IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.20596 & 20696/2019 (EDN – RES) BETWEEN:
1. Ms. HITHAISHI RAJ D/O LINGARAJ.T AGED ABOUT 21 YEARS R/AT FL.No.SF-202 GONI FAIR FIELD APARTMENT No.52, 40 FEET ROAD, N.N. FARMS GEDDALAHALLI SANJAYNAGAR BANGALORE-560094.
2. Ms. SOUNALYAA RAJ D/O LINGARAJ.T AGED ABOUT 21 YEARS R/AT FL. No.SF 202 GONI FAIR FIELD APARTMENT No.52, 40 FEET ROAD, N.N. FARMS GEDDALAHALLI SANJAYNAGAR BANGALORE-560094. …PETITIONERS (BY SRI SHARATH S. GOGI & SRI. SHIVAKUMAR S. GOGI, ADVS.) AND:
1. NEW SHORES INTERNATIONAL COLLEGE SARVAJNA NAGAR, No.15 CHIKKASANDRA, HESARAGHATTA MAIN ROAD BANGALORE-560090 REP. BY ITS PRINCIPAL.
2. BANGALORE NORTH UNIVERSITY REP. BY ITS REGISTRAR [EVALUATION] SRI DEVARAJ URS EXTENSION, TAMAKA KOLAR-563103. …RESPONDENTS (BY SRI RAVISHANKAR.R.H., ADV. FOR R-1) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PETITIONER IS ENTITLED FOR TRANSFER FROM RESPONDENT No.1 INSTITUTE TO ANY OTHER RECOGNIZED INSTITUTIONS; AND ETC., THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have sought for the following reliefs:
“a. Declaring that the petitioner is entitled for transfer from first respondent institute to any other Recognized Institutions.
b. Directing the respondent institute to issue ‘No Objection Certificate’, the petitioners’ marks cards, character certificate and other original documents to the petitioners, without any charges on issuing ‘No Objection Certificate’ for transfer.
c. Directing the respondent institute to permit the petitioners to take up the preparatory exams and final exams of the first year BA [Tourism] course without insisting for payment of fees in advance of second year course which would be commencing from July 2019.
2. Relief No.1 is not pressed by the petitioners.
The petitioners joined the course B.A [Tourism and Journalism] in the respondent No.1 institution during the academic year 2018-19. The petitioners contended that no institutional and instructional facilities were provided by the respondent No.1 college, owing to the lack of teaching staff, lack of library facilities and other related issues. On the other hand, there were only three students in B.A [Tourism and Journalism] course I relating to the academic year 2018-2019. It is the grievance of the petitioners that they were not allowed to appear for the examination and as such they were compelled to approach this Court. In view of the interim order passed by this Court on 23.05.2019, the petitioners were permitted to appear for the second semester final examination scheduled to commence from 27.05.2019 subject to the petitioners fulfilling the eligibility criteria and subject to the result of the writ petitions. Despite the interim order passed by this Court, the respondent No.1 institution has not permitted the petitioners to appear for the second semester final examination raising the issue of shortage of attendance which was no where brought to the notice of the petitioners during the academic session of first and second semesters. Finally on the clarification made by this Court on 28.05.2019 inasmuch as the interim order passed on 23.05.2019, the petitioners were permitted to appear for the remaining second semester final examination. In the process, the petitioners lost their legitimate right to appear for the examination relating to all the subjects of the II Semester as one subject remained uncleared. Being aggrieved by the same, the petitioners have sought for Marks Cards, Character Certificates and other original documents as well as the transfer certificates but in vain.
3. Learned counsel for the petitioners reiterating the grounds urged in the writ petitions would submit that the petitioners have lost one year on the false hopes and assurances made by the respondent No.1-Institution and finally they were labeled as the failed students since they were not permitted to appear for one subject of second semester despite the interim order passed by this Court. On the act of omission of the Institution, to provide the basic infrastructural and institutional facilities, the petitioners are made to suffer for no fault of theirs. Despite the requests made for return of the documents/certificates and marks cards, the same has not been responded to. In support of his contentions, learned counsel placed reliance on the judgment of this Court in the case of Dr.Ravikumar and Others V/s. The Ministry of Health and Family Welfare and Others, in W.P.Nos.35523-26/2014 [D.D 13.08.2014].
4. Learned counsel for the respondent No.1 would submit that the petitioners have given Fee Payment Undertaking at the time of the admission to the course that the course fee of Rs.3,75,000/- excluding the University fee and uniform fee shall be paid by the petitioners in three installment of Rs.1,25,000/- each. In terms of the said undertaking, the petitioners are bound to discharge their liability otherwise the unaided private institution would be put to great hardship if the petitioners are getting transfer to any other college in the midstream of the academic session. The learned counsel strongly disputes the allegations made by the petitioners inasmuch as the want of infrastructural and institutional facilities provided to the petitioners relating to the course in which the petitioners are studying. It was argued that the petitioners were not permitted to appear for the second semester examination due to shortage of attendance. In support of his contentions, learned counsel has placed reliance on the order of this Court in the case of Sanjat Suman Lenka V/s. Medical Council of India and Others in W.P.No.53797/2016 [D.D. 06.01.2017].
5. I have carefully considered the rival submissions of the learned counsel appearing for the parties and perused the material on record.
6. The controversy finally rests on the return of Documents/Marks Cards/Certificates furnished by the petitioners with the respondent No.1 – Institution while getting admission to the B.A [Tourism & Journalism] course. The dispute would have been easily resolved if it was merely relating to the return of documents simpliciter without demanding fees by the respondent No.1 college. But the crux of the dispute now is tagged on to the course fee amount demanded by the respondent No.1 college as a condition precedent for the return of Documents/Certificates/Marks Cards. Though both the learned counsel have made allegations and counter allegations against each other, it is not in dispute that the petitioners were forced to approach this Court to appear for the second semester final examination and despite the interim order passed by this Court, the petitioners were not permitted to appear for the examination for one subject.
7. In the judgment referred to, by the learned counsel for the respondent in Sanjat Suman Lenka supra, the Cognate Bench of this Court was considering the admissions made to MBBS Course through Consortium of Medical, Engineering and Dental Colleges of Karnataka [COMEDK] in the State of Karnataka. The student though obtained the seat at Maharashtra on 29.09.2016 had not informed to the third respondent college till 07.10.2016 regarding the same, which was beyond the last date of admissions for private seats. The student thereafter requested for return of documents.
The respondent college therein demanded the entire course fee of Rs.25,00,000/- for return of the original documents. In that context, the Cognate Bench of this Court has directed the college to return the documents subject to the petitioner furnishing the bank guarantee or executing a bond for 50% of the fees i.e., Rs.11,50,000/- out of Rs.23,00,000/-. This judgment is of little assistance to the respondent-college for the reason that the petitioners herein have not been admitted through any counseling process and they are not seeking for return of the documents during the academic year of admission in order to avail the seat in any other institution. On the other hand, the petitioners herein have lost their precious one year in the respondent No.1 college and finally they were not allowed to appear for the second semester examination raising the ground of shortage of attendance which ultimately relates to the payment of fees for the next academic session.
8. In the order of this Court in Dr.Ravikumar and Others supra, though the course study was relating to MBBS, the Hon’ble Court has observed that if any bond has been executed by the students, the same has to be enforced in an appropriate proceedings and in the manner known to law wherein all aspects would be considered.
9. If any undertaking is given by the petitioners as contended by the respondent No.1 college, it is for them to enforce the same in accordance with law but not withholding the Documents/Marks Cards/ Certificates of the petitioners. Moreover, it is the specific contention of the petitioners that they are not seeking any transfer to any other institution to pursue their third semester in B.A [Tourism and Journalism] course but they are seeking fresh admission in some other college for the B.A [Tourism and Journalism] course. Hence, it is obligatory on the part of the respondent No.1 college to issue the Documents/Marks Cards/Certificates to the petitioners and the Transfer Certificates to the respective college/institution to which the petitioners are opting to join as fresh students. The petitioners shall submit the details of the Institution where they are registering for admission and on furnishing of such particulars, the respondent No.1 shall forward the Transfer Certificates to the said Institution as expeditiously as possible without demanding any fees by the petitioners.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE NC.