IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT APPEAL NO.3558 OF 2019 (EDN-RES) BETWEEN:
1. THE PRINCIPAL KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES BANASHANKARI 2ND STAGE BENGALURU – 560 070 2. THE ADMINISTRATOR RAJYA VOKKALIGARA SANGA V.V.PURAM, K.R.ROAD BENGALURU – 560 004 (BY SRI NISHANTH A.V., ADVOCATE) AND:
1. DR.MARRI ANUSHA DEEPTHI D/O VEERA KRISHNA M.G. AGED ABOUT 29 YEARS R/AT NO.9/7-2, SOUNDHARYA NILAYA 1ST CROSS, VITTAL NAGARA CHAMARAJAPET BENGALURU – 560 018 2. THE REGISTRAR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES JAYANAGAR ‘T’ BLOCK BENGALURU – 560 041 ... APPELLANTS ... RESPONDENTS (SRI RAMESH ANANTHAN, ADVOCATE FOR R1 SRI SANTHOSH S.NAGARALE, ADVOCATE FOR R2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 21.08.2019 PASSED IN W.P.NO.14961/2019 AND DISMISS THE SAID WRIT PETITION ETC.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel appearing for the appellants and the learned counsel appearing for the first respondent.
2. The first appellant is an institution which conducts Post Graduate Diploma courses in Medicine. The first respondent applied for securing admission to Post Graduate Diploma course in Gynecology and Obstetrics (DGO) in NRI quota. According to the case of the first appellant, on an assurance given by the parents of the first respondent that they will pay NRI fees of Rs.70 lakhs within a period of four weeks from the date of admission, the first respondent was admitted under NRI quota for the academic year 2016-17. It is an accepted position that the first respondent paid the course fees for both the academic years. On 28th February 2019, the second respondent – University instructed the first appellant to return all the original documents to the first respondent. On 19th March 2019, a request was made in writing by the first appellant to the first respondent to deposit a sum of Rs.70 lakhs as NRI fee.
3. By the impugned order passed in the writ petition filed by the first respondent, the learned Single Judge has directed release of the marks cards by the first appellant to the first respondent. The prayer in the writ petition filed by the first respondent was to return the original marks cards of MBBS deposited by the first respondent with the first appellant at the time of securing admission and for releasing the original marks cards of DGO. The said prayer has been granted by the learned Single Judge by the impugned order by observing that the appellants can always recover the amount allegedly due and payable by the first respondent in accordance with law.
4. The learned counsel appearing for the appellants firstly submitted that the first respondent suppressed the material fact in the writ petition of lodging of a private criminal complaint against the Chairman of the first appellant alleging that the first respondent had paid a sum of Rs.70 lakhs to the Chairman of the first appellant towards the NRI fee. He submitted that moreover an undertaking was given by the first respondent to recover the amount from the said Chairman and not to claim the documents deposited with the first appellant unless the amount is paid. He urged that even this fact was also suppressed.
5. We have considered the submissions. The first appellant admittedly granted admission to the first respondent to Post Graduate Diploma (DGO) course. The first respondent was permitted to appear for the examination of both the academic years.
6. The relevant part of the undertaking given by the first respondent reads thus:
“At the time of admission, I had paid Rs.70,00,000/- towards Hospital Development Fund fee to Mr.D.C.K.Kalegowda, who was the chairman of Kempegowda Medical College (PG- Committee) and later I came to know that Mr.D.C.K.Kalegowda has not paid the said amount to Rajya Vokkaligara Sangha. As such I had initiated criminal proceedings against him before the Hon’ble IV Addl. Chief Metropolitan Magistrate Bangalore, for having misappropriation of the said amount and I undertake to deposit the said amount from Mr.D.C.K.Kalegowda by initiating criminal proceedings and I will deposit the money of Rs.70 lakh (NRI – seat) to this college before I collect original documents submitted to college at the time of admission and I request you to permit me to appear for examination by issuing Hall ticket.”
7. The learned Single Judge has observed that no mandate of law could be pointed out under which such an undertaking could be taken from the first respondent. Therefore, by granting liberty to the first appellant to recover the amount due and payable, if any, from the first respondent, a direction was issued to release the marks cards to the first respondent.
8. We find no error in the impugned order. Accordingly, the appeal is dismissed. As observed by the learned Single Judge, it will be open for the appellants to file appropriate proceedings in accordance with law for recovery of the amount allegedly due and payable by the first respondent. All contentions in this behalf are kept open.
The pending interlocutory applications stand disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB