IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE Mrs. JUSTICE B.V.NAGARATHNA WRIT PETITION NO.54554/2017 (EDN-RES) BETWEEN:
KUM. JOSHI KALYANI SANJAY D/O. DR. S.K.JOSHI AGED ABOUT 19 YEARS 1ST YEAR MBBS STUDENT NAVODAYA MEDICAL COLLEGE MANTRALAYAM ROAD RAICHUR – 584103 PERMANENT ADDRESS:
PLOT NO.254, SECTOR NO.21 “CHAMPA SHRINIWAS” YAMUNANAGAR, NIGDI PUNE – MAHARASTRA – 411 044 …PETITIONER (BY SRI D VIJAYAKUMAR, ADVOCATE) AND:
1. NAVODAYA MEDICAL COLLEGE MANTRALAYAM ROAD RAICHUR – 584 103 REP. BY ITS PRINCIPAL 2. THE DIRECTOR MEDICAL EDUCATION GOVT. OF KARNATAKA ANANDA RAO CIRCLE BENGALURU – 560 009 3. THE PRESIDENT MEDICAL COUNCIL OF INDIA POCKET 14, 8TH SECTOR DWARAKA PHASE – 1 NEW DELHI – 110077 4. THE REGISTRAR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH ‘T’ BLOCK JAYANAGAR BENGALURU – 560 041 5. THE DEAN SMT. KASHIBAI NAVALE MEDICAL COLLEGE NARHE PUNE – 411 041 6. THE DEAN M.I.M.E.R.MEDICAL COLLEGE TALEGAON GENERAL HOSPITAL CAMPUS TALEGAON (DABHADE) PUNE – 410 507 ...RESPONDENTS (BY SMT. PRAMODINI KISHAN, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO ISSUE NOC FOR MIGRATION IMMEDIATELY AND ALSO NECESSARY DIRECTIONS TO R-1 TO 4 TO ISSUE MIGRATION TRANSFER TO THE PETITIONER FROM NAVODAYA MEDICAL COLLEGE, RAICHUR TO KASHIBAI NAVALE MEDICAL COLLEGE PUNE AND MIMER MEDICAL COLLEGE, PUNE AND ADMIT THE PETITIONER TO THE 2ND YEAR MBBS COURSE AND ISSUE ADMISSION CERTIFICATE FOR THE 1ST YEAR MBBS COURSE ETC.
THIS WRIT PETITION COMING FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has once again filed this writ petition, which is the second writ petition filed by her, seeking ‘no objection’ certificate for migration from the 1st respondent- College to Respondents 5 and 6-Colleges. Earlier, the petitioner had filed Writ Petition No.49054/2017. The writ petition was filed on 30th October 2017. The writ petition was disposed of on 14.11.2017 with the following order:
“Though the writ petition is listed for orders, with consent of learned counsel on both sides, it is heard finally.
2. Petitioner has sought a direction to first respondent, to issue “No Objection Certificate” (NOC), for the purpose of migration from the Institution to either fifth or sixth respondent - Institution.
3. It is averred that petitioner is a student of first respondent – Medical College.
She was admitted for the Academic Year 2016- 17 and has completed first year MBBS Course by securing 66.8%. Petitioner has stated that she fell down in the bathroom of the college hostel and sustained injury to her left knee patella (knee cap) dislocation and has been taking continuous treatment in the first respondent – College Hospital, but there has been no cure and restoration of the dislocation. In the circumstances, petitioner has sought for transfer to either fifth or sixth respondent – Medical College.
4. Learned counsel for the petitioner submits that fifth respondent – Institution at Belagavi, has issued NOC for admission of the petitioner to the said college for the current academic year i.e., second year MBBS, but despite representation being made by first respondent on 22/09/2017 as per Annexure “G”, the same has not yet been considered. In the circumstances, petitioner is unable to seek migration to fifth respondent – Institution.
5. Learned counsel for respondents submit that if a direction is issued by this court, representation would be considered by the first respondent – College and in the event, NOC is issued by the said College, after admitting her to the second year MBBS Course, then steps would be taken by respondent Nos.2 to 4 for approving the said migration in accordance with law.
6. In the circumstances, Respondent No.1 is directed to consider representation dated 22/09/2017 for the purpose of issuance of “No Objection Certificate” (NOC) for migration to second year MBBS Course. It is needless to observe that the said Institution shall not insist on payment of fee for the entire course of MBBS, as the same is not mandated in law. The said consideration shall be made within a period of one week from today, after issuance of the admission letter to petitioner.
7. In the event, first respondent issues NOC for migration, the official respondent Nos.2 to 4 shall take steps to ensure that petitioner is admitted to respondent No.5 – Institution without her losing any attendance.
8. With the aforesaid observations and directions, writ petition stands disposed.”
2. Thereafter, an application was filed by the petitioner seeking modification of that order. The said application was disposed of by an order dated 30.11.2017, which reads as under:
“By Order dated 14.11.2017, this writ petition was disposed of directing the 1st respondent-Institution to issue “No Objection Certificate” (NOC) for migration of the petitioner from 1st respondent to 5th respondent-Institution.
Learned counsel for the petitioner submits that there is no vacancy in the 5th respondent-Institution. Therefore, a direction may be issued to Respondent No.1 to issue a fresh NOC in so far as 6th respondent- Institution is concerned. In that regard, an application has been filed.
Heard the learned counsel for the petitioner, learned counsel for respondents and perused the material on record.
Having regard to the stand taken by the 5th respondent-College, the 1st respondent is now directed to issue a fresh NOC to the petitioner so as to enable her to join the 6th respondent-College. The said NOC shall be issued by Respondent No.1 within one week from today.
With the aforesaid direction, I.A.No.1/17 stands disposed of.”
3. Now, this writ petition has been filed once again seeking relief against the 1st respondent-College to issue ‘no objection certificate’ so as to enable the petitioner to migrate to either 5th or 6th respondent-colleges. It is noted that initially, the petitioner asked for ‘no objection certificate’ to be issued by Respondent No.1 in respect of the 5th respondent-College in Writ Petition No.49054/2017. That was the submission made by her learned counsel and the order passed on 14.11.2017. Thereafter, in the application filed after the disposal of the said writ petition, a direction was sought against Respondent No.1 herein to issue NOC to the 6th respondent in the said writ petition, viz., B.J.Medical College, Pune. That direction was also granted by this Court as aforesaid. Now, the petitioner is seeking a third direction to Respondent No.1-Institution to issue NOC in respect of Respondent No.5 or 6-Institutions herein.
4. The repeated filing of these writ petitions and seeking modifications of the order is in my view, nothing but an abuse of the process of this Court. The petitioner is unable to decide as to in which institute she would like to be migrated.
5. Learned counsel for the petitioner insists that the petitioner is entitled to seek repeated direction against the 1st respondent-Institution so as to go on issuing ‘no objection’ as and when she files writ petitions and in respect of several medical colleges she intends to be migrated to.
6. It appears that the petitioner is not firm about the institution in which she wants to be migrated. At the instance of the petitioner, this Court has shown indulgence by disposing of the petition at the earliest stage as sought and also by modifying order dated 14.11.2017, by order dated 30.11.2017. The petitioner cannot once again file a fresh writ petition seeking a direction to the 1st respondent to once again issue NOC in respect of the 5th or 6th respondent herein. The filing of repeated writ petitions is an instance of abuse of the process of this Court. The petitioner has been speculative in seeking directions from this Court repeatedly without in the first instance identifying the college to which she seeks migration.
7. In the circumstances, the Writ Petition is dismissed. However, I refrain from imposing costs on the petitioner.
Sd/- JUDGE bnv*