IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION No.1315/2019 (EDN-RES) Between:
Lupthika K.V., D/o Ko. Vijayakumar, Aged about 20 years, R/o No.771, 60 Feet Road, 5th Stage, 2nd Phase, BEML Layout, Rajarajeshwarinagar, Bengaluru-560 098. ... Petitioner (By Sri. Vijaykumar.K.O, Advocate) And 1. The State of Karnataka Represented by its Secretary, Department of Health and Family Welfare, M.S.Building, Bengaluru-560 001.
2. The Vice Chancellor Rajiv Gandhi University of Health Sciences (RGUHS) 4th ‘T’ Block, Jayanagar, Bengaluru-560 041.
3. The Director AYUSH Department, Dhanwantari Road, Bengaluru-560 009.
4. The Joint Director AYUSH Department, Dhanwantari Road, Bengaluru-560 009.
5. The Principal Government Ayurvedic Medical College, Dhanwantari Road, Bengaluru-560 009.
6. The Principal Karavali Ayurvedic Medical College, Hospital Research Center, N.H.66, Near Kottara Chowki, Bangra Kuloor, Mangaluru-575 013. ... Respondents (By Smt. Pramodhini Kishan, AGA for R1 & R3 to R5 Sri M.K.Ramesh, Advocate for R2.) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-1 to R4 to permit the petitioner to seek admission in the R-5 college for the BAMS 2nd year course academic year 2018-19 by considering the representation dated 28.12.2018 as per annexure-D in terms of the G.O. dated 30.04.2018 vide Annexure-C and etc.
This Writ Petition is coming on for Orders this day, the Court made the following:
ORDER The short grievance of the petitioner-student of BAMS (Ayurvedic Medicine) is against the non-consideration of her representation for migration from the college at Mangaluru to the one at Bengaluru. After service of notice, the respondents having entered appearance resist the writ petition.
2. Smt. Pramodhini Kishan, the learned Additional Government Advocate having opposed the petition initially fairly submits that the official respondents concerned shall take a decision on the representation of the petitioner within a period as may be prescribed by this Court subject to the rider that the petitioner-student also co-operates in furnishing the required information or the documents as may be solicited by the said respondent, for the due consideration. Fairness of the State is placed on record.
3. In view of the above, this writ petition succeeds; a Writ of Mandamus issues to the respondent Nos.1, 3 and 5 to consider or cause to be considered petitioner’s representation dated 28.12.2018 at Annexure-D within a period of two weeks in accordance with law and further to let the petitioner know the result of such consideration forthwith.
4. The learned counsel for the petitioner today has placed on record a copy of No Objection Certificate dated 18.01.2019 given by respondent No.6-The Principal, Karavali Ayurvedic Medical College, signifying No Objection to migration now sought for.
5. It is needles to mention that since the fate of the petitioner-student is involved, the answering respondent shall adhere to the time schedule as specified above.
Sd/- JUDGE RB