IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 29TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT W.A.Nos.4375-4376, 4380, 4391, 4393 AND 4395 OF 2017 (EDN-RES) BETWEEN JAINENDRA BAHADUR SINGH SON OF ABHAY NARAYAN SINGH AGED ABOUT 49 YEARS … APPELLANT IN (WA No.4375 OF 2017) JAY SINGH SON OF HARILAL AGED ABOUT 23 YEARS … APPELLANT IN (WA No.4376 OF 2017) VISHWAKARMA PRADEEP SON OF RAMESH AGED ABOUT 38 YEARS … APPELLANT IN (WA No.4380 OF 2017) KUMAVAT RAVINDRA SON OF LALCHAND AGED ABOUT 21 YEARS … APPELLANT IN (WA No.4391 OF 2017) YADAV SACHIN KUMAR SON OF RAJARAM YADAV AGED ABOUT 21 YEARS … APPELLANT IN (WA No.4393 OF 2017) BARAI KISHAN SON OF MADAN LAL AGED ABOUT 20 YEARS … APPELLANT IN (WA No.4395 OF 2017) All ARE RESIDING AT INSTITUTION HOSTEL AMRUTHA AYURVEDIC MEDICAL COLLEGE AND HOSPITAL BEHIND ONAKE OBAVVA STADIUM CHITRADURGA DISTRICT-577 501 (BY SRI.M M SWAMY, ADVOCATE) ... APPELLANTS AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO EDUCATION DEPARTMENT BENGALURU-560 001.
2. AMRUTHA AYURVEDIC MEDICAL COLLEGE AND HOSPITAL BEHIND ONAKE OBAVVA STADIUM CHITRADURGA-577 501 REPRESENTED BY ITS PRINCIPAL 3. SRI DEVARAJ URS VIDYA SAMSTHE (R) BEHIND ONAKE OBAVVA STADIUM CHITRADURGA-577 501 REPRESENTED BY ITS SECRETARY 4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH MAIN, ‘T’ BLOCK JAYANAGAR BENGALURU-560 041 REPRESENTED BY ITS VICE CHANCELLOR 5. CENTRAL COUNCIL OF INDIAN MEDICINE JAWAHARLAL NEHRU BHARATIYA CHIKITSA AVAM HOMEOPATHY ANUSANDHAN BHAVAN 61-65, INSTITUTIONAL AREA JANAKPURI, NEW DELHI-110 058 REPRESENTED BY ITS SECRETARY 6. ASHWIN SHARMA, MAJOR SON OF SRAVAN LAL SHARMA 7. BHARDWAJ SANJAY KUMAR SON OF RAMAWADH, MAJOR 8. CHAUHAN HARESH KUMAR MAJOR SON OF GULAB CHAND B CHAUHAN 9. CHAURASIYA ABHISHEK SON OF OMNATH V, MAJOR 10. DEVESH SHUKLA MAJOR, SON OF SUBODH SHUKLA 11. K M NAZIA BANO DAUGHTER OF MD. SALEEM, MAJOR 12. MOHD. ANISH MAJOR, SON OF SHEHJMAL 13. PAL ANJALI MAJOR, DAUGHTER OF VIJAY BAHADUR 14. PAWAN PANDEY MAJOR, SON OF SHAYANTH PANDEY 15. SHUKLA DEEPAK RANJEET SON OF RANJEET, MAJOR 16. SURAJ MAJOR, SON OF SIYARAM 17. GOURAV SINGH MAJOR, SON OF AJAB SING 18. ASHISH PATEL MAJOR, SON OF MADHAV PATEL 19. JAIWANT VERMA MAJOR, SON OF OM PRAKASH VERMA 20. K M ANTIMA GUPTA MAJOR, DAUGHTER OF RAMPRASAD GUPTA 21. K M PREMA DEVI DAUGHTER OF BALAKU PAL, MAJOR 22. K M SNEHA VERMA MAJOR, DAUGHTER OF JAYPRAKASH VERMA 23. K M USHA TIWARI DAUGHTER OF AJAY TIWARI, MAJOR 24. MOHD. SULTAN KHAN MAJOR, SON OF LATE MD. AKBAR KHAN 25. PRAJAPATI SURAJ SON OF RAMDARAS, MAJOR 26. RAJPUT HARSHA MAJOR, SON OF MAHENDRA BHAI 27. SHIKHA PAL MAJOR, DAUGHTER OF MURARI PAL 28. SHIVAM KUMAR MAJOR, SON OF SATISH KUMAR 29. SUSHIL SHUKLA MAJOR, SON OF RAJ KUMAR SHUKLA 30. SWARGAM BHUMESHWAR MAJOR, SON OF CHILUKHAHA SWARGAM 31. TRIVEDI JAYDEEP MAJOR, SON OF JAGDEV PRASAD 32. VINOD KUMAR MAJOR, SON OF BHAGWAN PRASAD 33. CHAUHAN SURAJ MAJOR, SON OF RAMNARAYAN 34. K M NEHA PANDEY MAJOR, DAUGHTER OF SANTOSH PANDEY 35. PRAJAPATI DEEPAK SON OF KHADERAN, MAJOR 36. RAJPUT JIGAR SINGH SON OF RATU SINH, MAJOR 37. RAJPUT PRAVIN SINH SON OF BHALABHAI, MAJOR 38. AYESHA KHANUM MAJOR, DAUGHTER OF LATE NASEER KHAN 39. SIKANDER RAJBHAR MAJOR, SON OF RAMESHCHANDRA 40. SURAJ KUMAR SINGH SON OF SURESH SINGH, MAJOR 41. PULKIT TANDI MAJOR, SON OF PAWAN KUMAR TANDI 42. SATYAVIR KUMAR, MAJOR SON OF RAJA RAM SINGH 43. DUBEY AMIT MAJOR, SON OF NAGESH DUBEY 44. GUPTA RAMESH SON OF HIRALAL, MAJOR 45. GUPTA NIKHIL MAJOR, SON OF PARASNATH GUPTA 46. MISHRA KIRTI DAUGHTER OF LALBABU, MAJOR 47. MD. AFSAR, MAJOR SON OF ABDUL AUWAL SHAIK 48. PRITAM SAHU, MAJOR SON OF RAMESH KUMAR SAHU 49. A BHARATH RAJU, MAJOR SON OF A BHASKARA RAJU 50. PRASHANT GAUR, MAJOR SON OF AKHILESH PRAKASH GAUR 51. SUMIT SAHU, MAJOR SON OF SHYAM SAHU 52. SURAJ PATHAK, MAJOR SON OF RAKESH PATHAK 53. ABHIJEETH BISWAS, MAJOR SON OF ASHOK BISWAS 54. NIHAL K, MAJOR SON OF KUTAMANSTAN D.A.
55. CHAUHAN DASRATH KUMAR SON OF ARIAN BHAI, MAJOR 56. K M PALAK SHARMA SON OF AJAY SHARMA, MAJOR 57. TRIPATHI DEVENDRA DUDHNATH SON OF TRIPATHI DUDHNATH, MAJOR RESPONDENT Nos.6 TO 57 ARE ALL RESIDING AT INSTITUTION HOSTEL AMRUTHA AYURVEDIC MEDICAL COLLEGE AND HOSPITAL BEHIND ONAKE OBAVVA STADIUM CHITRADURGA DISTRICT-577 501.
... RESPONDENTS (COMMON) (BY SRI.S S MAHENDRA, AGA FOR RESPONDENT No.1 SRI. ABHISHEK MALIPATIL, ADVOCATE FOR RESPONDENT Nos.2 AND 3 SRI SACHIN B S, ADVOCATE FOR RESPONDENT No.4 NOTICE TO RESPONDENT No.5 IS HELD SUFFICIENT VIDE ORDER DATED 22.08.2017 NOTICE TO RESPONDENT Nos.6 AND 57 ARE DISPENSED WITH VIDE ORDER DATED 19.07.2017) THESE APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO (A) SET ASIDE THE ORDER DATED 08.02.2017 PASSED IN WRIT PETITION No.32189/2016 AND WRIT PETITION Nos.41486-41569/2016 IN SO FAR AS DIRECTION FOR PAYMENT OF BALANCE COURSE FEES BY EACH OF THE STUDENTS TO OBTAIN NO OBJECTION CERTIFICATE FROM THE RESPONDENT NO.2 COLLEGE BY ALLOWING THIS APPEAL AND ETC.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for appellant Nos.3, 4, 8, 19, 21 and 23 has filed affidavits seeking withdrawal of their respective appeals and to delete their names from the array of parties in Writ Appeal No.2083 of 2017 and Writ Appeal Nos.4374-4397 of 2017.
2. The affidavits of the aforesaid appellants are accepted. The writ appeal Nos.4375, 4376, 4380, 4391, 4393 and 4395 of 2017 in respect of appellant Nos.3, 4, 8, 19, 21 and 23, are dismissed as withdrawn.
Sd/- Sd/-
JUDGE JUDGE NG*CT:bms