000/- and also the entire fees admissible to the course after adjusting what is already paid.
2. After service of notice, the respondents who have entered appearance through their respective counsels, are broadly in agreement with the proposal of the petitioner now. Therefore, nothing more needs to be adjudicated in this writ petition.
In the above circumstances, writ petition is allowed; a writ of mandamus issues to the Respondent No.4 to release to the petitioner all her original educational records forthwith on the petitioner paying Rs.1,00,000/- to the Respondent No.2-Director of Medical Education and further settling all the fees of the Respondent No.4-College for the course in question after adjusting any payments already made. Time for compliance is within two weeks.
Sd/- JUDGE AN/-