IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT W.P.NOS.6920-6921 OF 2019 (EDN EX) BETWEEN 1. HAFIZULLA KHAN, S/O SANAULLA KHAN, AGED ABOUT 28 YEARS, RAJIV GANDHI PARA MEDICAL COLLEGE, A.V.K. COLLEGE ROAD, DISTRICT DAVANAGERE - 570 286.
2. DILEEPA S/O B.S.DEVARAJ NAIK, AGED ABOUT 27 YEARS, RAJIV GANDHI PARA MEDICAL COLLEGE, A.V.K. COLLEGE ROAD, DISTRICT DAVANAGERE - 570 286. ... PETITIONERS (BY SMT.SARASWATHI, ADVOCATE) AND 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT MEDICAL EDUCATION, VIKASA SOUDHA, BENGALURU - 560 001.
2. THE DIRECTOR, MEDICAL EDUCATION, ANAND RAO CIRCLE, GANDHINAGAR, BENGALURU - 560 009.
3. KARNATAKA NURSING AND PARA MEDICAL REGULATION, AUTHORITY (ACT- 2012), REPRESENTED BY COMPETATIVE AUTHORITY, PARA MEDICAL BOARD BENGALURU, NO.5, NEW NO.40/20A, LAKSHMI COMPLEX, 1ST FLOOR, OPP: VANI VILAS HOSPITAL, BENGALURU - 560 002.
4. KARNATAKA NURSING AND PARA MEDICAL SCIENCES, EDUCATION (REGULATION) AUTHORITY, REPERSENTED BY ITS MEMBER SECRETARY, NO.5, NEW NO. 40/20A, LAKSHMI COMPLEX, 1ST FLOOR, OPP: VANI VILAS HOSPITAL, BENGALURU - 560 002. ... RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA FOR R1 & R2 AND SRI.YOGESH NAYAK, ADVOCATE FOR R3 & R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OR ORDER TO THE R-3 TO ACCEPT THE EXAMINATION FEES OF THE PETITIONERS AND TO PERMIT THE PETITIONERS FOR APPEARANCE IN EXAMINATION WHICH WILL BE HELD IN THE MONTH OF FEBRUARY 2019 VIDE ANNEXURE-A DTD:20.12.2018 AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The learned counsel for the petitioners asserts and the learned Addl. Govt. Advocate Smt.Pramodhini Kishan on request appearing for Respondent Nos.1 & 2 and also the learned Panel Counsel Sri.Yogesh Nayak on request appearing for Respondent Nos.3 & 4, do not much dispute that the subject matter of these Writ Petitions is substantially similar to the one in cognate W.P.Nos.342-346/2019 (Edn-Ex), disposed off by this court vide judgment dated 03.01.2019, a copy whereof is at Annexure – D. Therefore, nothing much remains for adjudication in this case, which needs to be disposed off in terms of the said judgment.
Accordingly, this Writ Petition succeeds in part; a Writ of Mandamus issues to the Respondent Nos.3 & 4 to accept the examination fees, if tendered by the petitioner on or before 16.02.2019, if they are otherwise eligible.
Costs made easy.
cbc SD/- JUDGE