IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT PETITION NO.40926/2018 (EDN-RES) C/W WRIT PETITION NOs.40925/2018, 40928/2018 (EDN-RES) IN W.P. NO.40926/2018 BETWEEN KUM. DR. DEEPA R NAIK D/O RAMESH NAIK AGED ABOUT 27 YEARS, RESIDENT OF SARADA NILAYA VIDYANAGAR, SINDAGI-586 128 VIJAYPURA DIST.
... PETITIONER (BY SRI CHANDRAKANTH R GOULAY, ADVOCATE) AND 1. THE DIRECTORATE GENERAL OF HEALTH SERVICES (DGHS) REP BY ITS SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, GOVERNMENT OF INDIA, MEDICAL COUNSELLING COMMITTEE NIRMAN BHAWAN, MAULANA AZAD ROAD, NEW DELHI-110 001.
2. THE DIRECTOR OF MEDICAL EDUCATION ANAND RAO CIRCLE, BENGALURU-560 009 REP BY ITS DIRECTOR.
3. THE KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 012 REP BY ITS EXECUTIVE DIRECTOR.
4. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH & FAMILY WELFARE VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560 001.
5. THE KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY DR.M.H.MARIGOWDA ROAD, BENGALURU-560 029 KARNATAKA REP BY ITS DIRECTOR.
6. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH T BLOCK EAST PATTABHIRAMA NAGAR, JAYANAGAR, BENGALURU-560 041 REP BY ITS REGISTRAR.
... RESPONDENTS (BY SRI SHASHIKANTH, ASG FOR R1;
SMT M S PRATHIMA, AGA FOR R2 & R4;
SRI N K RAMESH, ADVOCATE FOR R3 & R6; SRI ARAVIND CHAVAN, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS, AND DECLARE THAT THE ACTION OF THE 2ND, 3RD AND 5TH RESPONDENT IN NOT CONSIDERING THE REQUEST OF THE PETITIONER FOR RETURN OF THE ORIGINAL DOCUMENTS AT ANNEXURE-B IS HIGHLY ILLEGAL, ARBITRARY AND OPPOSED TO LAW AND ETC.
IN W.P. NO.40925/2018 BETWEEN KUM. DR. KUSHBOO KUMARI D/O ASHOK KUMAR AGED ABOUT 29 YEARS, RESIDENT OF JANTA BARTAN BHANDAR CHOWK BARTAN TOLI GAYA, BIHAR-823001.
... PETITIONER (BY SRI CHANDRAKANTH R GOULAY, ADVOCATE) AND 1. THE DIRECTORATE GENERAL OF HEALTH SERVICES (DGHS) REP BY ITS SECRETARY MINISTRY OF HEALTH & FAMILY WELFARE GOVERNMENT OF INDIA MEDICAL COUNSELLING COMMITTEE NIRMAN BHAWAN MAULANA AZAD ROAD NEW DELHI-110 001.
2. THE DIRECTOR OF MEDICAL EDUCATION ANANDA RAO CIRCLE, BENGALURU-560 009 REP BY ITS DIRECTOR.
3. THE KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD 18TH CROSS, MALLESHWARAM BENGALURU-560012 REP BY ITS EXECUTIVE DIRECTOR.
4. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH & FAMILY WELFARE VIDHANA SOUDHA DR AMBEDKAR VEEDHI BENGALURU-560 001.
5. THE KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY DR M H MARIGOWDA ROAD BENGALURU-560029 KARNATAKA REP BY ITS DIRECTOR.
6. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH T BLOCK EAST PATTABHIRAMA NAGAR JAYANAGAR BENGALURU-560041 REP BY ITS REGISTRAR.
(BY SRI SHASHIKANTH, ASG FOR R1;
SMT M S PRATHIMA, AGA FOR R2 & R4;
... RESPONDENTS SRI N K RAMESH, ADVOCATE FOR R3 & R6; SRI ARAVIND CHAVAN, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ELEVANT RECORDS, AND DECLARE THAT THE ACTION OF THE 2ND, 3RD AND 5TH RESPONDENT IN NOT CONSIDERING THE REQUEST OF THE PETITIONER FOR RETURN OF THE ORIGINAL DOCUMENTS AT ANNEXURE-D IS HIGHLY ILLEGAL, ARBITRARY AND OPPOSED TO LAW AND ETC.
IN W.P. NO.40928/2018 BETWEEN DR. MANIKYA M S/O. SRI. MANJUNATH, AGED ABOUT 23 YEARS, RESIDENT OF MOGALAHALLI, KONDLAHALLI POST, MOLKALMURU TALUK, CHITRADURGA 577 529.
... PETITIONER (BY SRI CHANDRAKANTH R GOULAY, ADVOCATE) AND 1. THE DIRECTORATE GENERAL OF HEALTH SERVICES (DGHS) REP BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, MEDICAL COUNSELLING COMMITTEE, NIRMAN BHAWAN, MAULANA AZAD ROAD, NEW DELHI 110001.
2. THE DIRECTOR OF MEDICAL EDUCATION ANAND RAO CIRCLE, BENGALURU 560009. REP BY ITS DIRECTOR.
3. THE KARNATAKA EXAMINIATION AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGLAURU 560012.
REP BY ITS EXECUTIVE DIRECTOR.
4. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU 560001.
5. THE KARNATAKA INSITITUTE OF MEDICAL SCIENCES HUBBALLI (KIMS, HUBBALLI), P B ROAD, VIDYANAGAR, HUBBALLI 580022.
KARNATAKA, REP BY ITS PRINCIPAL.
6. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA, 4TH-T-BLOCK, EAST, PATTABHIRAMA NAGAR, JAYANAGAR, BENGALURU 560041, REP BY ITS REGISTRAR.
... RESPONDENTS (BY SRI SHASHIKANTH, ASG FOR R1;
SMT M S PRATHIMA, AGA FOR R2 & R4;
SRI N K RAMESH, ADVOCATE FOR R3 & R6 R5 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RELEVANT RECORDS, DECLARE THAT THE ACTION OF THE 2ND, 3RD AND 5TH RESPODNENT IN NOT CONSIDERING THE REQUEST OF THE PETITINER FOR RETURN OF THE ORIGINAL DOCUMENTS AT ANNEXURE-D IS HIGHLY ILLEGAL, ARBITRARY AND OPPOSED TO LAW AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, NARAYANA SWAMY J., MADE THE FOLLOWING:
ORDER In these batch of writ petitions, the writ petitioners are calling in question the action of the respondent Nos.2, 3 and 5, in not considering the request of the petitioners for return of their respective original documents.
2. The petitioners state that they have joined MBBS course in the year 2015 and completed. They have also secured seats for MD Radiation Oncology and Otolaryngology at the fifth respondent-Institution. Pursuant to admission, they sought withdrawal of admission in the fifth respondent-Institution and approached the respondent with a request to return the original documents and to forfeit the seat. The same has not been considered and hence they have filed these writ petitions. The prayer made by the petitioners is for a writ of mandamus to the respondents directing to return the original documents.
3. The grounds taken by the petitioners in these petitions are similar to the one raised and considered by this Court in W.P.No.10587/2019 disposed of on 27.08.2019. By the said order, the fifth respondent- Institution was directed to return the original documents to the petitioner therein, subject to the compliance of the Government Order No. AKuKa 167 RGU 2018, Bangalore dated 29th May, 2018.
4. Accordingly, these petitions are also allowed.
Fifth respondent-Institution directed to return the original documents to the petitioners subject to the petitioners paying entire amount as per the Government Order No. AKuKa 167 RGU 2018, dated 29th May, 2018, within a period of four weeks from today. Further, liberty is reserved to the fifth respondent-Institution to file memo to revive these petitions for the purpose of further orders.
SD/- JUDGE SD/- JUDGE DL